19GE5025Q0118 _INL SWAT Training.pdf

COMBINED SYNOPSIS & SOLICITATION

United States Embassy Jerusalem, Israel

Special Weapons and Tactics (SWAT) training for the

Palestinian Security Forces

SOLICITATION NO. 19GE5025Q0118

Issued by:

American Consulate General

Regional Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main

Germany

July 23, 2025

Combined Synopsis and Solicitation

Solicitation Number 19GE5025Q0118

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

Special Weapons and Tactics (SWAT) training for the Palestinian Security Forces located in

Jericho, West Bank.

The Government intends to award a single, firm fixed-price contract to the responsible offeror whose quotation conforms to the solicitation and represents the best value to the Government, price and other factors considered utilizing FAR 13 Comparative Evaluation.

The Contractor shall complete all work, including furnishing all labor, material, equipment, transportation, lodging, meals, training and services, unless otherwise specified herein, required under this contract for stated services within the time specified herein.

The price listed below shall include all labor, materials, overhead, equipment, transportation, lodging, meals, training, insurance, profit and if applicable, value-added tax (VAT). In consideration of satisfactory performance of all scheduled services required under this contract, the Contractor shall be paid a firm fixed price for all 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

AMERICAN CONSULATE GENERAL

Regional Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main

Germany contract price be adjusted on account of fluctuations in currency exchange rates. Any costs not separately priced will be considered to be included in the individual prices as overhead or other indirect cost.

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

(i) 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.

(ii) The solicitation number is 19GE5025Q0118 and is issued as a Request for Quotations

(RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2025-04, effective June 11, 2025.

(iv) This is a Full and Open Competition acquisition. NAICS code is 611430 - Professional and Management Development Training. PSC Code is U008 – Education/ Training –

Training Curriculum Development.

(v) Please complete the table below inserting the total costs. The currency shall be fixed and cannot be changed by modification to the contract.

Period of Performance: All four (4) trainings shall be conducted within 12 months after contract award.

Price:

Training #1

Contract line item

No.

Description Unit Quantity Unit Price Total

CLIN 0001

Two (2) week training for trainees

(per trainee)/ Quantity: 60 trainees

As specified in the SOW

EA 60

CLIN 0002

Transportation (per individual)

As specified in the SOW

EA 60

CLIN 0003

Defense Base Act Insurance (DBA)

If applicable

LT 1

CLIN 0004

Value Added Tax (VAT)

If applicable

LT 1

Overall total for training #1

Training #2

Contract line item

No.

Description Unit Quantity Unit Price Total

CLIN 0005

Two (2) week training for trainees

(per trainee)/ Quantity: 60 trainees

As specified in the SOW

EA 60

CLIN 0006

Transportation (per individual)

CLIN 0007

Defense Base Act Insurance (DBA)

If applicable

LT 1

CLIN 0008

Value Added Tax (VAT)

If applicable

Overall total for training #2

Training #3

No.

Description Unit Quantity Unit Price Total

CLIN 0009

Two (2) week training for trainees

(per trainee)/ Quantity: 60 trainees

As specified in the SOW

EA 60

CLIN 0010

CLIN 0011

Defense Base Act Insurance (DBA)

If applicable

CLIN 0012

Value Added Tax (VAT)

If applicable

Overall total for training #3

Training #4

No.

Description Unit Quantity Unit Price Total

CLIN 0013

Two (2) week training for trainees

(per trainee)/ Quantity: 60 trainees

As specified in the SOW

EA 60

CLIN 0014

CLIN 0015

Defense Base Act Insurance (DBA)

If applicable

LT 1

CLIN 0016

Value Added Tax (VAT)

If applicable

Overall total for training #4

Overall total for training #1

Overall total for training #2

Overall total for training #3

Overall total for training #4

GRAND TOTAL (for all four trainings)

Currency

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

VAT

Value Added Tax applicability on both importation of goods and domestic purchase of goods and services is subject to the place of performance.

If VAT is applicable, offerors shall identify Value Added Tax (VAT) as a separate line item. The

VAT shall also be reflected as a separate cost item on all invoices submitted under the resulting contract. Local law dictates the portion of the contract price that is subject to VAT.

If VAT is applicable, the Contractor will be reimbursed for VAT only to the extent contractor provides documentary proof that VAT payments have been made to the host government.

Any refund of VAT to the Contractor shall be paid to the Government to the extent the

Government reimbursed the contractor for the VAT payment.

Defense Base Act (DBA) Insurance:

DBA insurance is required for all United States citizens or residents and individuals hired in the

United States, regardless of citizenship for any construction and services for U. S. overseas contracts regardless of the amount. Only the countries listed currently on the Department of

Labor’s (DOL) Active DBA Waivers are not required to have DBA insurance for Host Country

Nationals (HCNs) and Third Country Nationals (TCNs) working overseas. (See website for country waivers: https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm).

The DBA insurance may be obtained from any authorized DBA insurance broker, see Sub-

Section I.12, FAR 52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE

ACT) (JUL 2014). New DBA insurances policies can be purchased directly from any DOL

(Department of Labor) approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

The Contractor shall be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in CLIN0003, 0007, 0011 and 0015 above.

DBA insurance cost shall be evaluated as part of the total evaluated fixed price and included in the fixed price of the contract. Where DBA is applicable, the Contractor shall be required to provide evidence of insurance (certification of coverage and a paid invoice) within 30 calendar days from the date of award.

NOTE: Jordan and Israel are currently included on the DOL’s active waiver list; therefore, DBA insurance is required only for employees performing work on this contract who are either citizens or residents of the USA, or are hired in the USA through the period of performance.

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm http://www.dol.gov/owcp/dlhwc/lscarrier.htm

(vi) SPECIFICATIONS / STATEMENT OF WORK (SOW)

1. Objective

The requirement is to provide Special Weapons and Tactics (SWAT) training for the

Palestinian Security Forces located in Jericho, West Bank.

Location/Address: The training facility shall be located within 2-hour ground vehicular commute (one way) from Jericho, West Bank.

Clearance Requirements: The contractor shall provide all relevant information on its personnel and trainers directly related to the trainings for the Government to conduct a security background check.

2. Description of Tasks and Services

a. The facilities shall enable training that provides greater weapons proficiency (rifle and pistol) both in static and dynamic conditions to include live fire and simunitions in High Risk Operations (HRO) scenarios. HRO scenarios shall include but not limited to responding to:

• Barricaded shooters

• Hostage rescue or supporting hostage negotiations

• Several armed militants or criminals in urban terrain

• High risk search and seizure of drugs, weapons, or other contraband

• Warrant execution for known violent criminals/militants

• Response, care, and evacuation of downed officer or civilian under fire

• Active shooter(s)

b. The facilities and training shall also include HRO scenarios that require PASF SWAT officers to plan and develop a concept of operation to deescalate the situation or neutralize threats posed to civilian bystanders or SWAT teammates.

c. Host a two (2) week training for 60 students. Provide 4 trainings in total.

d. The training facility shall provide the following equipment for the training:

• AK-47 or near equivalent variants (35 – 60 x per course)

• Glock 19 or near equivalent variants (35 – 60 x per course)

• 9mm ammunition (minimum 200-300 x rounds / student)

• 7.62 ammunition (600-800 x rounds / student)

• Non-lethal explosive devices such as “flash-bangs” (15-30 x devices/ course)

• Simunition adapters (30 – 40 x adapters / course)

• Simunitions (50-100 x rounds /student)

• Lightly Armored vehicles (3-4 x vehicles / course)

e. Facility shall provide the following features:

• Realistic training areas and buildings that accurately simulate residential, densely populated (akin to West Bank refugee camp), rural, and public areas

(such as a town square).

• Recording capability in building to conduct after action reviews of student performance.

• Firing ranges shall permit live fire from 5-100 meters suitable up to 7.62 mm rounds.

• Static and reactive moving targets

• Wi-Fi / 3G or 4G Cellular network service

• Class or Briefing rooms to conduct theoretical, mission planning, and after-action reviews for at least team size element (25-30 x students) at a time.

f. The facility shall permit the following:

• Various physical and mechanical breaching methods in training buildings.

• Stun or non-concussive grenades in building and training areas.

• Live fire and simunition training within at least one training building or “shoot house”.

• Night fire

• Lightly Armored or Tactical vehicle driving by students & instructors to ensure proper training in operational use of vehicles

• Lateral and depth movement on range while firing

g. The two (2) week training is organized as follows:

• Sunday: Arrival of participants

• Monday to Friday: Training

• Saturday and Sunday: Rest

• Monday to Friday: Training

• Saturday: Departure

h. The facility shall provide lodging, meals and transportation as follows:

• Living quarters for students

• Cafeteria facilities that provide 3 x nutrient rich meals a day for entire course

• Transportation within facilities

• Transportation of participants from Jericho, West Bank to training facility

• Provide gymnasium suitable for students

• Potable water throughout the day for all participants

• Laundry facilities for all participants

• First aid services for all participants

i. The contractor shall provide qualified and professional trainers. Each trainer shall train and supervise no more than 5 students at once.

3. Eligibility Requirement

Location: Offeror shall show evidence of being locally registered as a business in the place of performance or have a local partner registered to deliver the service. The training facility shall be located within 2-hour ground vehicular commute (one way) from Jericho, West Bank.

(vii) Provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial

Services, applies to this acquisition.

Addendum to FAR 52.212-1 Instructions to Offerors—Commercial Products and

Commercial Services (Sep 2023)

Pursuant to FAR 12.302(d), the provision at FAR 52.212-1 Instructions to Offerors—

Commercial Products and Commercial Services (Sep 2023) is augmented as follows:

The Offeror shall submit its response to this RFQ as follows:

Volume 1 (Price Volume) containing the following:

1. Pricing - Pricing Table in paragraph (v): All applicable portions of this form shall be completed in each relevant category. The Currency shall be stated.

2. Representations and Certifications and Contractor's Recruitment of Third Country

Nationals (TCNs) - Attachment (A): The Offeror is required to complete the Representations, Certifications, and other Statements of Offerors or Respondents 52.204-24, 52.212-3, Defense

Base Act table and Contractor Recruitment Of Third Country Nationals (TCNs).

In addition:

• If the offeror has selected TCNs Section (i) as per Attachment (A), provide both a

Recruitment Plan and a Housing Plan, as set forth in the clause at paragraph (xii) of this solicitation - Recruitment of Third Country Nationals (TCNs).

• Accordingly, if the offeror has selected TCNs Section (ii) as per Attachment (A), provide a Recruitment Plan.

NOTE: The Government maintains a zero-tolerance policy towards trafficking in persons.

The failure to provide the required documentation may result in a proposal being removed from competition without discussions.

3. SAM Registration and Unique Entity Identifier:

The Offeror is required to be registered in the System for Award Management (SAM) database in accordance with FAR 52.204-13 and have a registered Unique Identifier Number in accordance with FAR 52.204-6.

If the offeror is not registered in the SAM, it may do so through the SAM website at https://www.sam.gov/portal/public/SAM/ https://www.sam.gov/portal/public/SAM/

Contract award is subject to an active SAM registration.

4. Trafficking in Persons Plan

As per FAR 52.222-50 Trafficking in Persons and FAR 52.222-56 Certification Regarding

Trafficking in Persons & Compliance Plan, the contractor shall provide a Trafficking in Persons compliance plan as part of volume 1 Price proposal.

Volume 2 (Technical Volume) containing the following:

The technical proposal shall demonstrate that the offeror understands the requirement listed in paragraph (vi) of the solicitation, and shall set forth current, accurate, and complete information as required by this solicitation.

The technical evaluation criteria in paragraph (viii) of this solicitation will be used by the technical panel to evaluate technical proposals. The technical proposal shall specifically address the following aspects in detail. Simply repeating or paraphrasing solicitation sections is not acceptable and may cause the USG to give the offeror an unacceptable technical rating.

The Technical Proposal shall be prepared as follows:

1. Work Plan: The offeror shall provide a work plan, considering all work elements in Section

(vi) to demonstrate a clear understanding of the work requested in this solicitation.

2. Key Personnel: The Government considers the offeror´s Project Manager to be key personnel under the resulting contract from this solicitation. The Project Manager shall have minimum of 3 years of relevant experience, and be able to converse in English. The offeror shall provide a detailed resume and experience of this individual. Use Attachment B – Key Personnel.

3. Authorization and performance: In accordance with DOSAR 652.242-73

AUTHORIZATION AND PERFORMANCE (AUG 1999) provide written certification that authorization to operate and do business in the country which is the place of performance has been obtained. If offeror has not obtained such authorization, provide, the offeror shall provide:

a) A thorough description as to what steps you have taken to investigate all requirements to obtain authorization to perform in the country of performance.

b) Details of your findings and a description of what your organization shall actually be required to undertake to obtain licensing and requisite permit(s).

c) Any impact such authorization may have on the contractor’s operating name and address.

d) Specific information concerning the period of time you anticipate it shall take to obtain appropriate authorization. Any plan reflecting a protracted period (i.e. more than 30 calendar days after award) in obtaining license(s) and/or permit(s) shall be rejected at the discretion of the Contracting Officer since further delay would otherwise harm the

Government.

4. Personnel, equipment & financial resources: The offeror shall provide evidence that their company can provide the necessary personnel, equipment and financial resources needed to perform the work.

5. Liability Insurance: The offeror shall provide either a copy of the Certificate of Insurance

(Liability insurance) or a statement that the contractor will get the required insurance and the name of the insurance provider to be used. (This requirement is additional to the Defense Base

Act Insurance)

6. Subcontractor information (if applicable): The offeror shall provide a list of subcontractors indicating what portions of the work will be performed by them. Specify the percentage of work that will be sub-contractor. If the offeror will not use sub-contractors, that shall be stated.

7. Past Performance & Experience: The offeror shall have a minimum of three (3) years of relevant experience over the past five (5) years demonstrating prior experience in same or similar service. Provide dates of contracts, places of performance, value of contracts, contact names, telephone numbers and email addresses.

Use Attachment C, Contract Information Sheet / Experience Listing, to submit a list of three relevant contracts that clearly demonstrate the required experience

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. To be considered relevant, services must be similar in scope, magnitude and complexity as the services prescribed in the SOW.

List of Attachments:

Attachment (A) - Representations and Certifications

Attachment (B) – Key Personnel

Attachment (C) – Past Performance and Experience

(viii) Provision at 52.212-2, Evaluation-Commercial Products and Commercial Services, applies to this acquisition.

(a) The evaluation of offers will be based on best value using comparative evaluation authorized under FAR 13.106-2(b)(3). A comparative evaluation is defined as the act of comparing two or more offers in response to the RFP. The line-by-line comparison is performed by comparing each offer directly to one another to determine which provides the best value to the Government. This is NOT a low price technically acceptable or trade-off process.

This selection process will utilize FAR 13 procedures.

(b) After preliminary consideration of all offers, the Department will no longer consider offers that do not meet basic standards to be eligible for award. The offers that remain will be subject to a comparative evaluation.

The preliminary evaluation process shall include the following:

COMPLIANCE REVIEW. The Government will perform an initial review of proposals/quotations received to determine completeness and compliance with the terms of the solicitation. The Government may reject as unacceptable proposals/quotations that do not conform to the solicitation.

(c) EVALUATION CRITERIA. Proposals will be evaluated on the basis of a direct comparison to other offers to discern if there is any kind of performance quality superiority that would support an award to a higher priced offer as described below.

1. Technical: Technical will be evaluated on the basis of a direct comparison to other offers to discern if there is any kind of technical quality superiority that would support an award to a higher priced offer.

2. Key Personnel: The Government will evaluate the key personnel. The evaluation will include a review of the qualifications of the proposed staff and their range of experience and knowledge. The end result of this review will be a determination of technical acceptability or unacceptability.

3. Past Performance: Past performance will be evaluated on the basis of a direct comparison to other offers to discern if there is any significant past performance superiority that would support an award to a higher priced offer. Past performance as a discriminator may be appropriate where based on the offeror’s performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

4. Price: Price will be evaluated to ensure the proposed price is fair and reasonable.

The price will be determined by multiplying the offered prices times the estimated quantities in “Prices – Section (v)”, and arriving at a grand total, including all 4 trainings. The Government reserves the right to reject proposals that are unreasonably low or high in price.

(d) 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 or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(e) RESPONSIBILITY DETERMINATION: The Government will determine contractor responsibility by analyzing whether the apparent successful offeror complies with the requirements of FAR 9.1, including:

• Adequate financial resources or the ability to obtain them;

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

• Satisfactory record of integrity and business ethics;

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

• Necessary equipment and facilities or the ability to obtain them; and

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

(f) ELIGIBILITY FOR AWARD: To be eligible for award, offerors are required to meet all solicitation requirements, such as terms and conditions, non-price and price instructions in paragraph (vii). Failure to comply with all or any specific solicitation requirements and instructions may result in the offeror being removed from award consideration.

The Government may reject, without consideration of past performance or price, any proposal that has been rated “unacceptable” under any non-past performance and non-price factor. Such proposal will be considered technically unacceptable.

The Government may reject any proposal from an offeror is determined to be not responsible. The determination of offeror responsibility will be made by the Contracting

Officer and will be assessed on the pass/fail basis. The Government will make its determination of offeror responsibility in accordance with FAR 9.1 by using information provided in the proposal and information available from other sources.

Addendum to FAR 52.212-2 Evaluation – Commercial Items (Oct 2014)

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. Pursuant to FAR 52.215-1, the Government reserves the right to award a contract without discussions based on initial offers.

Upon completion of the Government’s initial evaluation of proposals, exchanges with offerors may occur, for the purpose of clarifications and communications in accordance with FAR Part

12. This is a commercial acquisition for which debriefing is not required and none will be provided.

(ix) Offerors are required to submit a copy of the completed provision at 52.212-3, Offeror

Representations and Certifications-Commercial Products and Commercial Services, and

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment with its offer (see Attachment A).

(x) The clause 52.212-4, Contract Terms and Conditions-Commercial Products and

Commercial Services, applies to this acquisition.

(xi) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition.

(xii) Additional Terms and Conditions:

Additional Applicable Clauses and Provisions:

The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference:

CLAUSE/PROVISION TITLE AND DATE

FAR 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

FAR 52.204-7 System for Award Management (Nov 2024)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards (Jun 2020)

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

FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug

2020)

FAR 52.204-22 Alternative Line Item Proposal (Jan 2017)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment (Nov 2021)

FAR 52.204-26 Covered Telecommunications Equipment or Services-

Representation (Oct 2020)

FAR 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—

Representation and Disclosures (Dec 2023)

FAR 52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, Proposed for Debarment, or

Voluntarily Excluded (Jan 2025)

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

FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jan

2025)

FAR 52.222-50 Combating Trafficking in Persons (Nov 2021)

FAR 52.225-13 Restrictions on certain foreign purchases (Feb 2021)

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

FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While

Driving (MAY 2024)

FAR 52.228-3 Workers’ Compensation Insurance (Defense Base Act) (Jul 2014)

FAR 52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas (Apr

1984)

FAR 52.229-6 Taxes-Foreign Fixed-Price Contracts (Feb 2013)

FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award

Management (Oct 2018)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Mar 2023)

FAR 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or

Assembled by American Security Drone Act-Covered Foreign

Entities (Nov 2024)

FAR 52.243-1 Alt II Changes – Fixed-Price (Aug 1987)

FAR 52.249-4 Termination for Convenience of the Government (Services) (Short

Form) (Apr 1984)

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

DOSAR 652.206-70 Advocate for Competition/Ombudsman (Feb 2015)

DOSAR 652.225-70 Arab League Boycott of Israel (Aug 1999)

DOSAR 652.225-71 Section 8(A) of The Export Administration Act Of 1979, As

Amended (Aug 1999)

DOSAR 652.229-71 Personal Property Disposition at Posts Abroad (Aug 1999)

DOSAR 652.232-70 Payment Schedule and Invoice Submission (Fixed-Price) (Aug

1999)

DOSAR 652.242-73 Authorization and Performance (Aug 1999)

DOSAR 652.243-70 Notices (Aug 1999)

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

https://www.acquisition.gov/content/regulations

Key Personnel

a. The Project Manager shall be proactive, qualified, and able to converse in

English. The Contractor shall assign to this contract the following key person:

POSITION/FUNCTION NAME

Project Manager: ________________________________

b. The Contractor shall make no substitutions of key personnel unless the substitution is required due to illness, death, or termination of employment. The

Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required below to the

Contracting Officer at least 15 days before making any permanent substitutions.

c. The Contractor shall provide a detailed explanation of the circumstances requiring the proposed substitution, a complete resume for the proposed substitute. The proposed substitute shall possess qualifications comparable to the original key person.

The Contracting Officer will notify the Contractor of its approval or disapproval of the substitution within 15 calendar days after receiving the required information. The

Government will modify the contract to reflect any changes in key personnel.

Standards of Conduct

(a) General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as may be necessary. Each

Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.

(b) Uniforms and Personal Equipment. The Contractor 's employees shall wear clean, neat and complete uniforms when on duty. All employees shall wear uniforms approved by the Contracting Officer's Representative (COR). The Contractor shall provide for each employee and supervisor, uniforms and personal equipment. The Contractor shall bear the cost of purchasing, cleaning, pressing, and repair of the uniforms.

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

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

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

(f) Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions: falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records; unauthorized use of Government property, theft, vandalism, or immoral conduct; unethical or improper use of official authority or credentials; security violations; organizing or participating in gambling in any form; and misuse of weapons.

(g) Key Control. The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., for the purposes of this contract. Keys shall not be duplicated without the COR's approval. Where it is determined that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from performing work under the contract. If the Contractor has lost any such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimburse the

Government for the cost of rekeying that portion of the system so compromised.

Removal of Personnel

The contractor shall maintain discipline at the site and at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst those employed at the site and for the preservation of peace and protection of persons and property in the neighborhood of the project against the same. The COR may require, in writing, that the contractor remove from the work any employee that the COR deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the project is deemed by the COR to be contrary to the Government's interests.

Payment Terms

The Contractor shall submit an invoice after each training that has been performed.

Payment shall be made in accordance with the U.S.G. Prompt Payment Act, i.e. within 30 days after completion of service or receipt of invoice, whichever is the latter.

Invoices shall include the items listed in Addendum to FAR 52.212-1 and all items listed in FAR

52.212-4g.1 and shall be addressed to the COR, to be determined upon award, via email.

Insurance requirement

The Contractor assumes absolute responsibility and liability for any and all personal injuries or death and property damage or losses suffered due to negligence of the Contractor's personnel in the performance of this Contract. The Contractor's assumption of absolute liability is independent of any insurance policies. The Contractor, at it's own expense, shall provide and maintain during the entire period of performance of this Contract, whatever insurance is legally necessary.

Contracting Officer Representative (COR)

The following is the designated contact personnel between the U.S. Embassy and the Contractor:

COR _________________________ (to be determined upon award)

The Contracting Officer Representative (COR) will be the contractor’s point of contact at the

U.S. Embassy. All questions concerning coordination of services while at post shall be directed to the COR.

Quality Assurance and Surveillance Plan (QASP)

This plan is designed to provide an effective surveillance method to promote effective contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor contractor performance, advise the contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The contractor, not the

USG, is responsible for management and quality control to meet the terms of the contract. The role of the USG is to conduct quality assurance to ensure that contract standards are achieved.

Performance Objective Performance Work

Statement Para Performance Threshold

Services

Performs all services set forth in the scope of work.

All required services are performed and no more than two (2) customer complaint is received per training.

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

• Standard – The performance standard is that the USG receives no more than one

(1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.246-4, Inspection of Services – Fixed Price (AUG 1996) or the appropriate Inspection of Services clause), if any of the services exceed the standard.

• Complaint Procedures

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

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

(c) If the COR determines the complaint is invalid, the COR will advise the complainant.

The COR will retain the annotated copy of the written complaint for his/her files.

(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available.

The COR shall determine how much time is reasonable.

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

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

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

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

Reports And Other Deliverables

All reports and other deliverables required under this contract shall be delivered by email to the

COR and mailed to the following address: TBA.

Description QTY Delivery Date Deliver to

Invoice 1 To be submitted after each training

Designated Billing

Office

List of Personnel 1 15 days after award

COR

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

Contracts

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.

Inspection and Acceptance

A U.S. Government representative will inspect the products delivered to determine the quality and acceptability. Substandard products and work shall be notified to vendor. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of the items.

The vendor is required to replace any defective items at no additional cost to the Government.

Joint Venture Agreements

Joint Venture Offerors shall furnish with their proposal a notarized legal document that establishes the Joint Venture. The Joint Venture Agreement shall take effect upon the submission of the proposal and remain irrevocable until one (1) year after the work has been finally inspected and accepted by the Government. The Joint Venture Agreement shall include, at a minimum, the following:

• Name of firms that form the Joint Venture and the name of the Joint Venture

• Name and title of the corporate officials signing on behalf of each party

• Solicitation number

• Description of the responsibilities in terms of work category for each partner that sufficiently demonstrates how the joint venture meets the work requirements of this solicitation

• The statement “The composition and structure of the Joint Venture shall remain unchanged from award to one (1) year after the work has been finally inspected and accepted…