JTFB_Combined Synopsis Solicitation W912QM24Q0034_Tax Exoneration Specialist.pdf

RFQ/SOLICITATION NUMBER: W912QM-24-Q-0034

Tax Exoneration Specialist

JTF-B / J4

Date: 15 July 2024

Combined Synopsis Solicitation

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

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

2. The solicitation number is W912QM-24-Q-0034 and is issued as a Combined Synopsis Solicitation.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-05, effective date 22 May 2024.

4. The associated North American Industrial Classification System (NAICS) code for this procurement is 541611, Administrative Management and General Management Consulting Services.

Size Standard is $16.5 million to $21.5 million. Set aside for Small Businesses is not applicable for this requirement.

5. CLIN Structure:

CLINS BASE YEAR 2 SEP 2024 - 1 SEP 2025 QTY U/I U/PRICE TOTAL

0001 Tax Program Admin Duties (see PWS) 12 Month 0002 DBA Insurance 1 JOB

TOTAL BASE YEAR

CLINS FIRST OPTION YEAR 2 SEP 2025 - 1 SEP 2026 QTY U/I U/PRICE TOTAL

1001 Tax Program Admin Duties (see PWS) 12 Month 1002 DBA Insurance 1 JOB

TOTAL FIRST OPTION YEAR

CLINS SECOND OPTION YEAR 2 SEP 2026 - 1 SEP 2027 QTY U/I U/PRICE TOTAL

2001 Tax Program Admin Duties (see PWS) 12 Month 2002 DBA Insurance 1 JOB

TOTAL SECOND OPTION YEAR

CLINS THIRD OPTION YEAR 2 SEP 2027 - 1 SEP 2028 QTY U/I U/PRICE TOTAL

3001 Tax Program Admin Duties (see PWS) 12 Month 3002 DBA Insurance 1 JOB

TOTAL THIRD OPTION YEAR

CLINS FOURTH OPTION YEAR 2 SEP 2028 - 1 SEP 2029 QTY U/I U/PRICE TOTAL

4001 Tax Program Admin Duties (see PWS) 12 Month 4002 DBA Insurance 1 JOB

TOTAL FOURTH OPTION YEAR

JTF-B / J4

Date: 15 July 2024

6. Description of the Requirement:

The 410th CSB, Regional Contracting Office requires: Services include administrative management of the Honduran tax exoneration process for all United States Government purchases made by units at Soto Cano Air Base. The tax exoneration process includes several components to include completing purchase order registration, purchase order liquidations, and purchase reports. The forms and reports must be submitted via the Plataforma Administradora de Modulos de Exoneraciones de Honduras (PAMEH) online system using the Spanish language. Services required include multiple components which have monthly and annual deadlines, in support of Joint Task Force Bravo (JTF-B), also referred to herein as “the Government”. See PWS for additional information.

7. Place of Delivery and Acceptance:

DELIVERY SITE

Soto Cano Air Base, Honduras.

PERFORMANCE PERIOD

See CLINs Structure.

ACCEPTANCE

Joint Task Force Bravo (JTF-B) J4 Logistics Directorate Capt Wongsai Heur

8. Applicable Provisions:

***NOTE: ALL OFFERORS SHALL COMPLY WITH FAR 52.204-7(b)(1) *** FAR 52.204-7(b)(1): “An Offeror is required to be registered in SAM when submitting an offer or quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.”

System of Award Management (SAM) Registration Instructions:

1. Visit the SAM home page at https://www.sam.gov/.

2. Click “Create a User Account” button on SAM home page and follow the instructions.

3. Click “Register Entity” button on SAM home page and follow the instructions.

Vendors MUST SECURE Defense Base Act (DBA) Insurance after award of contract. All DBA insurance information can be determined and acquired using the U.S. Department of Labor website.

DBA is a 100% mandated requirement for all services outside of the U.S. that does not have a current waiver on file with the U.S. Department of Labor. The country of Brazil does not have a waiver for DBA insurance. DBA is essentially a form of workman’s compensation to ensure all workers are covered in case of an accident during performance of a service contract and is mandatory for all service contracts.

DBA Insurance is treated as a Not-to-Exceed Line Item (CLIN), not a Fixed Price CLIN, and the associated costs are fully reimbursable at contract payment. DBA insurance is not considered in the evaluated price for each quotation. Insurance must be presented to contracting officer no later than 7 days after contract award, or the contract will be at risk of termination.”

Vendors MUST submit a DBA quote with combined solicitation to be considered for award. DBA Insurance must be from an approved source https://www.dol.gov/agencies/owcp/dlhwc/lscarrier.

https://www.sam.gov/ https://www.dol.gov/agencies/owcp/dlhwc/lscarrier

JTF-B / J4

Date: 15 July 2024

FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023)

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

A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This technical description must include a personnel management plan demonstrating the contractor’s capability to provide, manage, and resource the certified personnel requested in the PWS. This may also include product literature, or other documents, if necessary.”

FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

BEST VALUE

*Technical capability, price and past performance, when combined, are of equal importance when compared to best value*.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services— Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for

JTF-B / J4

Date: 15 July 2024

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, 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.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

JTF-B / J4

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(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

JTF-B / J4

Date: 15 July 2024

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by 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.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or

JTF-B / J4

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Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, 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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract

JTF-B / J4

Date: 15 July 2024 number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;

and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph

(e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in 4.2105(c), insert the following provision:

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

OPTION TO EXTEND SERVICES (NOV 1999)

Option to Extend Services will be evaluated on the continuation of the rates specified in option year four for a period not to exceed six months. 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 30 days.

(End of clause) https://www.acquisition.gov/far/part-17#FAR_17_208

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52.217-9 Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/

(End of provision)

9. Applicable clauses:

52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of Clause)

Provisions Incorporated by reference:

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation (Dec 2016) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Sep 2022) 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (Dec 2019) 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services— Representation (May 2021) 252.204-7019 Notice of NISTSP 800-171 DoD Assessment Requirements (Nov 2023) https://www.acquisition.gov/far/part-17#FAR_17_208 https://www.acquisition.gov/ https://www.acquisition.gov/

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252.204-7024 Notice on the use of the Supplier Performance Risk System (Mar 2023) 252.215-7008 Only One Offer (Dec 2022) 252.225-7042 Authorization to Perform (Apr 2003)

Clauses Incorporated by reference:

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16-commercial and Government entity Code Reporting (AUG 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Dec 2023) 52.204-27 Prohibition on a Byte Dance Covered Application (Jun 2023) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (May 2024) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Feb 2024) 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Dec 2022) 252.204-7003 Control of Government Personnel Work Product (Apr 1992) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (May 2024) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (Jan 2023) 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (Jan 2023) 252.211-7003 Item Unique Identification and Valuation (Jan 2023) 252.211-7008 Use of Government-Assigned Serial Numbers (Sep 2010) 252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies (Dec 2018) 252.225-7041 Correspondence in English (Jun 1997) 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States (Jun 2015) 252.225-7048 Export-Controlled Items (June 2013) 252.225-7987 Requirements for Contractor Personnel Performing in the U.S. Southern Command Area of Responsibility (DEVIATION 2021-O0004) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7006 Wide Area WorkFlow Payment Instructions (Jan 2023) 252.232-7008 Assignment of Claims (Overseas) (Jan 1997) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.233-7001 Choice of Law (Overseas) (Jun 1997)

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252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (Jan 2023) 252.243-7001 Pricing of Contract Modifications (Dec 1991) 252.243-7002 Requests for Equitable Adjustment (Dec 2022) 252.244-7000 Subcontracts for Commercial Products and Commercial Services (Nov 2023) 252.246-7008 Sources of Electronic Parts (Jan 2023) 252.247-7023 Transportation of Supplies by Sea—Basic (Jan 2023)

5152.233-4703 AMC-LEVEL PROTEST PROGRAM

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum.

Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC- Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution.

Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm:

A6SE040.001

Redstone Arsenal, AL 35898-5000 Facsimile number (256)450-8840

The AMC-Level protest procedures are found at:

http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp

The Defense Priorities and Allocation System (DPAS) is not applicable to this requirement.

10. Solicitation Date: 17 July 2024

11. Close Response Date/Time/Location: No later than 5 August 2024 at 5:00PM local time at the 410th CSB Regional Contracting Office, Soto Cano Air Base, Comayagua, Honduras.

12. Points of Contact:

Contract Specialist: Eduardo Castillo, Phone: 1 (786) 684-5067 EXT 684-5284, email:

eduardo.a.castillo9.ln@mail.mil;

Contracting Officer, phone: MAJ Jonathan C. Shelton, Phone: 1 (786) 684-5070, email:

jonathan.c.shelton2.mil@mail.mil http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp mailto:eduardo.a.castillo9.ln@mail.mil;

mailto:jonathan.c.shelton2.mil@mail.mil

PERFORMANCE WORK STATEMENT (PWS)

Version 1 May 2024

410th Ver 1 2021-04

Tax Exonerations Specialist 01 Jun 2024

Part 1

General Information

1. GENERAL: This is a non-personal services contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. The United States (U.S.) Government shall not exercise any supervision or control over the Contractor’s employees performing the tasks herein. Such contract employees shall be accountable solely to the Contractor who, in turn shall be responsible to the U.S. Government

(USG).

1.1 Description of Services/Introduction: Services include administrative management of the Honduran tax exoneration process for all United States Government purchases made by units at Soto Cano Air Base. The tax exoneration process includes several components to include completing purchase order registration, purchase order liquidations, and purchase reports. The forms and reports must be submitted via the Plataforma Administradora de Modulos de Exoneraciones de Honduras (PAMEH) online system using the Spanish language. Services required include multiple components which have monthly and annual deadlines.

1.2 Background: This service is in support of USG organizations on Soto Cano Air Base. USG organizations file for tax exonerations on all eligible purchases. In accordance with DoDI 5100.64, the USG will secure, to the maximum extent practicable, effective relief from all foreign taxes. For the United States Government to receive tax exonerations by the Honduras Government, a service is required to complete the administrative management of the tax exoneration process which exists between the USG and the Honduran Government. The paramount responsibility of the service is to complete, submit, and file tax exoneration forms and reports within designated cut-off dates which occur monthly and annually. Successful execution of the service will allow tax exonerations to be properly processed and ensure continual access to the PAMEH online system (USG access to the PAMEH online system is temporarily suspended if monthly/annual deadlines are not met, consequently preventing all future USG purchases temporarily i.e. fuel purchases will not be able to be processed if the previous month’s tax exoneration forms and reports are not closed out).

1.3 Objectives: The primary objective will be completing monthly and annual tax exoneration forms and reports for all USG purchases to include fuel, Government Purchase Card (GPC), major, and contract purhcases eligible for tax exonerations. Other objectives will include the development and distribution of related training material to all serviced USG organizations as well as the establishment of a records management program to ensure proper documentation and organization of data. Finally, the Contractor shall establish working relationships with USG organizations, Honduran government agencies, and Honduran civilian companies in order to effectively coordinate on all tax related matters and issues.

1.4 Scope: The Contractor shall be responsible and exercise complete autonomy in completing tax forms and reports for all purchases made by all USG organizations on SCAB. All tax forms and reports will be processed through the Honduran Government Agency Plataforma Administradora de Módulos de Exoneraciones de Honduras (PAMEH) virtually—or by mail, if necessary. The Honduran tax exoneration process includes monthly and annual deadlines.

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1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years.

1.6 General Information:

1.6.1 Quality Control Plan (QCP): Reserved.

1.6.1.1 Reserved.

1.6.1.2 Reserved.

1.6.1.2.1 Reserved.

1.6.1.2.2 Reserved.

1.6.1.2.3 Reserved.

1.6.1.2.4 Reserved.

1.6.1.2.5 Reserved.

1.6.1.2.6 Reserved.

1.6.2 Operations Security (OPSEC) SOP/Plan Requirements: The Contractor shall implement and maintain an OPSEC program for preventing the disclosure of critical information or sensitive information which could jeopardize the Government’s ability to execute its mission or to adequately protect its personnel and/or equipment. The Contractor shall develop an OPSEC Standing Operating Procedure (SOP)/plan within 90 calendar days of contract award to the Contracting Officer Representative (COR) or Contracting Officer (KO) to be reviewed and approved by the Government OPSEC Officer on the supporting installation. The SOP must contain a training plan that includes an initial OPSEC brief, continuous awareness, and annual OPSEC training. Awareness/training includes, but not limited to information disclosure via letters, conversations, photographs, resumes, electronic mail (e-mail), Social media/networking sites, dissemination of information and documents disposal. OPSEC Program shall fully comply with the provisions of AR 530-1, Operations Security.

1.6.2 Quality Assurance (QA): The government shall evaluate the Contractor’s performance under this contract in accordance with (IAW) the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed IAW the performance standards and contract quality requirements are met. Contract quality requirements” means the technical requirements in the contract relating to the quality of the product or service and those contract clauses prescribing inspection, and other quality controls incumbent on the Contractor, to ensure the product or service conforms to the contractual requirements. It defines how the performance standards will be applied, the frequency of surveillance, the performance threshold, and deductions, if applicable.

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1.6.3 Recognized Holidays:

New Year’s Day Juneteenth National Independence Day Dr. Martin Luther King, Jr. Day Independence Day Presidents’ Day Francisco Moranzan’s Birthday Memorial Day Discovery of America Holy Thursday Honduran Armed Forces Day Good Friday Columbus Day Holy Saturday Veterans’ Day Day of the Americas Thanksgiving Day Honduran Labor Day Christmas Day Memorial Day

1.6.4 Hours of Operation: The Contractor is responsible for conducting business between the hours of 8:00 AM to 5:00 PM (with a one (1) hour lunch period) Monday through Friday, except Recognized Holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must, at all times, maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at a government facility on Soto Cano Air Base (SCAB).

1.6.6 Type of Contract: The Government anticipates the award of a firm fixed price type contract.

1.6.7 Access and General Protection Policy and Procedures:

1.6.7.1 FPCON: In addition to the changes otherwise authorized by the changes of clause of contract, should the US Government Force Protection Condition (FPCON) at any individual installation change, the Government may require changes in Contractor security matters or process in accordance with DoDI 2000.16. During FPCONs Charlie and Delta, only contract services that have been deemed “mission essential” by the Government will continue. Contract services will resume when the FPCON is reduced to Bravo or lower.

1.6.7.2 Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information, and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured IAW Army Regulation (AR) 190-13, “The Army Physical Security Program.”

1.6.7.3 Escorts: Reserved.

1.6.7.4 Personnel Security Clearance Requirements: Contractor personnel performing work under this contract will work with unclassified information and do not require a security clearance.

1.6.7.4.1 The Contractor shall follow DOD Federal Acquisition Regulation Supplement (DFARS) clause 252.223-7004, Drug-free Work Force; and local United States Southern Command (USSOUTHCOM) policies regarding drug testing.

1.6.7.5 Background Checks: The Contractor shall ensure Contractor employees and subContractor employees performing services under this contract have passed a security check

May 2024 conducted by the Host Nation Police Department of their residence or the State Police Department of their U.S. residence. Security checks that have been completed as part of a personnel security clearance background investigation, or a previous background check that was a condition of employment, meet this requirement. Documentation of these checks will be made available to the KO or COR upon request. The Government retains the right to exclude any employee from performance of duties under this contract if a background security check reveals an employee is a security risk. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. If the Government determines additional background checks are required, at a minimum, and upon request from the Government, the Contractor shall provide to the KO or COR, the following information on any Contractor or subContractor employee performing services under this contract:

• Full birth name

• Married name (if applicable)

• National Identification or Passport

• Date of birth

• Place of birth (city, country)

• Address

• Phone number

1.6.7.5.1 Background Check Notification Requirements: If a background check on any employee or subContractor employee performing services under this contract, whether the check was conducted as a condition of employment or as part of the contract with the Government, reveals any information from any source (including host country law enforcement) of criminal activity by Contractor employees, subContractors, or subContractor employees, the Contractor shall notify the KO and COR of that information within 1 duty day. The Contractor shall make notification of:

(1) Traffic violations, other than parking, will be reported to the KO or COR only if the contract is for drivers for the Government;

(2) Any suspicious activity by Contractor employees, subContractors, or subContractor employees the Contractor believes may pose a risk to U.S. or host nation national security or imminent risk of deadly bodily harm to any person; and

(3) Any actions taken against Contractor employees, subContractors, or subContractor employees pursuant to this requirement.

1.6.7.5.2 Remedies. In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of this paragraph my result in requiring the Contractor to remove a Contractor employee or employees from the performance of the contract.

1.6.7.5.3 Subcontracts. The Contractor shall include the substance of this paragraph and the preceding paragraph in all subcontracts.

1.6.7.6 Uncleared Contractor Common Access Card (CAC) Credentialing and Access Procedures

1.6.7.6.1 Contractor Common Access Card (CAC) Eligible Requirements: Before CAC issuance, the Contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army

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Directive 2014-05. The Contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DOD facility and access, via logon, to DOD networks on-site or remotely; (2) Remote access, via logon, to a DOD network using DOD-approved remote access procedures; or (3) Physical access to multiple DOD facilities or multiple non-DOD federally controlled facilities on behalf of the DOD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management. Contractor personnel shall return CAC to appropriate USG authorities within 5 days of the end of their contractual duties.

1.6.7.6.1.1 Federal Installation/Facility Access: Contractor and all associated sub-Contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The employee performing services under this contract shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Military Police Detatchment, Security Office, and the host nation equivalent.

1.6.7.6.2 Contractor Non CAC Eligible Requirements for DOD Facility and Installation Access:

Contractor and all associated subContractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at Outside the Continental U.S. (OCONUS) locations, in accordance with status of forces agreements and other theater regulations. The employee performing services under this contract shall provide all information required for background checks to meet installation access requirements to the installation Provost Marshal Office, Military Police Detatchment, Security Office, and the host nation equivalent.

1.6.7.7 Employment Eligibility: The Contractor shall ensure that all Contractor employees and sub-Contractor employees performing services under this contract in the U.S. or its territories have been pre-screened for employment eligibility using the E-verify Program on the Department of Homeland Security website http://www.uscis.gov/e-verify. Personnel that have not met the employment eligibility requirement on this website are not authorized to perform services under this contract. Verification of the eligibility check will be made available to the KO or COR upon request. This requirement is not in lieu of and does not relieve the Contractor from the I-9 Employment Eligibility Verification Forms for employment of personnel.

1.6.7.8 Access to Government Information Systems: All Contractor employees and subContractor employees performing services under this contract who have access to a government information system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services and must successfully complete the DoD Information Assurance Awareness training prior to access to the information system and then annually thereafter.

1.6.7.9 Key Control: Reserved.

1.6.7.10 Lock Combinations: The Contractor shall establish and implement methods of making sure all access codes issued to the Contractor by the Government are not disclosed and are not used by unauthorized persons. The Contractor shall report any occurrences of unauthorized http://www.uscis.gov/e-verify

May 2024 disclosure of access codes to the KO and the COR (and physical property manager, if applicable) within two (2) hours or the next business day if after hours. The Contractor shall develop procedures covering access control that shall be included in the Quality Control Plan.

1.6.7.10.1 Only authorized Contractor personnel shall use Government issued access codes.

Contractor personnel shall follow security access requirements when entering secure areas.

Contractor shall receive appropriate security clearance approval to allow visitor(s) access in secure areas.

1.6.8 Post Award Conference/Contract Periodic Progress Meetings: The Contractor shall attend the post award conference convened by the contracting activity or contract administration office IAW Federal Acquisition Regulation (FAR) Subpart 42.5.