HE1254-20-Q-2001 STSSP Training Italy & Spain RFQ.docx

HE125420Q2001

Section SF 1449 - CONTINUATION SHEET

UNDEFINED

STSSP Security Training Italy

FFP

Student Transportation Security Services Program (STSSP).

The Contractor shall provide security training in accordance with the Performance Work Statement (PWS).

MAX

NET AMT

0001AA

Baseline Security Training

The Contractor shall provide bus drivers and safety attendants Baseline security training in accordance with the Performance Work Statement (PWS).

FOB: Destination U014

MAX

UNDEFINED

STSSP Security Training Spain

The Contractor shall provide security training in accordance with the Performance Work Statement (PWS).

MAX

0002AA

Baseline Security Training

The Contractor shall provide bus drivers and safety attendants Baseline security training in accordance with the Performance Work Statement (PWS).

MAX

UNDEFINED

FFP

The Contractor shall provide security training in accordance with the Performance Work Statement (PWS).

MAX

1001AA

FFP

The Contractor shall provide bus drivers and safety attendants Baseline security training in accordance with the Performance Work Statement (PWS).

MAX

1001AB

FFP

The Contractor shall provide bus drivers and safety attendants Refresher security training in accordance with the Performance Work Statement (PWS).

MAX

UNDEFINED

FFP

The Contractor shall provide security training in accordance with the Performance Work Statement (PWS).

MAX

1002AA

FFP

The Contractor shall provide bus drivers and safety attendants Baseline security training in accordance with the Performance Work Statement (PWS).

MAX

1002AB

FFP

The Contractor shall provide bus drivers and safety attendants Refresher security training in accordance with the Performance Work Statement (PWS).

MAX

UNDEFINED

FFP

The Contractor shall provide security training in accordance with the Performance Work Statement (PWS).

MAX

2001AA

FFP

The Contractor shall provide bus drivers and safety attendants Baseline security training in accordance with the Performance Work Statement (PWS).

MAX

2001AB

FFP

The Contractor shall provide bus drivers and safety attendants Refresher security training in accordance with the Performance Work Statement (PWS).

MAX

UNDEFINED

FFP

The Contractor shall provide security training in accordance with the Performance Work Statement (PWS).

MAX

2002AA

FFP

The Contractor shall provide bus drivers and safety attendants Baseline security training in accordance with the Performance Work Statement (PWS).

MAX

2002AB

FFP

The Contractor shall provide bus drivers and safety attendants Refresher security training in accordance with the Performance Work Statement (PWS).

MAX

UNDEFINED

FFP

The Contractor shall provide security training in accordance with the Performance Work Statement (PWS).

MAX

3001AA

FFP

The Contractor shall provide bus drivers and safety attendants Baseline security training in accordance with the Performance Work Statement (PWS).

MAX

3001AB

FFP

The Contractor shall provide bus drivers and safety attendants Refresher security training in accordance with the Performance Work Statement (PWS).

MAX

UNDEFINED

FFP

The Contractor shall provide security training in accordance with the Performance Work Statement (PWS).

MAX

3002AA

FFP

The Contractor shall provide bus drivers and safety attendants Baseline security training in accordance with the Performance Work Statement (PWS).

MAX

3002AB

FFP

The Contractor shall provide bus drivers and safety attendants Refresher security training in accordance with the Performance Work Statement (PWS).

MAX

UNDEFINED

FFP

The Contractor shall provide security training in accordance with the Performance Work Statement (PWS).

MAX

4001AA

FFP

The Contractor shall provide bus drivers and safety attendants Baseline security training in accordance with the Performance Work Statement (PWS).

MAX

4001AB

FFP

The Contractor shall provide bus drivers and safety attendants Refresher security training in accordance with the Performance Work Statement (PWS).

MAX

UNDEFINED

FFP

The Contractor shall provide security training in accordance with the Performance Work Statement (PWS).

MAX

4002AA

FFP

The Contractor shall provide bus drivers and safety attendants Baseline security training in accordance with the Performance Work Statement (PWS).

MAX

4002AB

FFP

The Contractor shall provide bus drivers and safety attendants Refresher security training in accordance with the Performance Work Statement (PWS).

MAX

DELIVERY-INSPECTION INFO

Delivery Information: Information in this section will be populated in the award document. (However, the Government anticipates a 1 July 2020 period of performance start date.)

Inspection And Acceptance Terms: Information in this section will be populated in the award document as follows:

Inspect At and Accept At: Destination Inspect By and Accept By: Government

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 ADDENDA – CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

ADDENDA TO FAR 52.212-4(C) Changes

Text in paragraph (c) Changes is deleted and replaced with the following:

Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)).

CONSENT TO DE-OBLIGATION OF EXCESS FUNDS AFTER FINAL PAYMENT

(a) This paragraph is an addendum to FAR 52.212-4.

(b) The Contractor agrees that, after final payment has been made, the Government may unilaterally, and without obtaining further approval from the Contractor, adjust the final quantities of goods and/or services delivered and accepted under this contract and adjust the final price of this contract to conform to the total amount paid as of the date final payment was made.

(c) In accordance with FAR 4.804-3, the paying office shall close the contract file upon issuance of the final payment voucher. No contract modification will be issued to de-obligate the excess funds.

(d) If this contract is a type of indefinite-delivery contract (e.g., indefinite-delivery indefinite-quantity, requirements), this paragraph shall apply to each order issued under the contract on a case-by-case basis.

(e) This paragraph shall be deemed to be written agreement of the parties as contemplated by the changes paragraph of the Contract Terms And Conditions – Commercial Items clause of this contract (FAR 52.212-4(c)).

(End of Addenda to FAR 52.212-4)

CLAUSES INCORPORATED BY REFERENCE

TABLE OF ATTACHMENTS

(End of Attachments)

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 ADDENDUM – INSTRUCTIONS TO OFFERORS - - COMMERCIAL ITEMS (DEVIATION 2018-O0018) (OCT 2018)

Addendum to Paragraph (b). Paragraph (b) is changed to read as follows:

(b) Communication.

The following Contracting Officer and Contract Specialist are the sole points of contact for this acquisition:

· Colleen Pritchard

· Marcia E. Lee Communications with other officials may compromise the integrity of this acquisition and result in cancellation of the requirement.

Intent to Submit Quotes.

For planning purposes only, please send an e-mail to Ms. Marcia Lee at Marcia.Lee@dodea.edu and Ms. Colleen C. Pritchard at Colleen.Pritchard@dodea.edu to give notification if your company intends to submit a quote in response to this solicitation. The subject of the e-mail shall be “Intent to Submit a Quote for HE1254-20-Q-2001”. Please provide the company’s name and point of contact to include name, title, address, e-mail, phone number, company’s DUNS, and Cage Code. Failure to submit a notice of intent does not prohibit an Offeror from submitting a quote.

Submission of Questions.

Offerors shall submit questions concerning this solicitation, electronically, NO LATER THAN 3:00 p.m. Eastern Daylight Time (EDT), 20 February 2020. Questions submitted after this date may not be considered for a response.

Submission of Offers.

Offerors must ensure that the signed and dated attached quote and all attachments are virus free, legible, and arrives in Ms. Lee’s, and Ms. Pritchard's e-mail inboxes by the solicitation closing time. E-mails over 10 MB will be rejected by DoDEA’s network. If the electronic copy cannot be opened, the Contract Specialist or Contracting Officer will notify the Offeror and a replacement electronic copy shall be provided by the Offeror within one (1) working day after notification.

Document

Title Page Limitations Pages shall be numbered numerically

Volume I

(pages exceeding this maximum will not be considered) New Time Roman, not less than 12-point font

New Time Roman, not less than 12-point font

(submit according to Volume III instructions in this clause)

(Only Attachment 3 will be considered with the exception of the following:

Contractor filled-in Enclosures 1 through 5, If Applicable, The Subcontractor/Teaming Agreement (maximum 5 pages), and The Offeror Responsibility Determination (maximum 2 pages)

New Time Roman, not less than 12-point font

Documents shall be submitted in separate .pdf or Microsoft Office (e.g. Word, Excel, etc.) format by e-mail on or before the closing date and time stated in Block 8 of the solicitation to Ms. Marcia Lee, Contract Specialist, e-mail at Marcia.Lee@dodea.edu, and Ms. Colleen C. Pritchard, Contacting Officer, e-mail at Colleen.Pritchard@dodea.edu.

As a minimum, offers must offerors shall submit a package consisting of an Administrative Cover Letter, Signed SF 1449, Signed SF 30 (as applicable) and four separate volumes as follows:

1. Administrative Cover Letter The Administrative Cover Letter shall state the following:

0. The solicitation number

0. Unique Entity Identifier (DUNS Number)

0. Complete Business Mailing Address.

0. N/CAGE Code

0. NAICS Code

0. Contact Name

0. Contact Phone and e-mail address

1. Signed SF 1449 Offerors shall complete blocks 12, 17a, and 30a-c of the SF 1449 Solicitation/Contract/Order for Commercial Items. Offerors shall insert their company’s CAGE code in the box titled “CODE” in block 17. By submission of its quote, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Offeror’s terms and conditions will not be accepted. The SF 1449 shall be signed and dated by an Official authorized to bind the Organization, and be included in the quotation submission.

1. Signed SF 30 Offerors shall complete blocks 8 and 15a-c of each SF 30 Amendment of Solicitation/Modification of Contract, issued for this solicitation. Each SF 30 shall be signed and dated by an Official authorized to bind the Organization, and be included in the quotation submission.

1. Volume I – Factor 1: Technical Capability

Offerors shall submit a quote that addresses the following four (4) Elements. The reading of these sections should leave an evaluator with a detailed understanding of the Offeror’s technical capacity for meeting the technical requirements of the solicitation without having to search throughout the entire quotation to piece together the Offeror’s response.

Do not simply repeat back verbatim or paraphrase requirements along the lines of “we will do this or that.” Instead, present your plans that describe or outline how you propose to meet the requirements, and do so in sufficient detail to explain clearly the procedures and processes you will put in place and use. In other words, treat each requirement as a question to be answered with “here’s my approach to do the job.” The Government will only evaluate an Offeror’s quote based solely on the information provided.

Element 1: Selection of Training Instructors The Offerors shall submit a plan detailing the requirements stated in Objectives 1, 2, 3, and 4 of the performance work statement (PWS) and of Annex B: Program Management and Personnel. The Plan shall include, at a minimum, the following:

A brief narrative describing the approaches and processes used for recruiting and vetting instructors to demonstrate that they are qualified to instruct, are subject matter experts in security and antiterrorism, and able to speak the official language of the host nation as required by the PWS Tasks in Para 2.1., 2.2., 2.3., and 2.4. and Annex B: Program Management and Personnel. Include how offerors will maintain a pool of qualified instructors for this effort.

Element 2: Technical Approach Baseline and Refresher Security Training Plans The Offeror shall submit a quote that clearly demonstrates its understanding of and approach to providing security training in accordance with the stated Objectives outlined in the PWS Tasks in Para 2.1., 2.2., 2.3., and 2.4. and Annex C: Training. The response shall include, at a minimum, the following:

· Objectives 1 (Italy) and 3 (Spain) - Baseline Security Training Plan: Course curricula, lesson plans, and points of instructions; developing and conducting baseline training; submit a draft Baseline security training curriculum or syllabus that covers the main and mandatory topics, and describes the measurement tools used to assess training effectiveness in both subject manner content and instructional delivery.

· Objectives 2 (Italy) and 4 (Spain) - Refresher Security Training Plan: Course curricula, lesson plans, and points of instructions; developing and conducting refresher training; submit a draft Refresher security training curriculum or syllabus that covers the main and mandatory topics and describes the measurement tools used to assess training effectiveness in both subject manner content and instructional delivery.

Element 3: Presentation and Reporting of Training Offeror shall provide a narrative detailing the methodology for ensuring trainees’ comprehension and assimilation of subject-matter material; internal measurement tool to assess training effectiveness; and a training report template that the offeror will use to report training as stated in the PWS Tasks in Para 2.1., 2.2., 2.3., and 2.4. and Annex C: Training.

Element 4: Prior Experience Offeror shall submit a quote that clearly demonstrates the offeror’s prior experience performing similar services to those outlined in the PWS. The offeror shall link evidence of prior experience to the performance requirements of the PWS.

1. Volume II – Factor 2: Past Performance Offeror shall submit past performance information for the prime and subcontractors (performing as the Prime on that effort) to determine the recency and relevancy of the Offeror’s performance. To be recent, the effort must be on-going or must have been completed within the last three (3) years by the closing date/time of this solicitation. To be relevant, the Offeror must demonstrate that performance was the same or similar to the solicitation requirement. The relevancy analysis will focus on whether or not the Offeror has provided security training services similar in scope, magnitude of effort, and complexities to customers. Past Performance information submitted that is not recent and/or relevant will not be evaluated.

1. Subcontractor/Teaming Information. If an Offeror proposes a teaming arrangement for services, the Offeror (proposed prime Offeror) shall provide past performance information on any subcontractor or teaming arrangement offered.

At a minimum, when a prime Offeror teams with a subcontractor, past performance information relevant to that subcontractor shall be provided on at least one (1) effort. The information required shall be the same as above. Offerors shall include in their quote the written consent of their proposed subcontractor(s) to allow the Government to discuss the subcontractor’s past performance assessment with the Offeror.

1. Questionnaires. Offerors must send Past Performance Questionnaires (PPQ), Attachment 1, to their Customers’ points of contact (POCs) and instruct the POCs to complete the PPQ in English. Offerors shall make their best effort to send out a sufficient number of PPQs to reasonably expect submission to the contracting officer at least one questionnaire on each cited contract/work effort. The PPQ recipient should e-mail completed questionnaires directly to the contract specialist listed on the questionnaire. PPQs not written in English, incomplete, and/or completed by the Offeror, will not be reviewed. PPQs are requested to be received in the issuing office by the closing date/time of the solicitation.

It is highly recommended that the PPQs are sent to the Offeror's POCs at the earliest opportunity so there is sufficient time to complete the questionnaires and send to the Contract Specialist by the due date. The Government reserves the right to not consider PPQs received after the due date.

1. The Government reserves the right to obtain information relative to present and past performance on its own, in addition to information provided by the Offeror and from contract and subcontract POCs. If you are aware that one or more of your contracts in the Past Performance Information Retrieval System (PPIRS) specifically relates to the requirements in this acquisition, please provide this contract/work effort as one of the past performance submissions with your quote.

1. Volume III: Price Quote Offerors fully burden price quote shall be complete, and represent an accurate reflection of the requirement as stated in the PWS.

Offerors shall complete, in its entirety, all unit and extended prices using the Government provided Microsoft Excel Pricing Sheet labeled “Attachment 2” and submit it in both the Excel and pdf format. The Pricing Sheet will establish the maximum unit prices the Offeror may charge for services under the contract.

The Government will not be obligated to pay the Offeror any amount in excess of the prices proposed. Offerors are advised that in the event unit prices multiplied by quantity have been incorrectly calculated, the unit price will govern. The total evaluated price will be considered in making the final best value determination.

The Government has provided a table within Attachment 2, labeled “FAR 52.217-8 Option to Extend Services” to account for the option period(s) possible under FAR 52.217-8 (maximum six months), Option to Extend Services. If the Government has to exercise the option under FAR 52.217-8, then the Government will use the rate given for the last year performance was completed. However, for the purpose of calculating the total evaluated price, the Government will use the unit prices submitted for option period 4 to calculate the potential 6-months option under FAR 52.217-8.

The price quote is presumed to represent the Offeror’s best effort to respond to the solicitation. Any inconsistency, whether real or apparent, between promised performance and price should be explained in the quote. Any significant inconsistency, if not explained, raises a fundamental issue of the understanding of the nature and scope of the work required.

As referred to in paragraph (b) of FAR Clause 52.216-19, "Ordering Limitations" of this contract, the contract minimum guaranteed to the offeror is a total of $50 for base only and $0 for potential option periods. The maximum quantity is the total quantity for all items combined as set forth in the pricing sheet, Attachment 2.

Tax Exemption Status. DoDEA is an activity of the Federal Government. As such, state agencies are precluded from taxing them by reason of the Supreme Court decision in McCullough v. Maryland, 17 US 316 (1817). In addition, the various states have codified this immunity by appropriate statutes. DoDEA Federal Tax Identification Number: 26-2331642.

1. Volume IV: Representations and Certifications The Offeror shall complete Attachment 3 (to include Contractor filled-in Enclosures 1 through 5, any applicable Subcontractor/Teaming Agreement, and the Offeror Responsibility Determination) in order to address Factor IV: Representations and Certifications.

Addendum to Paragraph (c). Paragraph (c) is changed to read as follows:

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Addendum to Paragraphs (d) & (e). Paragraphs (d) & (e) are deleted in its entirety.

Addendum to Paragraph (g) Contract award. Paragraph (g) is changed to read as follows:

The Government intends to award without discussions. Therefore, the offeror’s initial quote should contain the offeror’s best approach/terms for technical, past performance, and price. However, despite this intent, the Government reserves the right to conduct discussions if the Government determines they are necessary. If the Government determines that discussions are necessary, a competitive range will be established. In the event issues pertaining to this award cannot be resolved to the Government's satisfaction, the Government reserves the right to withdraw and cancel the solicitation. In such event, offerors will be notified in writing.

Addendum to Paragraph (h). Paragraph (h) is changed to read as follows:

Multiple awards will not be made as a result of this solicitation.

Addendum to Paragraph (i). Paragraph (i) is deleted in its entirety.

(End of FAR 52.212-1 Addendum)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

The words Offer, Offeror, or Proposal within this Clause are substituted to read Quotation, Vendor, or Quotation, respectively.

(a) Addendum to Paragraph (a). Paragraph (a) is changed to read as follows:

The Government will award a single Firm-Fixed Price Indefinite Delivery/Indefinite Quantity contract (IDIQ) contract, for a 5-year period, to the responsible offeror whose quote represents the best value. The evaluation factors are: Technical Capability, Past Performance, and Price. This solicitation is being competed under FAR Parts 12 and 13.

The Government may, in its discretion, conduct exchanges with offerors if exchanges are determined to be in the Government's best interest.

Factor 1: Technical Capability. Will be evaluated in accordance with FAR 13.106-2(b). The Government will evaluate the Offeror’s response to each Element stated in 52.212-1 Addendum to determine if the offeror’s quote clearly demonstrates the Offeror’s caability to meet or exceed the requirement in accordance with the Performance Work Statement (PWS). The four elements are: (1) Selection of Training Instructors; (2) Technical Approach Baseline and Refresher Security Training Plans; (3) Presentation and Reporting of Training; and (4) Prior Experience.

Factor II: Past Performance. Will be evaluated to assess the Offeror’s ability to successfully meet the requirements based on the Offeror’s demonstrated recent and relevant record of how well the Offeror performed on previous contracts.

Factor III: Price. Will be evaluated for price reasonableness in accordance with FAR 13.106-3.

Factor IV: Representations and Certifications. Will not be evaluated, but will be reviewed for completeness.

(b) Options. Addendum to Paragraph (b). Paragraph (b) is changed to read as follows:

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price (FFP) single award indefinite-delivery indefinite-quantity (IDIQ) contract resulting from this solicitation.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of 150%;

(2) Any order for a combination of items in excess of 150%; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 Calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year from the expiration of the contract.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 calendar days prior to the expiration date of the contract including all modifications thereto.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

Note: If the FAR 52.217-8 extension is exercised, the total duration of this contract shall not exceed 66 months.

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019) ALTERNATE I (MAR 2015)

(a) Definitions. As used in this clause— “Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

“Coercion” means—

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Commercially available off-the-shelf (COTS) item” means--

(1) Any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

“Forced labor” means knowingly providing or obtaining the labor or services of a person—

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

“Involuntary servitude” includes a condition of servitude induced by means of—

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

“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.

“Severe forms of trafficking in persons” means—

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not—

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees and potential employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees of—

(i) (A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of—

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in—

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation.

(1) The Contractor shall, at a minimum—

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C.