19VM3024Q0032 Minutes of meeting - Pre-proposal conference 29 Jul 2024 - QandA.pdf

Minutes from Pre‐Quotation Conference of July 29, 2024

Ref: Solicitation No. 19VM3024Q0032

Legal Consultation Services for the U.S. Embassy Hanoi.

Introduction

The Contracting Officer, Mr. Albert B. Kafka, welcomed all attendees, introduced the Embassy Contracting Unit:

Mr. Joel D. Alley, HRO/Contracting Officer’s Representative Ms. Loan Nguyen, HR Resources Assistant Ms. Trang Bui, Procurement Supervisor

Discussion of the Solicitation Package

The following sections of the solicitation were highlighted:

1. Introduction of RFQ #19VM3024Q0032 – Table of Contents & requirements

Section 1 – The Schedule Standard Form 1449 Price and Payment Performance Work Statement

Section 2 – Contract Clauses FAR 52.204‐7 System for Award Management FAR 52.204‐25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.222‐50 Combatting Trafficking in Persons

Section 3 – Solicitation Provisions

Section 4 – Evaluation Factors

Section 5 – Representations & Certifications

Submitting Questions on the Solicitation Requirements

Deadline for Quotation Submissions

Q&A

2. The following important FAR clauses were highlighted:

FAR 52.204‐7 System for Award Management The U.S. Government requires that all contractors have to be registered in the System for Award Management (SAM) Database https://sam.gov/content/home prior to contract award pursuant to FAR provision 52.204‐7. Therefore, prospective offerors are encouraged to register prior to the submittal of quotations/proposals.

Embassy of the United States of America

Hanoi, Vietnam – Contracting Unit

July 31, 2024

The guidelines for registration in SAM are as per document included in the solicitation package, and available at: https://sam.gov/content/entity‐registration Or please contact the Contracting Unit of the U.S. Embassy Hanoi (email:

HanoiGSOProcurement@state.gov) for assistance.

FAR 52.204‐25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

FAR clause 52.204‐25 prohibits the U.S. Government Agencies to procure any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, and prohibits the U.S. Government Agencies to procure services and supplies from any entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Covered equipment are the ones that produced or provided by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities), an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country, meaning The People’s Republic of China.

To guarantee the compliance of FAR 52.204‐25 Offerors are requested to complete FAR Provision 52.204‐24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment – paragraph (d)(1)&(2), and FAR Provision 52.204‐26 Covered Telecommunications Equipment or Services‐Representation – paragraph (c) in Section 5 – Presentations & Certifications.

FAR 52.222‐50 ‐ Combating Trafficking in Persons

As a U.S. Government contractor all suppliers must comply with Federal Acquisitions Regulations (FAR) Clause 52.222‐50, "Combating Trafficking in Persons." 52.222‐50 implements the U.S. Government's "zero tolerance policy on human trafficking" by prohibiting and contractor and its subcontractors at any tier from utilizing "forced labor" or engaging in "severe forms of trafficking in persons" during the performance of contracts and the subcontracts awarded thereunder. Contractor are reminded to include FAR clause 52.222‐50 in all subcontracts placed in support of our Government business. Violations of FAR clause § 52.222‐ 50 can result in substantial financial and other penalties to include contract and subcontract termination and debarment from U.S. Government work.

3. Guidance on bid submission:

Each quotation must consist of the following:

Volume Provisions 1 Executed Standard Form 1449 and Completed Section 1

2 Technical Proposal

Volume 1 shall contain complete pricing schedules as identified in Section 1, including an hourly rate of professional hours, travel expenses, overhead, profit, subcontractor costs, reproduction costs, VAT and all other costs related to the services required to perform the work described in work statement.

Volume 2 shall include information demonstrating the quoter’s ability to perform the required services (please refer to RFQ page 32 – 34), completed Section 5 – Representations and Certifications, proof of SAM registration.

4. The award selection will go to the lowest priced, technically acceptable, responsible offeror.

Offerors must propose fixed prices for the types of services identified in Section 1 – THE SCHEDULE. Offers that do not include fixed prices cannot be evaluated for the total cost and will be rejected.

5. The deadline for the submission of the quotation for Legal Consultation Services is no later than 17:00 Vietnamese local time on August 12, 2024. The Offerors/Quoters are requested to send the quotation package by email to BuiTH@state.gov on or before bid submission due time. No quotation will be accepted after this time

Questions and Answers:

The questions were asked before, during and after the conference to be submitted in writing at the conference and/or by email to BuiTH@state.gov and KafkaAB@state.gov until 14h00 on August 30, 2024, with the answers referenced in “19VM3024Q0032 – Solicitation Questions and Answers” shall supersede all the answers provided for the subjected solicitation.

Conclusion

The conference concluded and attendees were thanked for their presence and expression of interest in serving the U.S. Government. The meeting was adjourned.

Sincerely, Albert B. Kafka Contracting Officer

Enclosure: Questions and Answers.

19VM3024Q0032 – LEGAL CONSULTATION SERVICES

QUESTIONS AND ANSWERS

No. QUESTIONS ANSWERS

1 Section 2 – Contract Clauses

652.215‐70 EXAMINATION OF RECORDS

(a) With respect to matters related to this contract or a subcontract hereunder, the Department of State Office of the Inspector General, or an authorized representative, shall have upon request:

(1) Complete, prompt, and free access to all Contractor and Subcontractor files (in any format), documents, records, data, premises, and employees, except as limited by law; and”

Please clarify the phrase “all Contractor and Subcontractor files (in any format)”. Does that mean “the files Contractor and Subcontractor submitted to the US Embassy Hanoi” (in any format)?

It means the Department of State Office of the Inspector General, or an authorized representative, shall have upon request complete, prompt, and free access to all Contractor and Subcontractor files (in any format), documents, records, data, premises, and employees, except as limited by law, and as mentioned “with respect to matters related to this contract or a subcontract hereunder”.