Statement_of_Work.pdf

Bureau of International Narcotics and Law Enforcement Affairs (INL)

INL-MEXICO CITY, MEXICO

Acquisition of Three Hundred Drones, Extra Components, and Training

SECTION I

SUBMISSION AND RFQ INFORMATION

1 INFORMATION TO CONTRACTOR

Contractors are reminded information furnished under this Request for Quotes (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 solicitation is set-aside for total small-business under NAICS Code 336411 Aircraft Manufacturing with a small business size standard of 1500 employees.

2 QUESTIONS CONCERNING THE RFQ

Offerors are warned against contacting any INL personnel and shall work through the FedBid system. If contact occurs and is found to be prejudicial to competing vendors, the vendor making the contact may be excluded from award consideration.

3 NOTICE OF RFQ CLOSING DATE AND TIME

Quotes must be submitted NLT 12:00 PM (Washington D.C. time) on May 1, 2018. 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 proposal submission.

4 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 established prior to award.

5 MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

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

6 PERIOD OF ACCEPTANCE OF OFFERS

If the proposal is accepted, contractors shall agree to deliver all required items within 180 calendar days from the date specified in the solicitation for receipt of proposals, to furnish any or all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified.

SECTION II

STATEMENT OF WORK

1 General

The Bureau of International Narcotics and Law Enforcement Affairs (INL) leads the Department of State’s anticrime and counter-narcotics efforts. INL’s mission is to minimize the impact of international crime and illegal drugs on the United States, its citizens, and partner nations by providing effective foreign assistance and fostering global cooperation. INL supports our partner nations to stabilize and strengthen security institutions to build a global security capacity for combating drug trafficking and other transnational crimes. INL also provides assistance to strengthen justice sector institutions, which fosters promotion of good governance and respect for human rights.

2 Project Overview INL is seeking a contractor (the Contractor) for the acquisition of three hundred (300) drones, combo components, two (2) extra batteries per drone and training courses to support a joint effort between INL, United Nations Office on Drugs and Crime (UNODC) and Government of Mexico (GOM) against transnational crime. The Contractor must be able to deliver two hundred and eighty (280) drones, combo components, and extra batteries in Mexico City, Mexico, within fourteen (14) calendar days after contract award. The remaining twenty (20) drones, combo components, and extra batteries can be delivered in Mexico City, Mexico, within thirty (30) calendar days after contract award. The Contractor must also provide operational use and maintenance “train the trainer” training on the drones in Mexico City, Mexico, for a maximum of fifty (50) GOM participants. The training must be conducted in Spanish with Spanish speaking instructors (not using translators).

3 Scope The scope of this project is to acquire drones and training for INL Mexico.

4 Objectives The objective of this project is to purchase 300 drones, combo components, extra batteries, and training courses. Table 1 provides details about the specific needs addressed in this SOW.

Table 1: SOW Details Purchase Purchase 300 drones, combo components, and two extra batteries per drone per specifications outlined in Section 4 Deliver Deliver 280 drones, combo components, and two extra batteries per drone in Mexico City within 14 calendar days after contract award. Deliver remaining 20 drones, combo components, and two extra batteries per drone in Mexico City within 30 calendar days after contract award.

Train Provide Spanish speaking instructors for Spanish language “train the trainer” training on drone use and maintenance for maximum of 50 GOM participants within six months after contract award.

5 Requirements

5.1 Equipment Specification Requirements

All 300 drones must be new and exactly meet or exceed the requirements for a DJI Mavic Pro Platinum drone or equal. The requirements for the drone, combo components, extra batteries and training requirements are outlined below.

5.2 Drone Specification Requirements

The specifications for the 300 drones must meet or exceed the following:

Drone with 4K Stabilized Camera by a 3-axis mechanical gimbal with collapsible drone rotor arms.

Portable and tool free for propeller transformation.

24 high-performance computing cores Transmission system with a 4.3 mile (7km) control range 5 vision sensors: forward and downward vision sensor.

Flight time: 30 minutes

12.35 megapixel camera with FOV 78.8° 26 mm lens Lenses: FOV 78.8° 28mm (35mm format equivalent) f/2.2 Distortion <1.5% Focus from 0.5m to ∞ ISO Range:100-3200 (video) / 100-1600 (photo) Image Size: 4000x3000 Ability to sense obstacles at least 49 ft. (15m) away.

WI-FI with operating frequency of 2.4G/5G and a maximum transmission distance of 80m distance

50m height.

Charger Voltage: 13.05 V Operating Frequency: 2.4 GHz to 2.483 GHz Maximum Weight: 5 Lbs. or 240g Dimensions folded H83mm x W83mm x L198mm Intelligent flight battery and gimbal cover included Max flight speed 40 mph (65 kph) or higher Noise control: up to 4dB Max Total Travel Distance: 9.3 mi (15 km) or further App/Live View: Latency: 160-170ms.

Required Operating System: iOS 9.0 or later or Android 4.1.2 or later

5.3. Combo Components Specifications

Each of the 300 drones must also include the following combo components. Combo components must be new and contain:

1 remote control 1 charger 1 power cable 10 extra propellers 1 gimbal clamp 1 Micro SD card (16 GB) 1 micro USB cable 3 RC cables 4 RC cable sliders 1 set of users manuals

2 extra batteries 1 battery charging hub 1 car charger 1 battery to power bank adaptor 1 shoulder bag to store the drone

5.4 Additional Battery Requirements

Each of the 300 drones must include two (2) additional batteries (600 additional batteries total). The batteries must have the following specifications:

30-min flight time or longer View battery status via an application Self-discharge protection Over-charge and discharge protection Capacity: 3830 mAh Voltage: 11.4 V Battery Type: LiPo 3S Energy: 43.6 Wh Net Weight: 0.5 lbs (240g)

5.5 “Train the Trainer” Training Course Requirements The Contractor must provide five (5) “train the trainer” training courses for a maximum of fifty (50) GOM participants. Each course must consist of a four (4) hour training block for ten (10) GOM participants.

Training courses must include instructions on the use and maintenance of the drones. An outdoor hands-on training session must be part of the training curriculum and the assumption should be that all participants have no previous experience with drone technology, use, or maintenance. The Contractor must provide two

(2) Spanish speaking instructors for each training block as each course must be conducted in Spanish.

Using translators to conduct the training is not permitted. The training courses will take place in Mexico City, Mexico, and the Contractor must make all travel arrangements for their instructors. Instructor travel expenses must be covered by the Contractor and included in the cost proposal and cannot exceed published DSSR rates for per diem and M&IE. INL Mexico will not assist in any way with travel arrangements for the Contractor’s instructors. After each course, the Contractor must provide INL Mexico with a report certifying how many participants completed the course and confirming successful conclusion of each course. The training completion certifications must be submitted to INL Mexico five business days after the completion of each training course.

6 Training Training courses must take place in Mexico City, Mexico. The exact location will be specified after contract award. The Contractor is responsible for making travel arrangements for the instructors to teach the five courses on drone use and maintenance.

7 Period of Performance The period of performance for direct delivering 280 drones, combo components, and extra batteries to Mexico City, Mexico is 14 calendar days after contract award.

The period of performance for direct delivering the balance of 20 drones, combo components, and extra batteries to Mexico City, Mexico is 30 calendar days after contract award.

The period of performance for completing the required five “train the trainer” training courses in Mexico City, Mexico is six months after contract award.

A kick-off teleconference call must be coordinated by the Contractor with INL Mexico within two business days of contract award.

8 Deliverables Required deliverables are summarized in Table 2. All reports must be in English. Warranty must be applicable in Mexico.

Table 2: Required Deliverables

Due Date

Frequency Distribution

D01 – Kick-off call No later than two business days after contract award

Once INL COR

D02 – Project Management Plan

No later than 3 business days after contract award

Once INL COR

D03 – Delivery of 280 drones and combo components

No later than 14 calendar days after contract award

Once INL COR

D04 – Delivery of final 20 drones and combo components

No later than 30 calendar days after contract award

Once INL COR

D05 – “Train the Trainer” Training Courses

No later than six months after contract award

Five course with a training completion certificate to be submitted five business days after each course iteration

INL COR

D03 – Closeout Report Within 7 days of project completion (six months + 7 days)

Once INL COR

D04 –Warranty and Maintenance

Manufacturer maintenance warranty must be applicable for a total of twelve (12) months in Mexico from the time INL Mexico takes delivery of equipment (14 calendar days + 12 months and 30 calendar days + 12 months).

12 months after INL Mexico takes delivery of equipment

INL COR

9 Performance Requirements

9.1 Language Capabilities

Instructors teaching the “train the trainer” courses outlined in this project must speak, read, and write in Spanish (minimum proficiency level 3+/3+/3+). Please refer to https://careers.state.gov/gateway/lang_prof_def.html.

9.2 Project Management Plan

The Contractor must provide a PMP detailing all planned activities during the period of performance. The PMP must be provided no later than three business days after receipt of contract award. A kick-off call must be coordinated by the Contractor and held within two business days of contract award.

9.3 Closeout Report

The Contractor must provide a final report summarizing all activities, including removal and proper disposal of all debris.

9.4 Warranty and Maintenance

The Contractor must provide a warranty, applicable in Mexico, guaranteeing all equipment for a period of 12 months from the time INL Mexico takes possession of the equipment. In the event INL Mexico detects degradation or damage of any equipment the Contractor, at no additional cost, must replace or repair the affected equipment within 10 business days.

10 Warranty Support To guarantee long term warranty support in Mexico, the Contractor must have a local presence in Mexico and be able to provide warranty support, as needed.

11 Quality Assurance

11.1 Quality Assurance and Surveillance Plan (QASP)

The QASP is designed to provide an effective surveillance method to promote effective Contractor performance. The QASP provides a method for the COR to monitor Contractor performance and advise the CO of unsatisfactory performance. The Contractor, not the GoM, is responsible for management and quality control to meet the terms of the contract. INL Mexico will conduct quality assurance to ensure contract standards are achieved. Table 3 summarizes performance standards by which the Contractor will be evaluated.

Table 3: Performance Standards Performance Objective

Standard and Acceptable Quality Level (Maximum allowable deviation)

Incentive/ Disincentive

Calculation

Performs all services set forth in the

SOW.

All required work is properly performed, and no more than one customer complaint is received per week.

Positive incentive:

High rating in CPARS, if applicable Negative incentive: Low rating in CPARS, if applicable;

Performance:

number of valid written complaints during the month.

11.2 Quality Control Plan

The Contractor must establish a Quality Control Program/Plan to be submitted as a part of its proposal.

The Contractor must implement and adhere to the approved Quality Control Program/Plan when performance begins, and throughout the performance period. The Contractor must provide the CO updates to its Quality Control Program/Plan as changes occur.

Content of the Quality Control Program/Plan At a minimum, the Quality Control Program/Plan must include the following:

A method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

A method of documenting and enforcing quality control operations.

A customer complaint program. The program must include:

A way for customers to report complaints, deficiencies, and noncompliance with the terms and conditions of the contract. The medium chosen by the Contractor must be easily assessed. Adequate publicity must be given so customers are readily able to contact this Contractor.

A description of how the Contractor will promptly investigate any customer complaint and respond to the customer. This 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 Contractor and necessary corrective actions taken must be maintained by this Contractor. The Contractor must make these documents available to the Government throughout the term of the contract.

11.3 Surveillance

The COR will receive and document all complaints from INL Mexico personnel regarding the services provided by the Contractor. If appropriate, the COR will send the complaints to the CO for transmittal to this Contractor for corrective action.

11.4 Standard

The performance standard is the Government receiving no more than one customer complaint per month.

The COR must notify the CO of the complaints so the CO is able to take appropriate action if any of the services do not meet the standard. The Contractor is responsible for the conduct, professionalism, and performance of any and all employees associated with the execution of this contract.

11.5 Procedures

If INL Mexico personnel observe unacceptable services, including incomplete work or required services not being performed, they should immediately contact the COR or INL Mexico.

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 then inform the Contractor and give Contractor additional time to correct the defect, if additional time is available. The CO determines how much time is reasonable.

The CO must, as a minimum, notify the Contractor by email of any valid complaints.

If Contractor disagrees with the complaint and challenges its validity, Contractor must notify the CO. The CO will review the matter to determine validity. 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.

If the Contractor fails to meet the performance standard, the U.S. Government reserves the right to take action, including a deduction from any invoice.

12 VAT and Importation Taxes/Duties Reclamation The Contractor must follow the invoicing procedures established by INL to allow the US Embassy Mexico to reclaim the Value Added Tax (IVA)/VAT taxes charged. All importation taxes and duties reclamation that are generated when the Contractor directs deliveries to any State within the Mexican States from the United States must be itemized in all invoices. All purchases made in Mexico are subject to VAT and must be paid by the Contractor. VAT or “IVA” as it is known in Mexico must be itemized in all invoices. Before the Contractor may impose and collect VAT on its “tax-relief invoices,” the Contractor is required to obtain a VAT Registration Identification Number from the Secretaria de Hacienda y Crédito Público (aka Hacienda). The Contractor will provide the necessary invoicing to enable the U.S. Government to obtain reimbursement for VAT and all importation taxes and duties. This tax relief benefit is extended only to the U.S. Government – not the Contractor – a 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 Contractor must follow the new requirements as soon as the Contractor is notified in writing of the new requirements by the CO.

The Contractor is responsible for providing the following list of items on every “tax-relief” invoice presented to the U.S. Government for payments associated with the in-country purchases of goods, materials or services required to perform this contract. Every invoice the Contractor delivers to the U.S.

Government must be an original. The failure of the Contractor to follow these procedures will result in the U.S. Government’s inability to secure tax relief on this project, resulting in reimbursement being denied to the Contractor. Invoices for the in-country purchases described previously 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 Contractor must impose the appropriate tax rate against the pre-tax total of the purchases represented on the tax-relief invoice. The Contractor must submit the invoices associated with such purchases as supporting documentation for its in-country payment request. The U.S. Government will only compensate the Contractor for the tax amount provided on such invoices. Excluded from reimbursement: VAT on items such as Contractor personnel housing, personal vehicles, utilities, phone charges, per diem, etc.

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

Contractor’s name and address.

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). Include 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 Purchase Order number (Numero de Orden de Compra).

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 preceding requirements apply to all supplies and services purchased in Mexico and subsequently provided to the U.S. Government as part of this contract. All IVA documentation must be submitted to the COR for approval and monthly submission to Hacienda.

All electronic invoices must be submitted to DOSpayments@state.gov. Copy to INL COR.

13 Delivery Requirements The Contractor is solely responsible for purchasing and direct delivering all 300 drones, combo components, and extra batteries to Mexico City, Mexico. All items must be direct delivered to the following warehouse location:

INL Mexico Attn: Laura Cisneros Ferrocarril de Acambaro # 77 Col. San Luis Tlatilco Naucalpan, Edo, Mexico

13.1 Deliveries at End User Locations

DDP - Delivered Duty Paid: The Contractor bears cost, risk and responsibility for cleared goods at named place of destination at buyer’s (INL Mexico) disposal. The Contractor is responsible for unloading. The Contractor is responsible for import clearance, duties, and taxes, as required, so buyer (INL Mexico) is not “importer of record.”

13.2 Direct Deliveries

The Contractor must recognize INL Mexico operations are not commercial. Therefore, at no time or under any circumstance is INL Mexico involved in the importation process so it cannot act as the importer or consignee. The vendor/Contractor must note INL Mexico will not provide anyone nor sign documents related to the importation process since INL Mexico is not entitled by the Secretariat of Foreign Affairs (Secretaría de Relaciones Exteriores) to act as an importer of goods to be transferred to the Government of Mexico.

As this operation is not carried out through a diplomatic purchase contract, the Mexican Government end user is never authorized to provide any type of special permit, required for the importation process.

As clearly established in the Incoterm Delivery Duty Paid (DDP) it is the responsibility of the vendor/Contractor participating in this tendering procedure, to perform all processes necessary to import the goods to Mexico, including coordination and payment of all corresponding taxes, until all goods are delivered to the address indicated by the INL Mexico Logistics Area.

If the Contractor does not have a Mexican counterpart or a subsidiary office in Mexico, the vendor/Contractor can use a trading company to complete the importation process

If delivery of goods takes place by means of a courier or parcel service (UOS, DHL, FEDEX, etc.) – and not as cargo merchandise - the vendor/Contractor must consider other options to release the goods from customs, such as it a global motion arrangement.

14 Nonpayment for Unauthorized Work No payments will be made for any unauthorized supplies or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of its own volition or at the request of an individual other than a duly appointed CO. Only a duly appointed CO is authorized to change the specifications, terms, and/or conditions of this contract.

15 Type of Contract This is a firm-fixed price contract with optional quantities. No increase in award amount will be paid based on changes in exchange rate, currency fluctuation or any unforeseen costs by the awardee. The government is not responsible for cost overruns nor for any costs related to the preparation of proposals or any protests resulting from this solicitation.

16 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 SDVOSB 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…