Amendment 1 RFQ0887 - SFA PER NTV Service (12 Oct 2023).pdf

RFQ/SOLICITATION NUMBER: PAN410-23-P-0000 000887

SFA PER NTV Service 24.1_24.2

Date: 12 October 2023

COMBINED SYNOPSIS/SOLICITATION FOR

SFA PERU 24.1_24.2

NTV Rental

General Information

Document Type: Combined Solicitation/Synopsis Solicitation Number: PAN410-23-P-0000 00887 Amendment 1 Posted Date: 1400 CST 12 October 2023 Response Date: 1400 CST 19 October 2023 Set Aside: N/A PSC Code: W023 NAICS Code: 485320

Contracting Office Address Regional Contracting Center-Americas 410th Contracting Support Brigade 4130 Stanley Road, Building 1026 JBSA Fort Sam Houston, TX 78234-2726

Description:

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.

The solicitation number is PAN410-23-P-0000 000887 and is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-05 dated 08 August 2023.

* Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. *

The Government will evaluate each quote based on price and meeting the minimum needs of the Government. Contract award shall be made to the lowest price quoted that meets the Government’s minimum needs.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-05, effective date 07 September 2023.

The associated North American Industrial Classification System (NAICS) code for this procurement is 485320, Passenger Van Rental with driver, was considered and selected as the corresponding code. The size standard is $19,000,000.00. This requirement is not set aside for small business.

Date: 12 October 2023

Description of the Requirement:

The 410th CSB, requires 2 vans with drivers with a minimum capacity of 8 passengers per van in support of United States Army South, SFAB, Peru. See Performance Work Statement (PWS) for more details.

Place of Delivery:

Westin 2W Apartments Calle Chiclayo 525, Miraflores, Peru.

Acceptance:

SFA PER

CLIN Structure:

Item

SUPPLIES/SERVICES

QTY

UNIT

ISSUE

UNIT

PRICE

TOTAL

CLIN 0001

2x VANS (8x PAX) with Drivers, fuel, tolls, and parking fees included.

IAW PWS Part 5 and Technical Exhibit 1

POP: 18 NOV 2023 – 10 DEC 2023

Days

CLIN 0002

2x VANS (8x PAX) with Drivers, fuel, tolls, and parking fees included.

IAW PWS Part 5 and Technical Exhibit 1

POP: 19 FEB 2024 – 26 MAR 2024

Days

CLIN 0003 DBA Insurance 1 EACH

Grand Total: $ ____________________

Company Name: ____________________________________________

Company POC: _____________________________________________

Signature: _____________________________________ Date: ___________________

Date: 12 October 2023

The following FAR and DFARS provisions and clauses apply to this acquisition:

***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 Peru 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 10 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.

FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (MAR 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:

PRICE

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

Date: 12 October 2023 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.

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 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

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.

(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);

(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.

Date: 12 October 2023

(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.

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 (Nov 2021)

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)

52.204-27 Prohibition on a ByteDance Covered Application.

As prescribed in 4.2203 , insert the following clause:

Prohibition on a ByteDance Covered Application (Jun 2023)

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

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 https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-4#FAR_4_2203 https://www.acquisition.gov/far/part-52#FAR_52_107

Date: 12 October 2023 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)

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/

Clauses Incorporated by reference:

52.202-1, Definitions (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) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.209-7, Information Regarding Responsibility Matters (Oct 2018) 52.212-3, Offeror Representations and Certifications—Commercial Items May 2022 Alternate I, with its offer.

52.212-4, Contract Terms and Conditions—Commercial Items November 2021 applies to this acquisition.

52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders— Commercial Items (DEVIATION 2013-O0019) (September 2021) applies to this acquisition.

52.222-19 Child Labor – Cooperation with Authorities and Remedies (Jan 2020) 52.222-26 Equal Opportunity (Sept 2016) 52.222-50 Combatting Trafficking in Persons (Oct 2020) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-13 Restrictions on Certain Foreign Purchases 52.225-14, Inconsistency Between English Version and Translation of Contract (Feb 2000) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications.

52.229-6, Taxes -- Foreign Fixed-Price Contracts (Feb 2013) 52.229-11, Taxes on Certain Foreign Procurements-Notice and Representation (Jun 2020) 52.232-18, Availability of Funds 52.232-23 Assignment of Claims 52.232-40 Providing Accelerated Payments to Small Business subcontractors 52.233-1 Disputes 52.233-3 Protest After Award 52.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7000, Requirements Relating to Compensation of Former DOD Officials (Sep 2011) 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sept 2013) 252.203-7005, Representation relating to compensation of former DOD officials (Nov 2011) 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) https://www.acquisition.gov/ https://www.acquisition.gov/

Date: 12 October 2023

252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (Oct 2016) 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019) 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (May 2016) 252.209-7004, Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country (May 2019) 252.225-7001, Buy American and Balance of Payments Program (Dec 2017) 252.225-7041, Correspondence in English (Jun 1997) 252.225-7042, Authorization to Perform (Apr 2003) 252.225-7043, Antiterrorism/Force Protection for Defense Contractors Outside the United States (Jun 2015) 252.225-7048 Export-Controlled Items 252.225-7987 (Dev) Requirements for Contractor Personnel Performing in USSOUTHCOM Area of Responsibility (Deviation 2014-O0016) 252.229-7000, Invoices Exclusive of Taxes or Duties 252.229-7001, Tax Relief-Alternate I (Apr 2020) 252.232-7003, Electronic Submission of payment requests and receiving Reports (Dec 2018) 252.232-7009, Mandatory Payment by Governmentwide Commercial Purchase Card (May 2018) 252.232-7008, Assignment of Claims (Overseas) (Jun 1997) 252.232-7010, Levies on Contract Payments (Dec 2006) 252.233-7001, Choice of Law (Overseas) (Jun 1997) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2013) 252.243-7001, Pricing of Contract Modifications (Dec 1991) 252.243-7002, Requests for Equitable Adjustment (Dec 2012) 252.244-7000, Subcontracts for Commercial Items and Commercial Components (Oct 2020) 252.246-7000, Material Inspection and Receiving Report

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. Send protests (other than protests to the contracting officer) to:

Headquarters U.S. Army Materiel Command, Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256)450-8840 The AMC-Level protest procedures are found at:

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

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

Date: 12 October 2023

As prescribed in 232.7004 (b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six-position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

https://www.acquisition.gov/dfars/part-232-contract-financing#DFARS_232.7004 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003

Date: 12 October 2023

(iv) For performance-based payments, submit a performance-based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR)

52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data

Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Contracting Officer: SFC Emilio Silva Figueroa Email: emilio.g.silvafigueroa.mil@army.mil

Contracting Specialist: MAJ Richard Vincent Email: richard.j.vincent8.mil@army.mil

(2) Contact the WAWF helpdesk at 866-618-5988 if assistance is needed.

(End of clause)

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0490 Issue By DoDAAC W912CL Admin DoDAAC** W912CL Inspect By DoDAAC W81XG9 Service Acceptor (DoDAAC) W81XG9 mailto:emilio.g.silvafigueroa.mil@army.mil mailto:richard.j.vincent8.mil@army.mil

Date: 12 October 2023

Solicitation Date: 12 October 2023 AMD1 Close Response Date/Time/Location: No later than 19 October 2023 at 1400 (CDT)

Submit quotes via email to the 410th Contracting Support Brigade, Regional Contracting Center- Americas Points of contact: MAJ Richard Vincent, Contract Specialist, phone: (210) 221-8798, e-mail:

richard.j.vincent8.mil@army.mil or SFC Emilio Silvafigueroa, Contract Officer phone: (210) 295- 5875, e-mail: emilio.g.silvafigueroa.mil@army.mil.

United States Army South (ARSOUTH) Security Forces Assistance (SFA) Peru (PER)

Performance Work Statement (PWS) Rental Commercial Vehicles

As of 11 Oct 2023

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 Contractor shall ensure that all contractor employees and subcontractor employees are medically fit for performance of their duties.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform commercial rental vehicle services with driver as defined in this PWS except for those items specified as government furnished property (GFP) and government furnished services (GFS).

The contractor shall perform to the standards in this contract.

1.2 Background: Commercial rental vehicle services for United States Army South (ARSOUTH, also referred to herein as “the Government”) in support of SFA PER.

1.3 Objectives: The Contractor provides the Government with commercial rental vehicle services with driver.

1.4 Scope: Contractor shall provide non-personal services to the Government with commercial rental vehicle services at the locations and dates specified in Technical Exhibit 1. The contractor shall accomplish services in coordination with the Contracting Officer (KO) and the Contracting Officer Representative (COR).

1.5 Period of Performance: 1st POP – 18 Nov 2023 – 10 Dec 2023 2ndPOP – 19 Feb 2024 – 26 Mar 2024

1.6 General Information:

1.6.1 Quality Control Plan (QCP) N/A.

mailto:richard.j.vincent8.mil@army.mil mailto:emilio.g.silvafigueroa.mil@army.mil

Date: 12 October 2023

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.

1.6.3 Recognized Holidays: The Contractor shall be required to perform services on all holidays unless the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.6.4 Hours of Operation: The Contractor is responsible for conducting business between the hours of 7:00 AM to 7:00 PM Monday thru Sunday, except 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, always 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 the locations and dates specified in Technical Exhibit 1. Specifics on the location, time, place, and duration of support activities associated with US/Partner Nation(s) efforts will be kept close hold and will only be shared with personnel who have a need-to-know.

1.6.6 Type of Contract: The Government anticipates the award of a 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: N/A.

1.6.7.3 Escorts: The Contractor and all associated sub-contractor employees performing services under this contract shall be escorted at all times by host nation security personnel or by an individual designated by the Contracting Officer Representative (COR) while accessing U.S. facilities or activities. Escorts will announce the presence of any visitors prior to entering any controlled facility or workspace in order to allow personnel to safeguard sensitive or critical information against undue disclosure.

1.6.7.4 Personnel Security Clearance Requirements: Reserved

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

The successful completion of a background check by itself does not authorize the Contractor access to

Date: 12 October 2023 classified information. Documentation of these checks will be made available to the KO or COR within 15 days of contract execution. The KO and/or COR will submit information to ARSOUTH G2/OPD.

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)

• SSN or local equivalent (ID card number)

• Date of birth

• Place of birth (city, country)

• Home telephone number

• Cellular telephone number

• Email address

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 immediately within 24 hours notify the KO and COR of that information. 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: N/A.

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

Date: 12 October 2023 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, Director of Emergency Services, Security Office, or the host nation equivalent.

1.6.7.6.2. Contractor Non-CAC Eligible Requirements for DOD Facility and Installation Access: N/A.

1.6.7.7 Employment Eligibility: N/A.

1.6.7.8 Access to Government Information Systems: N/A.

1.6.7.9 Key Control: All vehicles and keys will remain at the Forward Operating Site (FOS) at the end of each day. Fuerte Hoyos Rubio, Cuartel Caceres of the 1st Multi-Purpose Brigade, Lima Peru

1.6.7.10 Lock Combinations: N/A.

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. The KO, COR, with other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Knowledge of any items that impact the unit’s ability to conduct its mission or support operations, as well as measure taken to resolve these shortcomings, will be kept close hold, and not be disseminated outside of approved need-to-know channels. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.9 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: ensure the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications;

monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinate availability of government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.10 Key Personnel: The following contractor personnel are considered key personnel by the government: The Contractor shall designate in writing a Contract Manager who has the authority to resolve issues affecting delivery, servicing, and maintenance of contracted vehicles throughout the contract period. The designated Contract Manager shall be available throughout duration of the contract between the hours of 7:00AM and 7:00PM while the contracted vehicles are in use by the Government.

The contractor shall provide the COR a letter of instruction in writing with the name and telephone number of the Contract Manager that has the authority to resolve issues aforementioned. The letter of instruction will be provided to the KO and COR seven (7) days before contract start date.

Qualifications for all key personnel are listed below:

Contract Manager: The Contract Manager shall be able to speak, read and write English.

1.6.11.1 IA/IT Training Certification: All Contractor employees and subcontractor employees supporting IA/IT functions must be certified upon contract award as directed in DoD 8570.01-M, DFARS 252.239.7001, and AR 25-2. Baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

1.6.12 Contractor employees shall identify themselves as Contractor personnel and shall avoid representing themselves as Government employees. This identification includes meeting attendance, answering Government telephones, email communications, and working in other situations where Contractor status is not obvious. Contractor personnel identification shall be easily identifiable through the display of badges, name tags, lanyards, etc.

1.6.12.1 Badging of Contractor Employees: The Contractor shall provide picture badges for all employees. While on U.S. Government/Host controlled facilities, Contractors will wear and clearly display badges. If issued Government ID/Access badges, credentials will not be worn outside of controlled facilities/locations or public locations. Contractor employees will protect and account for these credentials and immediately notify COR/KO if credentials are lost, compromised or unaccounted for.

The copying and/or reproduction of access badges by unauthorized personnel is not allowed including the posting of images on publicly viewable/accessible forums, online or social media. The use of access badges/credentials by any other individual not directly supporting the contract is not permitted.

1.6.12.2 Uniform: The Contractor shall provide a standard uniform for all Contractor and subcontractor employees performing services under this contract, and ensure they wear the uniform during appointed duty hours. The uniform may consist of the same type and color shirt and slacks for all workers.

Company logo is optional.

1.6.13 Contractor Travel: N/A.

1.6.14 Other Direct Costs (ODC): N/A.

1.6.15 Data Rights: N/A.

1.6.16. Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be adverse to the interests of the Government or others. Neither the Contractor, nor Contractor personnel, shall divulge, nor release data or information developed, or obtained under performance of this work statement, except to authorize Government personnel or upon written approval of the KO. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall apply and shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

1.6.16.1 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance of duties under this contract.

Date: 12 October 2023

1.6.16.2 Advertisement and Social Media: The Contractor shall NOT post information to public website or social media locations, personal or professional, that in any way disclose names, locations, hotel data, participants, discussions, pictures, etc. before, during or after the contract period of performance without the express consent of the Government. The use of propaganda violates DOD Commercial Use of Imagery Guidelines stated at (http://www.defenseimagery.mil/products/DODimagery/commercialuse.html). The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website, commercial broadcasts, online forums, and social media including the posting of content on accounts owned by friends, family, or associates.

1.6.16.3 INFORMATION ASSURANCE: At no time will the Contractor or associated sub-contractor employees transmit government documents or information over using methods that do not meet the security requirements specified in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations" such as personal electronic mail accounts, public digital data storage sites (cloud storage), social media platforms or instant messaging. Approved government sites such as U.S. Army Aviation and Missile Research Development and Engineering Center (ARMDEC) Safe Exchange at https://safe.amrdec.army.mil/SAFE/About.aspx, or All Partners Access Network (APAN) at https://community.apan.org/, or other transmission means determined by the government must be used.

1.6.17 Organizational Conflict of Interest (OCI): Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.18 Phase-in/Phase-Out (PIPO) Period: N/A.

1.6.19 General Training Requirements:

1.6.19.1 Anti-Terrorism (AT) Level I Training: N/A.

1.6.19.2 OPSEC Awareness: If the Contractor, or a subcontractor, or employees of either disclose any information that disrupts or harms the Government's operations or activities, then the Government retains the right to exclude any employee from performance of duties under this contract. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. By way of example, personnel shall not sketch or take photos of government facilities or activities, unless related to service to be provided. All government paper products and removable digital storage material that is received, generated, or stored during the contract will be destroyed completely when no longer needed to preclude recognition or reconstruction of information. The contractor shall immediately report any incidents of anyone attempting to obtain sensitive or proprietary information by unauthorized individual(s) and remain alert to such attempts via social engineering, phishing, or online communication. A prepublication review is required by the COR/KO prior to releasing any information related to the activities, plans and operations associated with this support. Specific details and knowledge http://www.defenseimagery.mil/products/dodimagery/commercialuse.html

Date: 12 October 2023 of the location, time and place of support activities associated with this US/Partner Nation(s) effort will be kept close hold and will only be shared with personnel who have an approved need-to-know.

1.6.19.3 Information Assurance (IA) Training: N/A.

1.6.19.4 Information Assurance (IA)/Information Technology (IT) Training: N/A.

1.6.19.5 Threat Awareness Reporting Program (TARP Training): N/A.

1.6.19.6 iWATCH Training: N/A.

1.6.19.7 OPSEC Training: N/A.

1.6.20 Overseas Training Requirements:

1.6.20.1 Antiterrorism (AT) Awareness Training for Contractor Personnel Traveling: N/A.

1.6.20.2 SERE Training: N/A.

1.6.21 Foreign (OCONUS) Requirements: N/A.

1.6.21.1 Theater and Country Clearance Requirements: N/A.

1.6.21.2 Vetting: The Contractor company and all associated sub-contractor companies, shall have been vetted by the US Embassy in the country which the contract will be performed. For the purposes of this contract, the company is considered vetted if the company is located in the country which the contract will be performed unless the company has been previously barred from performing services for the Government. If during a previous vetting process the company was barred from performing service for the Government, then that is grounds for termination of the contract. If the company is located outside of the country which the contract will be performed, the company shall be vetted by the US Embassy in the country of performance. Vetting will be coordinated through the US Embassy's DOD Security Cooperation Office (SCO) in the country of performance. If during any previous vetting process in other countries, the company is found to be barred from performing services for the Government; this finding is grounds for termination of the contract.

1.6.21.2.1 The Contractor shall provide a fully qualified workforce who possesses the training, skills, licenses, clearances, certifications, and experience to successfully perform the services required in this PWS. Contractor employees remain under the direct supervision of the contractor and will not be considered employees of the Government. All contractor personnel shall be cleared by the Regional Security Office (RSO) prior to employment and at the contractor’s expense (see Para 1.6.7.1 for more information). The contractor shall not employ any person whose employment results in a conflict of interest under DoD 5500.7-R, Joint Ethics Regulation. The contractor must demonstrate registry or other certification which authorizes the company to perform and do business in the HN country.

1.6.21.3 Installation Access to DOD Facility or Host Nation Installation: Contractor and all subcontractor employees performing services under this contract shall comply with adjudication standards and…