SOW.pdf

Bureau of International Narcotics and Law Enforcement Affairs (INL)

U.S. Embassy Mexico City

Request for Proposals/Quotes

INL/Mexico City, Mexico

Vehicles and Equipment for the Northern Border

SECTION I

SUBMISSION AND RFQ/RFP INFORMATION

INFORMATION TO CONTRACTOR

Contractors are reminded that information furnished under this Request for Proposals/Quotes (RFP/RFQ) may be subject to disclosure under the Freedom of Information Act (FOIA).

Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when Department of State (DOS) determines disclosure is warranted by FOIA.

However, if such items are not marked, all information contained within the submitted documents will be deemed releasable. This requirement is set-aside for HUBZone small businesses under NAICS Code 336111 Automobile Manufacturing with a small business size standard of 1,500 employees.

QUESTIONS CONCERNING THE REQUEST FOR PROPOSALS/QUOTES

No information will be provided in response to phone calls, with all requests submitted to the FedBid System. Questions will be accepted through 12:00 PM (local Washington D.C. time) April 27, 2018. Any communications in reference to this RFP/RFQ must cite the reference section title and page number and will be posted for all vendors to see in FedBid.

NOTICE OF RFP/RFQ CLOSING DATE AND TIME

All offers shall be submitted NLT May 9, 2018 at 12 PM DC time. No other method of quotation submission is allowed. Submissions are limited to files no more than twenty-five (25) pages.

Language descriptions of Technical Specifications are required with the submission of proposal.

CONTRACTOR RELATIONSHIPS

The Department of State (DOS) encourages the use of subcontractors. In addition, the Department requires that any potential Organization Conflict of Interest be identified in the proposal to ensure proper firewalls are established prior to award.

MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

Contractors shall not submit, nor shall the Government accept or evaluate, multiple proposals offering alternative solutions. Contractors shall not submit, nor will the Government accept or evaluate, multiple solutions within one proposal.

SECTION II

STATEMENT OF WORK

1.0. GENERAL

The mission of the Bureau of International Narcotics and Law Enforcement Affairs (INL) is to minimize the impact of international crime and illegal drugs on the United States and its citizens by providing sustainable foreign assistance and fostering long-term global cooperation.

2.0. BACKGROUND OF THE PROJECT

The Federal Police (Policia Federal or PF), under the Ministry of Interior (SEGOB), is one of the Mexican law enforcement agencies responsible for enforcement and security of the borders. The PF conduct “mirrored patrols” on the Mexican side of the border alongside their U.S. Border Patrol (CBP) counterparts on the U.S. side of the border. The PF directly combat human trafficking and smuggling along their northern border, attempting to mitigate illegal transit of persons and contraband/drugs to the United States.

The U.S. Department of State International Narcotics and Law Enforcement Affairs (INL) Mexico City is committed to assisting the Mexican Government (GoM) in its efforts by providing equipment and technology to Mexico’s security institutions through the Merida Initiative, a comprehensive security cooperation agreement. These donations assist Mexico in achieving its strategic objectives to combat illegal migration and strengthen the bilateral security relationship. The vehicles being procured through this SOW will be donated to the PF.

3.0. OBJECTIVE

The objective of this acquisition contract is to provide the Mexican PF the vehicles, tools, and equipment to enable them to conduct joint operations with the U.S. CBP. The CBP has similar equipment which allows them to patrol deep into the desert where Transnational Criminal Organizations (TCO) operate, smuggling drugs, contraband, and persons attempting to gain illegal entry into the U.S. via clandestine and dangerous routes.

4.0. SCOPE

The scope of this project is to acquire vehicles, corresponding equipment and related items for donation to the Policia Federal.

5.0 REQUIREMENTS AND TECHNICAL SPECIFICATIONS

See Annex A

6.0 PERIOD OF PERFORMANCE AND DELIVERY DATE

The equipment must be delivered within 120 days of signed PO.

7.0 DELIVERABLES

7.1 Reports

See the list of plans and reports provided in Annex A and specific information provided in Section 9.1.

7.2 Equipment

Refer to the equipment list attached in Annex A.

7.3 Documentation

See Sections 8.2 and 8.3 and Annex A for documentation requirements.

8.0 PERFORMANCE REQUIREMENTS

8.1 Delivery

Direct delivery must not take place until the State Department’s International Narcotics and Law Enforcement Logistics office confirms that the GOM is ready to receive the equipment/goods. If receiving permission is needed prior to delivery, INL logistics will coordinate with the selected contractor. In this case, the contractor must hold and store the equipment/goods until delivery to the end user is scheduled. Equipment shall be delivered at the following two locations as per indicated on chart below:

COORDINACIÓN ESTATAL NUEVO LEÓN

Carretera N°85 México Laredo, Col. Nueva Castilla C.P. 6605 General Escobedo Nuevo León.

Teléfono: 01818-3439742 Conmutador: (0155) 1103-6000 Ext: Cisco: 39319.

COORDINACIÓN ESTATAL SONORA

Boulevard García Morales 243 Col. El Llano, C.P. 83210, Hermosillo, Son.

Teléfono: 01662-168150 Conmutador: (0155) 1103-6000 Ext: Cisco: 42700

VEHICLES

COORDINACION

ESTATAL SONORA

COORDINACION

ESTATAL NUEVO LEON

PICK UP 25 19

RAZER 17 7

ATV 28 20

REMOLQUE 7 5

TOTAL 77 51

8.2 Project Documentation

The selected contractor must provide complete documentation for all equipment delivered under this project including, but not limited to: OEM documentation, warranty, guarantee, software installation manual (if appropriate), post-installation support information, and contact information. All documentation must be in Spanish and English unless otherwise noted.

8.3 Bill of Materials (BOM)

The selected contractor must provide a detailed BOM to be verified and ratified with INL’s Contracting Officer’s Representative (COR) at least 15 calendar days before equipment transportation. The selected contractor must provide an all-inclusive BOM organized by equipment associated with this project. The BOM must include, but is not limited to: costs, quantity, description, specifications, port of entry, broker fees, transportation, and any other information that will assist with expediting the free entry permit process.

8.4 Equipment Delivery

A direct shipment of the items to the GoM-specified locations (possibly multiple locations within Mexico) identified in Section 12.0 is required. Interim secure storage may be required prior to shipping of the equipment to a designated facility, as instructed by INL. This interim storage may last up to 4 months.

When the equipment is delivered, contractor must provide the respective facilities and COR with a complete inventory of all items delivered, identified by product name, location at the respective facilities (if multiple locations) and serial number.

8.5 Change Management

The selected contractor must prepare a form to control all requests for changes that occur during the execution of this project. This form must be presented during the kickoff meeting and reviewed at the weekly meetings (see section Weekly Project Report). All changes must be approved by the CO.

8.6 Project Close-out

The selected contractor must prepare a final project report to include all necessary information concerning the equipment delivered. The selected contractor must conduct a close-out briefing with the COR, INL, GoM representative, and the Government Technical Monitor (GTM) at the conclusion of the project (either one-to-one or as a group). At this close-out meeting, the contractor must present a project completion certification report to be signed by the COR and

GTM.

9.0 PROJECT MANAGEMENT

The selected contractor must provide project management services to ensure all services are accomplished in accordance with the requirements of this SOW.

9.1 Weekly Project Report

The selected contractor must provide electronic weekly project reports on activities completed, pending action items, and activities planned for the following week on each Friday (or, if a U.S.

or Mexican Holiday, on Thursday) during the duration of the project. The Weekly Project Report must be structured in such a way to permit cross-reference to the SOW and the selected contractor’s technical proposal, and must include at the minimum the following sections:

1. Document Control Section. Must include document number, contract number, purchase order number, date, and project name.

2. Report Details. Preparer, delivery date, and distribution list.

3. Directory of Project Stakeholders. Must include name, phone number, agency, e-mail address, and title.

4. Activity Tracking. Must include a milestone chart of current and projected activities; and status.

5. Technical Progress Section. This section must compare actual to planned performance and indicates the progress made in accomplishing each contract task. The report must include relevant details for assessing the status of performance, such as a brief, factual summary description of the technical progress made. The section must identify any unforeseen technical difficulties which may threaten on-time completion of the project.

The section must indicate the specific task that is not progressing according to plan, the reasons for the difficulty, and specific recommendations for remedial action.

6. Travel Section. Must include travel plan, status, and required dependencies with communication planning section (e.g., travel plan must be coordinated with the COR and GoM before action is taken). Must define dates, location, and personnel traveling.

7. Invoice Notification. Must include a notification of invoice submission, which must include at a minimum the invoice amount, invoice number, and date.

8. Communication Section. Merida Initiative projects require timely communication and approvals between selected contractor, COR, Contracting Officer (CO), and GoM. The selected contractor must include a communication section, which must specify the required communication, notification, or approval, the required approval request date, and pertinent documentation.

10.0 QUALITY CONTROL PLAN

The contractor must establish a quality control plan and submit it as a part of its proposal. The selected contractor must implement and adhere to the approved quality control plan when the Project performance begins and throughout the performance period. The contractor must provide the CO with updates to the quality control plan as changes occur.

At a minimum, the quality control plan must include the following:

• An inspection system covering all equipment required by the contract. It must specify the equipment to be inspected on both a scheduled and unscheduled basis, how often inspections will be accomplished, and the tasks of the individuals who will perform the inspections.

• A method of identifying deficiencies in the quality of services of the equipment installed or any problem with the equipment itself.

• A method of documenting and enforcing quality control operations.

• A customer complaint program. The program must include:

o A method for customers to report complaints, deficiencies, and noncompliance with the terms and conditions of the contract.

o The medium chosen by the selected contractor to provide information about the customer complaint program. This medium must be easily accessed.

o A description of how the selected contractor must promptly investigate any customer complaint and respond to the customer. The selected contractor must forward a monthly synopsis of complaints received and actions taken to the COR not later than five business days after the end of each month.

• Quality Control Records. Records of all inspections conducted by the selected contractor and necessary corrective actions taken must be maintained by the selected contractor.

The selected contractor must make these documents available to the USG throughout the term of this contract.

The preceding is part of the Quality Assurance and Surveillance Plan (QASP) and is designed to provide an effective surveillance method to promote effective selected contractor performance.

The QASP provides a method for the COR to monitor selected contractor performance and advise the CO of unsatisfactory performance. The selected contractor, not the USG or GoM, is responsible for management and quality control to meet the terms of the contract. The role of the USG/GOM is to conduct quality assurance to ensure that contract standards are achieved.

10.1 Surveillance

The COR will receive and document all complaints from customers and GoM personnel regarding the services provided. If appropriate, the COR will send the complaints to the CO for transmittal to the selected contractor for corrective action.

10.2 Standard

The performance standard is the COR receiving no more than one customer complaint per month. The COR must notify the CO of the complaint(s) so the CO is able to take appropriate action to enforce the applicable Inspection clause.

10.3 Complaints

If equipment is defective or does not meet the requirements is observed, the observer must immediately contact the COR. The COR will complete appropriate documentation to record the complaint.

If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

If the COR determines the complaint is valid, the COR will inform the CO. The CO will inform the selected contractor and give the selected contractor additional time to correct the defect, if additional time is available. The CO must determine how much time is reasonable.

The CO must, at a minimum, notify the selected contractor by email of any valid complaints.

If the selected contractor disagrees with the complaint and challenges the validity of the complaint, the selected contractor must notify the CO. The CO will review the matter to determine the validity of the complaint.

The CO will consider complaints as resolved unless notified otherwise by the complainant.

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

If the selected contractor fails to meet the performance standard, the INL reserves the right to take action under the Inspection clause.

11.0 VAT RECLAMATION

The selected contractor must follow the invoicing procedures established by INL to allow the US Embassy Mexico to reclaim the IVA/VAT taxes charged. All importation taxes and duties reclamation that are generated when selected contractor direct deliveries to any State within the Mexican States from the United States either by the prime or a subcontractor must be itemized in all invoices. All purchases made in Mexico are subject to Value Added Tax (VAT) and must be paid by the selected contractor. VAT or “IVA” as it is known in Mexico must be itemized in all invoices. Before the selected contractor may impose and collect VAT on its “tax-relief invoices,” the selected contractor is required to obtain a VAT Registration Identification Number from the Secretaria de Hacienda y Crédito Público (aka Hacienda). The selected contractor must provide the necessary invoicing to enable the USG to obtain reimbursement for VAT and all importation taxes and duties. This tax relief benefit is extended only to the USG – not the contractor – as a diplomatic privilege. The current tax-relief invoicing requirements are outlined in the paragraphs below. Notwithstanding any other provisions of this contract, in the event the GoM revises the requirements, the selected contractor must follow the new requirements as soon as the selected contractor is notified in writing of the new requirements by the CO.

The selected contractor is responsible for providing the following list of items on every “tax-relief” invoice presented to the USG for payments associated with the in-country purchases of goods, materials or services required to perform this contract. Every invoice the selected contractor delivers to the USG must be an original. The failure of the selected contractor to follow these procedures will result in the USG’s inability to secure tax relief on this project, resulting in reimbursement being denied to the selected contractor. Invoices for the in-country purchases described above must not include other charges, such as “work completed” or design costs. Such invoices must list separately or collectively the pre-tax price of any supplies or services provided in country. As is required by local authorities, the selected contractor must impose the appropriate tax rate against the pre-tax total of the purchases represented on the tax-relief invoice. The selected contractor must submit the invoices associated with such purchases as supporting documentation for its in-country payment request. The USG will only compensate the selected contractor for the tax amount provided on such invoices. Excluded from reimbursement: VAT on items such as selected contractor personnel housing, personal vehicles, utilities, phone charges, per diem, etc.

The selected contractor’s tax-relief invoices must provide the following:

• Selected contractor’s name and address.

• Selected contractor’s Federal Tax Registry Number (RFC) (aka Certificate of Fiscal Identification).

• Photo image of Federal Tax Registry card (aka Certificate of Fiscal Identification) on the invoice.

• Invoice number and complete transaction date (month, day, and year). Also, needed is the date and place of issue (lugar y fecha de expedicion). The two dates must be the same.

• Required Legal wording dealing with the illegal reproduction of the document. The printing company information must Annex the date of printing and official authorization number.

• Customer name - “U.S. Embassy Mexico City”

• Embassy current address:

Embajada de los Estados Unidos Avenida Paseo de la Reforma No 305 Colonia Cuauhtémoc 06500, Mexico D. F.

• U.S. Embassy R.F.C. Number: EEU930201289

• Quantity and description of acquired services or merchandise.

• All pricing/totals must be listed in both Mexican Pesos and U.S. Dollars.

• (If applicable) The number and date of customs import documents associated with all sales of imported merchandise.

• Invoice must say “FACTURA.” All invoices (“FACTURAS”) must be presented to the Embassy/COR as an original. If the invoice in not complete, the final amount to be reimbursed will be reduced by Hacienda.

The tax-relief invoice must be written in English and Spanish versions and all pricing must be in both Mexican Pesos and US Dollars solely for the purpose of tax relief. This contract is priced and paid only in U.S. dollars.

The requirements above apply to all supplies and services purchased in Mexico that are provided to the USG as part of this contract. All IVA documentation must be submitted to the COR for approval and submission to Hacienda on a monthly basis.

All electronic invoices must be submitted to DOSpayments@state.gov with a copy CCed to the

INL COR.

12.0 DELIVERY/ LICENSES FOR IMPORTATION

The selected contractor must consider that INL Mexico operations are not commercial.

Therefore, at no time or under any circumstance is INL Mexico involved in the importation process or act as the importer or consignee. INL Mexico will not provide anyone to help with nor sign any document related to the importation process.

The locations that the equipment must be delivered to in Mexico are:

COORDINACIÓN ESTATAL NUEVO LEÓN

Carretera N°85 México Laredo, Col. Nueva Castilla C.P. 6605 General Escobedo Nuevo León.

Teléfono: 01818-3439742 Conmutador: (0155) 1103-6000 Ext: Cisco: 39319.

COORDINACIÓN ESTATAL SONORA

Boulevard García Morales 243 Col. El Llano, C.P. 83210, Hermosillo, Son.

Teléfono: 01662-168150 Conmutador: (0155) 1103-6000 Ext: Cisco: 42700

Delivery Information:

• All equipment MUST be first be received by INL Mexico Logistics.

• A Technical/Data sheet of all imported products must be sent to INL Logistics (mexicocityinllogistics@state.gov) two (2) weeks prior to delivery to INL warehouse or end user location.

13.0 SPECIAL REQUIREMENTS AND CONSTRAINTS

The selected contractor and all subcontractors must sign a Non-Disclosure Agreement (NDA) with the GoM to protect the information and equipment.

14.0 WARRANTY

This project requires the selected contractor to provide full warranty coverage for a period of Three (3) years or 60,000 KM for the Pickup trucks and one (1) year for all other vehicles (ATV, UTV and Trailers) or greater if provided by the manufacturer. The selected contractor must provide shipping in both directions (from PF to the company for repair and back to PF facilities) for broken or non-functioning equipment (RMA - return merchandise authorization). (Note: The warranty period starts only after the equipment is delivered to PF).

This warranty must be valid in Mexico where the equipment will be deployed. Warranty support via telephone must be in Spanish and on either a Mexican or toll-free international telephone number. The support number must be attached to each piece of equipment listing all needed information to provide technical support. The selected contractor’s documentation must include an explanation of coverage, the process to obtain warranty service, service support, and all applicable contact information. This information must be presented to PF and must be written in Spanish. Each piece of equipment with the respective support numbers listing all information needed for support must also be included in this documentation. All equipment must be new

(OEM).

15.0 TYPE OF CONTRACT

This is a firm-fixed price contract with optional quantities. No price will be paid above the agreed-upon price in the selected contractor’s price proposal, for the cost of preparation of a proposal, any protest resulting from this solicitation or for any cost overruns incurred as part of the contract.

16.0 OTHER REQUIREMENTS

Proof of DBA Insurance must be provided by the contractor for all employees for whom DBA Insurance requirements apply. The apparently successful offeror must be certified as a HUBZone Small Business business both at the time of submitting its proposal and at the time of contract award. Submission of a quote is a vendor’s certification it meets all applicable standards, statutes and contractual requirements of this solicitation.

SECTION III

TECHNICAL EVALUATION FACTORS

Award may be made to the contractor submitting the lowest priced technically acceptable quote.

The Government intends to award based on initial quotes without clarifications, unless deemed necessary by the Contracting Officer. Evaluation Factors will be judged on a pass/fail basis. A “fail” score on any of the evaluation factors will result in an unacceptable rating for the entire proposal.

EVALUATION FACTORS:

Factor 1: Technical Capability An offeror and any subcontractors must submit a proposal meeting or exceeding all requirements and specifications from the RFQ.

Factor 2: Past Performance An offeror and any subcontractors must have a proven history of performing contracts of a similar size and scope. The offeror and any subcontractors must also have demonstrated experience of delivering equipment within Mexico. If no past performance exists, the offeror will be given a “neutral” rating.

Factor 3: Price An offeror’s proposed price will be determined by the pricelist submitted by each offeror. Price must be determined fair and reasonable for award to be made, regardless of if the lowest priced offeror is found technically acceptable.

SECTION IV

CONTRACT CLAUSES

ALL PROVISIONS/CLAUSES REQUIRED BY STATUTE AND OMITTED ARE ALSO

INCORPORATED BY REFERENCE.

CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE:

52.203-3 --Gratuities (Apr 1984) 52.203-6 – Restrictions on Subcontractor Sales to the Government (Sep 2006) with Alternate I (Oct 1995) 52.203-17 --Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-10 -- Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) 52.204-13 -- System for Award Management Maintenance (Jul 2013) 52.204-15 – Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) 52.204-22 – Alternative Line Item Proposal (Jan 2017) 52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations --Representations (May 2011) 52.209-6 -- Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-7 – Information Regarding Responsibility Matters (Jul 2013) 52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters 52.209-10 -- Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.211-6 – Brand Name or Equal (Aug 1999) 52.212-1 – Instructions to Offerors – Commercial Items (Jan 2017) 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Jan 2017) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders

- Commercial Items (Jan 2017) 52.219-13 – Notice of Set-Aside of Orders (Nov 2011) 52.222-19 -- Child Labor – Cooperation with Authorities and Remedies (Jan 2014) 52.222-21 -- Prohibition of Segregated Facilities (Apr 2015) 52.222-26 -- Equal Opportunity (Apr 2015) 52.222-35 – Equal Opportunity for Veterans (Oct 2015) 52.222-36 – Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 – Employment Reports on Veterans (Oct 2015) 52.222-50 -- Combating Trafficking in Persons (Mar 2015) 52.222-53 -- Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services— Requirements (May 2014) 52.222-56 -- Trafficking in Persons Certification by Apparently Successful Offeror 52.223-16 –Acquisition of EPEAT-Registered Personal Computer Products (Oct 2015) 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-13 -- Restrictions on Certain Foreign Purchases (Jun 2008) 52.228-3 – Worker’s Compensation Insurance (Defense Base Act) (Jul 2014) 52.232-18 -- Availability of Funds (Apr 1984)

52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Oct 2015) 52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-33 – Payment by Electronic Funds Transfer – System for Award Management (Jul 2013) 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-3 -- Protest After Award (Aug 1996) 52.233-4 -- Applicable Law for Breach of Contract Claim (Oct 2004) 52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-2 -- Clauses Incorporated by Reference (Feb 1998) 52.252-3 – Alterations in Solicitation (Apr 1984) 52.252-4 -- Alterations in Solicitation (Apr 1984) 52.252-5 – Authorized Deviations in Provisions (Apr 1984) 52.252-6 -- Authorized Deviations in Clauses (Apr 1984) 652.225-71-- Section 8(a) of the Export Administration Act of 1979, as Amended (AUG 1999) 652.229-70 -- Excise Tax Exemption Statement for Contractors Within the United States (JUL 1988) 652.229-71-- Personal Property Disposition at Posts Abroad (Aug 1999) 652.232-70 -- Payment Schedule and Invoice Submission (Fixed-Price) (AUG 1999) 652.243-70 -- Notices (AUG 1999) 652.247-70-- Notice of Shipments (FEB 2015) 652.247-71-- Shipping instructions (FEB 2015)

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)

(a) Definitions. As used in this provision–

“Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the

Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United

States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE

(NCAGE) code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a

Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”)

Predecessor legal name: _________________________

(Do not use a “doing business as” name)

52.212-2 Evaluation—Commercial Items.

Evaluation—Commercial Items (Oct 2014) Please refer to Section 3 of this RFQ for all relevant evaluation criteria.

52.212-3 – Offeror Representations and Certifications – Commercial Items (Nov 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management

(SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs)

1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment

Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and

Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets

Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education;

or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on

Government contracts, and qualified as a small business under the criteria in 13 CFR Part

121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United

States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR

124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;

and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United

States.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the

SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

52.217-5 Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.217-6 – Option for Increased Quantity (Mar 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within one year from date of award. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

52.217-7 -- Option for Increased Quantity -- Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within one year from date of award.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.217-8 -- Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract’s end date.

52.217-9 -- Option to Extend the term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor provided that the Government gives the Contractor a preliminary written notice of its intent to extend 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 5 years.

52.233-2 Service of Protest

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from John Malloy.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.222-56 -- Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015)

(a) The term “commercially available off-the-shelf (COTS) item,” is defined in the clause of this solicitation entitled “Combating Trafficking in Persons” (FAR clause 52.222-50).

(b) The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that -

(1) Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to be performed outside the United States; and

(2) Has an estimated value that exceeds $500,000.

(c) The certification shall state that -

(1) It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited activities identified at paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons; and

(2) After having conducted due diligence, either -

(i) To the best of the Offeror's knowledge and belief, neither it nor any of its proposed agents, subcontractors, or their agents is engaged in any such activities; or

(ii) If abuses relating to any of the prohibited activities identified in 52.222-50(b) have been found, the Offeror or proposed subcontractor has taken the appropriate remedial and referral actions.

52.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE)

(AUG 1999)

(a) General. The Government shall pay the contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract.

Travel will be reimbursed as detailed separately in the contract.

(b) Invoice Submission. The contractor shall submit invoices in an original and two copies to the office identified in Block 18(a) of the SF-1449. Additionally, one copy of the invoice shall be provided to the Contracting Officer (KaraAM2@state.gov). To constitute a proper invoice, the invoice shall include all the items required by FAR 52.212-4(g). Multiple payments are authorized under this contract and per Contracting Officer, or his designated representative’s certification of approval. The payment office for this contract is established in Block 18(a) of the SF-1449.

(c) Contractor Remittance Address. The Government will make payment to the contractor’s address stated on the cover page of this contract, unless a separate remittance address is shown below:

(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):

http://farsite.hill.af.mil/

52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This contract 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. In addition, the full text of a clause may be accessed electronically at this/these address (ES): http://farsite.hill.af.mil/ (End of Clause)

DEPARTMENT OF STATE ACQUISITION REGULATION (DOSAR) CLAUSES

INCORPORATED IN FULL TEXT:

652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979,

AS AMENDED (AUG 1999)

(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C.

2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:

(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli business concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;

(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person;

(3) Furnishing information with respect to the race, religion, or national origin of any U.S.

person or of any owner, officer, director, or employee of such U.S. person;

(4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel;

(5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and,

(6) Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement against doing business with the State of Israel.

(b) Under Section 8(a), the following types of activities are not forbidden “compliance with the boycott”, and are therefore exempted from Section 8(a)'s prohibitions listed in paragraphs (a)(1)-

(6) above:

(1) Complying or agreeing to comply with requirements:

(i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or,

(ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;

(2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar…