Solicitation_SAQMMA14R0402.pdf

SOLICITATION, OFFER, AND AWARD

1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR

700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

SAQMMA14R0402 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

09/15/2014

6. REQUISITION/PURCHASE NUMBER

CODE: LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and __3__ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in

__Refer to RFP Section L__ until __11:00:00__ local time __10/15/2014 __

10. FOR

INFORMATION

E-MAIL:

A. NAME

Michael J. Mickaliger

B. TELEPHONE (NO COLLECT

CALLS)

C. E-MAIL ADDRESS

mickaligermj@State.gov

11. TABLE OF CONTENTS (See Table of Contents on page 2)

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES CONTRACT

X B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/SPECS./WORK STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSX F DELIVERIES OR PERFORMANCE

X L INSTRS., CONDS., AND NOTICES TO OFFERORSX G CONTRACT ADMINISTRATION DATA

X M EVALUATION FACTORS FOR AWARDX H SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within __________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No.

52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDER DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CONTACT: DUNS: 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE:24. ADMINISTERED BY (if other than Item 7) CODE:25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

JoAnn B. Carroll

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

SAQMMA14R0402

001 0.00 HR

Doc Ref No:

Delivery Date FOB:

Identifier Title Date Number of Pages

1 Section J, Attachment A - Fixed, Burdened Hourly Rates Pricing Tables 09/12/2014 238 2 Section J, Attachment A - DD-254 09/12/2014 7

B.1 GENERAL

This is a nonpersonal services contract, as defined by Federal Acquisition Regulation (FAR) 37.101. The Contractor shall provide, in accordance with issued Task Orders (TOs), technical, administrative, management, and professional service employees to meet De-partment of State (DoS)[1] performance objectives on an Indefinite Delivery-Indefinite Quantity (IDIQ) basis. Task Orders will provide Fixed, Burdened Hourly Labor Rates that include, but are not limited to: direct labor, applicable indirect expenses, and profit.

The rates must also reflect expenses for contract management, including the preparation of invoices, cost and technical proposals, con-tract status reports, etc., but must exclude travel, other direct costs, and associated General and Administrative (G&A) expenses. Other than travel costs, the government will not recognize any additional costs which are not made a part of the fully burdened labor rates.

The DoS Office of Acquisition Management (A/LM/AQM) will issue Labor-Hour (LH) TOs in accordance with FAR Part 16.5 and the procedures set forth in Sections G, H and I.

[1] This contract/solicitation will support the Department of State Bureaus, as required.

B.2 TYPE OF CONTRACT (NOV 2008)

This is an Indefinite Delivery-Indefinite Quantity (IDIQ) contract.

B.3 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (NOV 2008)

Per FAR 52.216-22 “INDEFINITE QUANTITY”, the minimum for this indefinite quantity contract shall be any quantity or combina-tion of supplies and services equal to the amount set forth below.

$103,000.00

The maximum for this indefinite quantity contract (including options) shall be any quantity or combination of supplies and services equal to $103,000,000.00.

(End of Clause)

B.4 TRAVEL COSTS (TIME-AND-MATERIALS/LABOR HOUR) (NOV 2008)

Except as otherwise provided herein, the Contractor shall be reimbursed for its reasonable actual travel costs in accordance with its usual accounting practices consistent with FAR Subpart 31.2, specifically FAR 31.205-46. Travel must be directly related to and re-quired for performance of this contract, and authorized in advance and in writing by the Contracting Officer’s Representative (COR).

In no event shall costs associated with employee commuting be reimbursable as direct cost under this contract.

Travel costs shall not be burdened with any indirect costs unless specifically allowable in accordance with the Contractor’s usual ac-counting practices consistent with FAR Subpart 31.2. In no event shall travel costs be burdened with fee/profit.

The Contractor shall include a breakout of all authorized travel expenses as an attachment to his invoices. Administrative support (coordination of travel arrangements, etc.) will be the responsibility of the Contractor.

SAQMMA14R0402

Line Item Summary

Solicitation Number:

SAQMMA14R0402

Contract Number: Title: TAMPASS-D - SDVO Date of Solicitation:

09/15/2014

Line Item No. Description Quantity Unit Unit Price Total Cost

Should any Contractor personnel be requested to perform in any area which has been determined by the Department of State to be a hazardous duty area, hazardous duty premium pay if and to the extent requested and allowed, will be payable at the same rate as would be given to Department of State direct-hire employees pursuant to Chapter 650 of the U.S. Department of State Standardized Regulations (Government Civilians, Foreign Areas). Hazardous duty premium pay shall not be burdened with any indirect costs (e.g.

overhead, G and A) or fee/profit.

When local travel between the Contractor employee’s regular place of performance and other locations is specifically authorized by the COR, transportation expenses shall be allowable costs under this contract. For purposes of this clause, local travel means travel within a 50 miles radius of the Contractor employee’s regular place of performance and does not include daily commuting or associ-ated costs.

For travel where use of personal automobile has been specifically authorized by the COR, reimbursement shall be computed on the basis of actual miles travelled from starting point to destination. Other related miscellaneous expenses, such as tolls and parking fees, incurred in the performance of tasks authorized under this contract, will be reimbursed. Car rentals require advance approval of the COR and will be authorized only when consistent with good business practice. Allowable costs shall not exceed the actual cost of renting a compact automobile (a maximum of one for four Contractor personnel), unless extenuating circumstances (e.g., excess bag-gage) require other arrangements and subsequent COR approval is obtained.

The Government will reimburse the Contractor for Contractor employee’s travel time to or from other authorized work locations; ex-cept that for labor categories which are exempt from the Fair Labor Standards Act (FSLA), a reimbursement will be allowed only for travel during the employee’s regular working hours. The Contractor will not be reimbursed for time spent in stand down or temporary layovers for the convenience of the Contractor by FLSA exempt contractor employees except as authorized by the Federal Travel Regulations.

The Contractor shall be responsible for ensuring that all personnel who will be required to travel outside the United States have cur-rent and valid passports. The Contractor shall also be responsible for obtaining any visas required for travel to foreign countries under this contract. The Contractor shall make no direct labor charges for obtaining/maintaining passports and/or visas.

(End of Clause)

B.5 CONTRACT LINE ITEM STRUCTURE AND SCHEDULE

The Contract Line Item Number (CLIN) Structure shall consist of two (2) general categories: Mission Support Services and Other Dir-ect Costs (ODCs) (includes ODC Burden). Pricing Tables B-1-1 through B-22-9 illustrate the Mission Support Services (Basic and Overtime Rates) for this contract. Pricing Tables B-23 through B-27 identify the ODCs for this contract.

B.6 FIXED, BURDENED HOURLY RATE STRUCTURE

The salary hourly rates for the base year shall be in accordance with the United States (U.S.) Office of Personnel Management (OPM) General Schedule (GS) and Locality (Washington- Baltimore – Northern Virginia, DC-MD-VA-WV-PA; Los Angeles-Long Beach- Riverside, CA; Miami-Fort Lauderdale-Pompano Beach, FL; Houston-Baytown-Huntsville, TX; Atlanta-Sandy Springs-Gainesville, GA-AL; Boston-Worcester-Manchester, MA-NH-RI-ME; New York-Newark-Bridgeport, NY-NJ-CT-PA; Dallas-Fort Worth, TX;

and Rest of United States) Pay Tables for Grades 5 through 15 (Step 1-10) and the Executive Schedule[1] (ES) (Level V through Level I) found at http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/.

The indirect costs (e.g., overhead and general and administrative costs) and profit shall be built around the salary (GS) hourly rate to determine the fixed, burdened hourly rate. The GS and ES pricing tables are found in Section B.7.

The Fixed, Burdened Hourly Rates will be escalated on an annual basis based on the contractor’s business strategy.

A specific labor Sub-CLIN that includes the customized employee labor category title, position description, and GS/ES equivalent shall be determined at the time a task order is placed.

[1] ES hourly rate is calculated by dividing the ES yearly salary by 2080 hours.

B.7 FIXED, BURDENED HOURLY RATE PRICING TABLES

Refer to Section J, Attachment A, Fixed, Burdened Hourly Rate Pricing Tables.

B.8 OTHER DIRECT COSTS CLINS AND TABLES

Refer to Section J, Attachment A, Fixed, Burdened Hourly Rate Pricing Tables

C.1 SCOPE OF SERVICES

This section outlines the objectives to be fulfilled under the Department of State (DoS) Indefinite Delivery Indefinite Quantity (IDIQ) contract for professional, technical, and administrative program support services. Desired outcomes and constraints including specific labor categories, position descriptions, deliverables, performance requirements, quality assurance standards etc., will be developed for each task order issued under the DoS IDIQ.

C.1.1 OBJECTIVE 1

Provide professional, technical, and administrative program support staff augmentation services to meet the performance objectives and business requirements of the DoS. Anticipated services include, but are not limited to, the following activities:

a. Maintain program continuity, uninterrupted high-quality work, and availability of required competent professional, technical, management and administrative program support service employees;

b. Obtain existing and future qualified professional, technical, management and administrative program support ser-vice employees to meet the mission objectives of Bureaus and Offices;

c. Provide a compensation package that attracts and retains competent professional, technical, management and ad-ministrative program support service employees;

d. Meet the travel requirements established for the individual professional, technical, management and administrative program support service employees; and

e. Provide customers with a positive experience by maintaining a professional and efficient workforce.

C.1.2 OBJECTIVE 2

Provide professional, technical, management and administrative program support service employees with the personnel security clear-ances needed to meet the performance objectives and business requirements of the DoS.

D.1 PRESERVATION, PACKAGING, PACKING, AND MARKING

Preservation, packaging, packing and marking of all deliverables must conform to normal commercial packing standards to assure safe delivery at destination.

D.2 UNCLASSIFIED AND CLASSIFIED MARKING

Unclassified data shall be prepared for shipment in accordance with requirements set forth in the Order, or if none is specified, pursu-ant to industry standards.

Classified reports, data, and documentation shall be prepared for shipment in accordance with requirements set forth in the Order, or if none is specified, pursuant to the National Industrial Security Program Operating Manual (NISPOM), DOD 5220.22-M.

D.3 SOFTWARE AND MAGNETIC MEDIA MARKING

Packages containing software or other magnetic media shall be marked in accordance with requirements set forth in the Order, or if none is specified, shall be marked on external containers with a notice reading substantially as follows: “CAUTION: SOFTWARE/

MAGNETIC MEDIA ENCLOSED DO NOT EXPOSE TO HEAT OR MAGNETIC FIELDS”

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract/solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electron-ically at this address:

https://acquisition.gov/far/index.html

The following clauses apply at the Order level, as applicable, depending upon the contract type of the Order, or as specifically referenced in the applicable Order:

Clause # Clause Title Date T&M LH 52.246-6 Inspection – Time-And-Material and Labor Hour May 2001 X

E.2 INSPECTION AND ACCEPTANCE (NOV 2008)

Inspection and acceptance of the services to be provided hereunder shall be made by the Contracting Officer’s Representative.

(End of Clause)

E.3 PERFORMANCE EVALUATIONS

The Government reserves the right, at all reasonable times, and upon reasonable notice to the Contractor or Subcontractor, to inspect or otherwise evaluate the work performed or being performed at the location at which it is being performed. If any inspection or evalu-ation is made by the Government on the premises of the Contractor, or a Subcontractor, the Contractor shall provide all reasonable fa-cilities and assistance for the safety and convenience of the Government’s representatives in the performance of their duties. All in-spections and evaluation by the Government’s representatives shall be performed in such a manner as will not unduly delay work. The Government will endeavor to conduct all audits, inspection and evaluations in accordance with the highest levels of established pro-fessional auditing practices and standards. If a written report of such inspection or evaluation is prepared which reflects deficiencies or proposed corrective actions to be taken by the Contractor, or Subcontractor, a copy of those deficiencies and/or proposed corrective actions shall be furnished to the Contractor. Any corrective action proposed to be taken as a result of such inspection(s) shall be dis-cussed with the Government prior to implementation. Reports of the Contractor’s performance shall be placed in the contract file and will be subject to release to the public.

The Government representatives are extended to include agents i.e., contractors.

The Contractor agrees that such reports or deficiencies or proposed corrective action may be released to the public without objections by the Contractor.

E.4 GOVERNMENT QUALITY ASSURANCE PLAN SURVEILLANCE

The Government will perform those quality assurance procedures that may be necessary to verify that performance is in accordance with the terms of the contract and its task orders. Government quality assurance will be performed routinely by the Contracting Of-ficer’s Representative; however other activities may be called upon to support this effort as required. The Contracting Officer’s Rep-resentative or designated quality assurance evaluators will record all surveillance observations and will maintain a file of all inspection results. Successive months of unsatisfactory performance may result in other appropriate action(s) by the Contracting Officer in ac-cordance with the Inspections clause, including Termination for Default. Any action taken by the Contracting Officer as a result of surveillance will be in accordance with the terms of the FAR.

E.5 METHODS OF SURVEILLANCE

The Government may use a variety of surveillance methods to evaluate the Contractor’s performance. These include, but are not lim-ited to, random sampling of recurring services, periodic surveillance of the Contractor’s quality control program and audit of financial statements and customer complaints.

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract/solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electron-ically at this address:

https://acquisition.gov/far/index.html.

The following clauses apply at the Order level, as applicable, depending upon the contract type of the Order, or as specifically referenced in the applicable Order:

Clause # Clause Title Date T&M LH

F.2 TERM OF BASIC CONTRACT

The term of this IDIQ contract is sixty (60) months and includes a base period and option periods. This is not a multi-year contract as defined by FAR Part 17.1. Each option year may be issued with performance periods up to twelve months.

F.3 TASK ORDER PERIOD OF PERFORMANCE

The term for each Order placed under the Basic Contract shall be specified in the individual Order. Under no circumstances may an Order be placed under the Basic Contract if the Basic Contract has expired, or has been terminated or cancelled by the Government.

No Orders may exceed five (5) years, inclusive of options, from the date that the Order is placed; however, no Order may extend more than one (1) year after the expiration of the Basic Contract. Order options, if included at initial issuance of the Order, may be exercised after the expiration date of the Basic Contract.

F.4 PLACE OF PERFORMANCE

The place of performance will be specified in each individual Order.

F.5 DELIVERABLES

Individual Orders will specify the deliverables, if applicable. The Government does not waive its right to request deliverables under the Basic Contract, even if such requirements are not specifically listed in this table.

ID Section Frequency Deliver To

G.1 GENERAL

This section provides guidance regarding contract administration for the Basic Contract, and where applicable, for each Order placed under the Basic Contract. Additional contract administration requirements may be specified in each Order. Costs associated with these requirements shall not be billed as a direct cost to the Government.

G.2 AUTHORIZED USERS

Pursuant to FAR 16.504(a)(4)(vi), only authorized users may place Orders under the Basic Contract. In order to qualify as an author-ized user, a duly warranted Contracting Officer (as that term is defined in FAR 2.1) in good standing must have an appropriate signed delegation of authority from the Department of State Contracting Officer. This Basic Contract is for use by Department of State only.

G.3 ROLES AND RESPONSIBILITIES

This section describes the roles and responsibilities of Government personnel after Basic Contract award. The Government may modi-fy the roles and responsibilities at any time during the period of performance of the Basic Contract.

G.3.1 CONTRACTING OFFICER

The Department of State Contracting Officer is the sole and exclusive government official with actual authority to award the Basic Contract and individual Orders.

G.3.2 CONTRACTING OFFICER'S REPRESENTATIVE AND GOVERNMENT TASK MANAGER

The Department of State Contracting Officer may designate a Contracting Officer’s Representative (COR) or Government Task Man-ager (GTM) to provide certain assistance to the Contracting Officer for that Order. The specific rights and responsibilities of the COR or GTM for each order shall be described in writing, which upon request shall be provided to the Contractor. A COR/GTM has no ac-tual, apparent or implied authority to bind the Government.

G.4 ADVERTISING AND MARKETING

The contractor shall not allow the names, phone numbers, etc. of Government employees involved in the contract/orders, to be used for publicity or advertising purposes. Further, no article, book, pamphlet, recording, broadcast, speech, television appearance and/or film concerning any aspect of work performed under the contract/orders shall be published or disseminated through any media without the prior written authorization of the contracting officer.

All marketing and promotional materials, including information of the contractor webpage must be approved by the Department of State Contracting Officer prior to distribution.

G.5 MEETINGS

From time to time the Government may require attendance at meetings within the metropolitan Washington DC area at no additional cost to the Government.

G.5.1 PROGRAM OFFICE MEETINGS

Program Office Meetings provide a platform for Contractors and Department representatives to communicate current issues, resolve potential problems, discuss business and marketing opportunities, review future and ongoing Department initiatives, and address Basic Contract fundamentals.

The Government may hold meetings on a quarterly basis via video-teleconferencing or at a government facility or a mutually agreed-upon contractor facility on a rotational basis. The participants at these meetings shall include the Contractor and the Department Con-tracting Officer, COR and/or GTM and other program representatives.

G.5.2 PERFORMANCE REVIEWS

The Contracting Officer will evaluate contractor performance in accordance with the criteria under FAR Subpart 42.15.

G.6 CONTRACTOR PERFORMANCE SYSTEM

Past performance evaluations pertaining to the Basic Contract and Orders under the Basic Contract will reside in the Past Performance Information Retrieval Systems (PPIRS). The PPIRS functions as the central warehouse for performance assessment reports received from various Federal performance information collection systems.

Contractors will be required to register in the appropriate past performance assessment systems to review and respond to their surveys as prescribed by the Contracting Officer at the Order level. Contractor “view” access to PPIRS is gained through the Central Con-tractor Registration (CCR) (www.ccr.gov) process. Contractors must be registered in CCR and must have created a Marketing Partner Identification Number (MPIN) in the CCR profile to access their PPIRS information.

G.7 ORDERING PROCEDURES (NOV 2008)

a) Orders place under this contract shall contain the following information:

1. Date of Order;

2. Contract Number and Order Number;

3. Item number and description, quantity, and unit price;

4. Delivery or performance date;

5. Place of delivery and/or performance (including consignee);

6. Packaging, packing, and shipping instructions, if any;

7. Accounting and appropriation data;

8. Security clearance level(s), applicable to the order, if any; and

9. Any other pertinent information.

b) Issuance of orders by facsimile is authorized in accordance with FAR 52.216-18 “ORDERING.”

(End of Clause)

G.8 SUBCONTRACTORS

The Government will pre-approve subcontractors in making awards for the Basic Contract. If a Contractor proposes an other than pre-approved subcontractor for work performed under an Order, the Contractor must comply with FAR 52.244-2 and FAR 44.2.

G.9 DEPARTMENT OF STATE INVOICE INSTRUCTIONS (OCT 2011)

Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free number: 866-483-3436, or DOSPayments@state.gov, unless otherwise indicated. Each invoice must be transmitted separately.

To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

(1) Name and Address of the Contractor

(2) Dun and Brad Street Universal Number System (DUNS)

(3) Date of Invoice

(4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.

(5) Remittance Contact Information

(6) Shipping Terms, Ship to Address

(7) Payment Terms

(8) Total Quantity of Items

(9) Total Invoice Amount

(10) Requisition Number, Contract Number and Order/Award Number, with modification number, if applicable.

(11) Order line item number and information (see below instructions)

The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.

IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accord-ance with the corresponding order/award/contract. Each line item must contain the following information:

(1) Description of the services rendered for each line item

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

(5) Delivery Date

(6) Contract Line Item Number (CLIN)

(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA)

Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Contract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.

All payments to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are registered in the Central Con-tractor Registration (CCR) should verify and re-confirm their financial information in the database prior to invoicing. Vendors who wish to request a waiver of CCR or payment by check must submit their justification to their assigned contracting officer for consider-ation at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award.

Additional correspondence should be addressed to:

Name: U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center

Mailing Address: Post Office Box 150008 Charleston, SC 29415-5008

Telephone Numbers: Director’s Secretary Voice: 843-202-3761 Fax: 843-746-0749 Official Office Hours: 8:00 am – 5:00 pm

To request Payment Status on a Past Due Invoice contact:

Office of Claims Customer Service

Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free

Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov

(End of Clause)

H.1 PROVISIONS INCORPORATED BY REFERENCE AT ORDER LEVEL

Orders may incorporate one or more provisions by reference, with the same force and effect as if they were given in full text. Upon re-quest, the Contracting Officer will make their full text available. Also, the full text of a provision may be accessed electronically at this address:

https://acquisition.gov/far/index.html.

The following clauses apply at the Order level, as applicable, depending upon the contract type of the Order, or as specifically refer-enced in the applicable Order:

Provision No. Provision Title Date T&M LH

H.2 DOSAR 652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (AUG 1999)

(a) The Department of State’s Competition Advocate is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicita-tion is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged to first contact the contracting office for the respective solicitation. If concerns remain unresolved, contact the Department of State Competition Advocate on (703) 516-1680, by fax at (703) 875-6155, or write to: U.S. Department of State, Com-petition Advocate, Office of the Procurement Executive (A/OPE), Suite 603, SA-6, Washington, DC 20522-0602.

(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombudsman is not to diminish the authority of the con-tracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidential-ity as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, [Dan Walt], at [703-516-1696]. For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombuds-man. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1680, by fax at (703) 875-6155, or write to: Department of State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), 2201 C Street NW, SA-15, Washington, DC 20522-0602.

(End of provision)

H.3 KEY PERSONNEL

The Contractor shall identify the persons selected to fill the roles of Contractor’s Program Manager and Contract Administrator for the Basic Contract. These individuals shall represent the Contractor as points-of-contact for the Contracting Officer to help resolve issues and perform other functions that may arise relating to the Basic Contract and Orders under the Basic Contract.

The Contractor shall ensure that the Contracting Officer has current point-of-contact information for both the Program Manager and Contract Administrator.

All costs associated with the Contractor’s Program Manager and Contract Administrator shall be at no direct cost to the Government.

H.3.1 CONTRACTOR PROGRAM MANAGER

The Contractor’s corporate management structure shall guarantee senior, high-level, program management of the program. The Con-tractor Program Manager duties include, but are not limited to:

(a) Advising and assisting customers regarding the technical scope of the Basic Contract;

(b) Providing all reporting information required under the Basic Contract accurately, thoroughly and timely;

(c) Resolving issues related to Order performance under the Basic Contract;

(d) Attending meetings and conferences as necessary.

H.3.2 CONTRACT ADMINISTRATOR

The position of Contract Administrator requires expertise in acquisition regulations, the Basic Contract’s terms and conditions, Order procedures, proposal preparation, negotiations, and Basic Contract/Order administration.

The Contract Administrator must coordinate with the Program Manager on all reporting requirements under the Basic Contract.

H.4 CONTRACTOR TRAINING

The Contractor is generally expected to maintain the professional qualifications and certifications of its personnel through on-going training. Unless specifically authorized in an individual Order, the Contractor shall not directly bill the Government for any training.

H.5 GOVERNMENT PROPERTY

Any equipment, property, or facilities furnished by the Government or any Contractor-acquired property must be specified on indi-vidual Orders and follow the policies and procedures of FAR Part 45 for providing Government property to Contractors, Contractors’ use and management of Government property, and reporting, redistributing, and disposing on Contractor inventory.

H.6 FACILITY SECURITY REQUIREMENTS

a) A facility security clearance at the Top Secret level is required for contract performance in accordance with the DD Form 254, De-partment of Defense Contract Security Classification Specification, attached to this contract.

b) Since it will be necessary for some Contractor personnel to have access to classified material and/or to enter into areas requiring a security clearance, each Contractor employee requiring such access must have an individual security clearance commensurate with the required level of access prior to contract performance. Individual clearances shall be maintained for the duration of employment un-der this contract, or until access requirement’s change.

c) The Contractor shall obtain a Department of State building pass for all employees performing under this contract who require fre-quent and continuing access to Department of State facilities in accordance with Bureau of Diplomatic Security Instructions.

d) Performance of this contract shall be in accordance with the attached DD Form 254, Department of Defense Contract Security Clas-sification Specification and FAR 52.204-2 “SECURITY”.

e) Classified material received or generated in the performance of this contract shall be safeguarded and disposed of in accordance with the National Industrial Security Program Operating Manual. (DOD 5220.22-M)

(End of Clause)

H.7 ADDITIONAL SECURITY REQUIREMENTS

Personnel performing under this contract shall be U.S. citizens with a security clearance at the SECRET or TOP SECRET level with eligibility for indoctrination to Special Compartmented Information (SCI), if required by their position and assignment. The clearance shall be upgraded to the access granted within the processing time as determined by DISCO or the adjudicating authority. All classi-fied processing shall be performed in accordance with the 12 Foreign Affairs Manual (FAM). Offerors must ultimately possess a De-fense Security Service (DSS) Top Secret Facility Security Clearance (FCL) for contract performance. Firms with an FCL at a lower level i.e., Final Secret[1] would be eligible for contract award but will be limited to performing work on task orders up to the Secret level only. The Bureau of Diplomatic Security will sponsor selected Offerors who possess a Final Secret FCL for a Top Secret FCL, if required.

As contract performance is contingent upon issuance of a TOP SECRET FCL, it is imperative that the Offeror cooperate with all re-quirements and deadlines imposed by DSS. A time period of 90 days will be allotted for the issuance of a TOP SECRET FCL. If the Offeror does not have the requisite clearance within that timeframe, the Government reserves the right to award to the next qualified Offeror. Other than U.S. Government sponsorship for the FCL, the U. S. Department of State assumes no responsibility for clearance processing.

[1] Interim Secret is not acceptable

H.8 APPLICATION OF OVERTIME

The contractor is fully responsible for compliance with applicable labor laws and shall not permit any employee to work overtime when the employer will be required to pay the employee premium in accordance with the Fair Labor Standards Act (FLSA) (e.g., a non-exempt employee must receive overtime pay for hours worked in excess of 40 in a work week of at least one and one-half times their regular rates of pay or overtime pay based on this contract for the GS equivalents.)

The contractor shall review all employees in accordance with Section 13(a)(1) of the FLSA as defined by Regulations, 29 CFR Part 541 to determine executive, administrative, professional and other applicable exemptions from overtime pay.

The only individual authorized to require and/or approve a written exception under rare circumstances shall be the contracting officer.

Clause Title

52.202-1 Definitions (Nov 2013)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-7 Anti-Kickback Procedures (May 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)

52.203-13 Contractor Code of Business Ethics and Conduct (Apr 2010)

52.203-14 Display of Hotline Poster(s) (Dec 2007)

52.204-2 Security Requirements (Aug 1996)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.207-3 Right of First Refusal of Employment (May 2006)

52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or

Proposed for Debarment (Aug 2013)

Clause Title

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997)

52.216-24 Limitation of Government Liability (Apr 1984)

52.216-25 Contract Definitization (Oct 2010)

52.217-8 Option to Extend Services (Nov 1999)

52.219-14 Limitations on Subcontracting (Nov 2011)

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.222-21 Prohibition of Segregated Facilities (Feb 1999)

52.222-26 Equal Opportunity (Mar 2007)

52.222-35 Equal Opportunity for Veterans (Jul 2014)

52.222-37 Employment Reports on Veterans (Jul 2014)

52.222-41 Service Contract Labor Standards (May 2014)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option

Contracts) (May 2014)

52.222-50 Combating Trafficking in Persons (Feb 2009)

52.222-54 Employment Eligibility Verification (Aug 2013)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.223-6 Drug Free Workplace (May 2001)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.227-14 Rights in Data - General (May 2014)

52.227-23 Rights to Proposal Data (Technical) (June 1987)

52.229-4 Federal, State and Local Taxes (State and Local Adjustments) (Feb 2013)

52.232-7 Payments under Time-and-Materials and Labor Hour Contracts (Aug 2012)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-9 Limitation on Withholding of Payments (Apr 1984)

52.232-18 Availability Of Funds (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-25 Prompt Payment (Jul 2013)

Clause Title

52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)

52.239-1 Privacy or Security Safeguards (Aug 1996)

52.242-1 Notice of Intent to Disallow Costs (Apr 1984)

52.242-3 Penalties for Unallowable Costs (May 2014)

52.242-13 Bankruptcy (July 1995)

52.243-3 Changes - Time-and-Material or Labor-Hours (Sept 2000)

52.244-2 Subcontracts (Oct 2010)

52.245-1 Government Property (Apr 2012)

52.245-2 Government Property Installation Operation Services (Apr 2012)

52.245-9 Use and Charges (Apr 2012)

52.246-25 Limitation of Liability - Services (Feb 1997)

52.247-63 Preference for U.S.-Flag Air Carriers (June 2003)

52.249-4 Termination for Convenience of the Government (Services) (Short Form) (Apr 1984)

52.249-14 Excusable Delays (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

I.1 GENERAL

Orders under the Basic Contact may include additional clauses to those enumerated in the Basic Contract, such as: (1) optional FAR clauses; (2) supplemental clauses; (3) alternate FAR clauses; and (4) order-specific clauses. Such additional clauses are not limited to those associated only with section I of the Uniform Contract Format in FAR 52.3.

The clauses in I.2 apply at the Order level, as applicable, depending upon the contract type of the Order, or as specifically referenced in the applicable Order.

I.2 FAR 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 re-quest, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://acquisition.gov/far/index.html.

52.215-19 Notification of Ownership Changes (Oct 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortiza-tion, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records main-tained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

(End of clause)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from TBD through TBD.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $15M;

(2) Any order for a combination of items in excess of $15M; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office with-in 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from an-other source.

(End of clause)

52.216-22 Indefinite Quantity (Oct 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were com-pleted during the contract's effective period; provided, that the Contractor shall not be required to make any de-liveries under this contract after [insert date].

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _______ days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

52.237-3 Continuity Of Services (Jan 1991)

(a) The Contractor recognizes that the services under this contract are vital to the Government and must be con-tinued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to-

(1) Furnish phase-in training; and

(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor main-tain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If se-lected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

(End of clause)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any DOSAR. (48 CFR Chapter__) clause with an authorized devi-ation…