SFSIAQ11R0040 - COR.pdf

SOLICITATION/CONTRACT/ORDER FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

103102111061

5. SOLICITATION NUMBER

SFSIAQ11R0040

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/29/2011

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Glenn A. Kowallis

b. TELEPHONE NUMBER (No collect calls) 703-302-6804

c. EMAIL kowallisg@state.gov

8. OFFER DUE DATE / LOCAL

TIME

07/29/2011 15:00:00

CODE FSIAQ

FSI OFFICE OF AQUISITIONS (FSI/EX/GSACQ)

4000 ARLINGTON BLVD

ARLINGTON, VA 22204

9. ISSUED BY

UNRESTRICTED

X SET ASIDE: 100 % FOR

X SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

8(A)

NAICS: 611430

SIZE STANDARD:

$7M

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

SEE

SERVICES NO SHIPPING REQUIRED

SERVICES NO SHIPPING REQUIRED

WASHINGTON, DC 20520

CODE16. ADMINISTERED BY

FACILITYCODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR FSIBUCODE18a. PAYMENT WILL BE MADE BY

BUDGET OFC (FSI/EX/BUD)

FOREIGN SERVICE INSTITUTE

BUDGET & MANAGEMENT OFFICE

WASHINGTON, DC 20520-4201

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN__3__COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Glenn A. Kowallis 31c. DATE SIGNED

06/29/2011

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 10/2010)

Prescribed by GSA - FAR (48 CFR) 53.212

SFSIAQ11R0040

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 10/2010) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B.1 Services and Prices

C Descriptions/Specifications/Statement of Work C Statement of Work

E Inspection and Acceptance E Inspection and Acceptance

H Special Contract Requirements

652.239-70 INFORMATION TECHNOLOGY SECURITY PLAN AND ACCREDITATION (SEP

2007)

652.239-71 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY

RESOURCES (SEP 2007)

H Removal from Duty H.1 652.204-70

I Contract Clauses 52.212-4 Contract Terms and Conditions--Commercial Items (June 2010) 52.217-8 Option to Extend Services (Nov 1999)

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (APR

2004) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2011) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) SPAS School of Professional and Area Studies

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.212-3 Offeror Representations and Certifications--Commercial Items (Apr 2011)

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.212-1 Instructions to Offerors--Commercial Items (June 2008) L General Instructions

M Evaluation Factors for Award M Evaluation Factors 52.212-2 Evaluation - Commercial Items (Jan 1999)

001 Contracting Officer's Representative (COR) Course. 0.00 EA Doc Ref No: 103102111061

Delivery Date FOB:

Destination

B.1 Services and Prices

B. SUPPLIES OR SERVICES, AND PRICES/COTSTS

B. 1. The Foreign Service Institute, Department of State, anticipates the award of a fixed price, performance based, indefinite delivery indefinite quantity (IDIQ) contract for presentation and maintenance of a COR course. This is a 100% small business set-aside.

B. 2. The services shall be performed in accordance with Section C - Description/ Specifications/Work Statement and as further described in this document.

The contractor shall provide a fully loaded per session rate as outlined in Section C

The minimum number of sessions is 6 with a maximum of 20 sessions each year of the contract. There will be a minimum of 20 students with a maximum of 30 students per course.

Base Year: $__________ per session September 1, 2011 – August 31, 2012

Option Year 1: $__________ per session September 1, 2012 - August 31, 2013

Option Year 2: $__________ per session September 1, 2013 - August 31, 2014

Option Year 3: $__________ per session September 1, 2014 - August 31, 2015

Option Year 4: $__________ per session September 1, 2015 - August 31 2016

The rate per training session is fully loaded with cost of salaries, course materials, local delivery and transportation, overhead/G&A and fee. With the exception noted below, no additional costs will be considered.

For training required outside the Washington DC metropolitan area, the contractor will be asked to propose estimated other direct costs in accordance with the Federal Travel Regulations and the FAR so that the task order may be sufficiently funded. No profit or fee will be allowed on travel costs.

SFSIAQ11R0040

Line Item Summary

Solicitation Number:

SFSIAQ11R0040

Contract Number: Title: COR Course Date of Solicitation:

06/29/2011

Line Item No. Description Quantity Unit Unit Price Total Cost

Section C - Descriptions/Specifications/Statement of Work

C Statement of Work

Section C - Descriptions/Specifications/Statement of Work

C.l. STATEMENT OF WORK

C.1.1. INTRODUCTION

The Department of State's National Foreign Affairs Training Center, Foreign Service Institute (FSI) provides training and professional development to personnel of the Department of State and the Foreign affairs community.

C.1.2. BACKGROUND

FSI has a requirement to provide training on the role of the Contracting Officer's Representative (COR) for various levels of personnel who will serve in this function or have a need for this information.

Original course materials are developed by the government, but as requirements and regulations change, the contractor is responsible for updating materials. All materials are the property of the USG. Focused training materials for bureau specific requirements will be developed and provided to the contractor prior to such courses.

Training will be held primarily at the Foreign Service Institute (FSI) George Schultz Center at 4000 Arlington Boulevard, or at Rosslyn offices in Arlington, VA, and at the Office of Diplomatic Security (DS) at either Dunn Loring or Rosslyn, VA. Additionally, the contractor may be required to hold training at our Regional Training Centers located in Ft Lauderdale, Florida, Bangkok Thailand and Frankfurt, Germany. The contractor may also be required to present the course at other US Embassies abroad.

C.1.3. AUDIENCE

The audience includes program assistants and other administrative personnel (GS-5 through GS-II), program officers and technical specialists (GS-9 through GS-15) and Foreign Service Officers (equivalent FS grades to GS-11 through GS-15). English-speaking Locally Engaged Staff (LES) students from overseas embassies may also attend. Class size is normally 24-30 students.

Few, if any, of the participants have any formal training in Federal procurement. Some may have taken earlier COR training.

During classroom presentations, the instructor shall provide an appropriate level of detail so that the students will be able to use reference materials and Departmental resources to successfully complete their duties as COR's. Appropriate hands-on exercises and job aids shall be utilized. The emphasis of instruction should reinforce the Federal Acquisition Regulation's (FAR) concept of the Acquisition Team as described in FAR Part

1. Strong, proactive communication skills and techniques should be emphasized in addition to law and regulation.

C.1.4. TRAINING OBJECTIVES

The training objectives for the seminar are as follows. At the conclusion of the seminar the participant will be able to describe and perform the role of the COR as a member of the Acquisition Team throughout the procurement process including presolicitation, solicitation and evaluation, award, contract administration and contract closeout. Students will be able to:

- Identify typical ethical traps

- Perform market research

- Draft requirements documentation

- Create an acquisition strategy

- Evaluate contractor proposals

- Read a contract

- Identify appropriate clauses.

- Bring a contractor on-board

- Monitor performance

- Determine adequacy of performance

- Review invoices

- Propose contract changes

- Evaluate final performance

Student accomplishment and contractor success will be measured by an 80% pass rate on course test.

C.1.5. DETAILED WORK REQUIREMENTS

A. Provide a 40 - hour training workshop on Department of State Contracting Officer's Representative (COR) responsibilities during the pre-solicitation, solicitation, award, and contract administration through contract closeout at designated locations including the Foreign Service Institute (FSI) in Arlington and Rosslyn Virginia, and the Diplomatic Security Training Center in Dunn Loring, Virginia.

B. The contractor will be experienced in federal procurement, have good interpersonal and communication (written and oral) skills and be computer literate. FSI primarily uses Microsoft Word, PowerPoint, Adobe, and Internet Explorer. Course materials will be placed on a SharePoint "Homeroom" site and the contractor will utilize the site for classroom presentations. The contractor will keep back up documentation in the case of system problems.

C. The contractor will be skilled in classroom management and learning theory.

D. The contractor shall perform the following services under the general guidelines set forth by the cognizant Foreign Service Institute (FSI) Contracting Officer. The Contractor shall:

1. Provide at least one knowledgeable instructor to the Foreign Service Institute and to the Diplomatic Security Training Center for the purpose of conducting the week long workshop. Instructor qualifications shall include at least five years experience in providing training of federal contracting procedures and experience to U. S. Government clients. At least two members of contractor's instructor staff shall be familiar with course materials so that unscheduled requirements or in the case of illness, the course can be taught.

2.

Update course material as needed between sessions to reflect FAR and DOSAR changes or other newly introduced major Federal and/or Departmental procurement policy initiatives. Any/all design/update material is the sole property of the USG.

3. Deliver workshops as directed by the FSI Contracting Officer.

E. Pre-course Activity. The contractor shall complete the following prior to the beginning of the class in accordance with the delivery schedule as outlined below.

1. Review the text, the seminar training objectives and other documents and interview members of the Department of State and the Foreign Service Institute (FSI) as appropriate for the purpose of understanding DOS acquisition practices and technology.

2. If, after discussions, the contractor wants to modify specific materials for this contract, then a detailed description of the proposed design and a work plan for completion shall be submitted as a proposal.

3. A similar review of course material will be performed annually with the COR at the time an option to renew the contract is exercised.

F. Training Activity. The contractor shall complete the following for each class in accordance with the delivery schedule as outlined below and as described in the delivery order for class.

1. Course material by Contractor. Reproduce sufficient copiers of paper syllabus, course materials and put in binders (NTE 30 copies per course) and deliver one week before the course start date to:

FOR CLASSES AT FOREIGN SERVIE INSTITUTE ("Arlington")*

State Dept. / Foreign Service Institute

Attn: [COR Training Assistant], MTT/COR

4000 Arlington Blvd.

Arlington, VA 22204

FOR CLASSES @ DIPLOMATIC SECURITY ("Dunn Loring")*

State Dept. / DS Training Center

Attn: [Name, Course Coordinator, etc.]

2216 Gallows Road

Dunn Loring, VA 22027

*Please note, these addresses are for courier delivery only - FedEx, UPS, etc - they cannot be used for USPS.

FOR CLASSES AT OTHER OFF-SITE LOCATIONS

Confirm specific delivery address with COR for classes held somewhere other than FSI ("Arlington") or Diplomatic Security ("Dunn Loring")

2. Course material by Government. Course text and online materials will be provided to the contractor.

FSI will provide student accessories such as highlighter, note pad, pencil and name tent (one each per student). A class roster will be provided by FSI 10 days before the course begins.

3. Attendance Rosters. For all classes, students sign in on FSI attendance roster. The Instructor verifies 100% attendance AM and PM and signs the FSI attendance roster to certify it as complete and correct on final day of the class. The Instructor verifies and signs, but does not collect, FSI Attendance Roster.

FOR CLASSES AT FSI: COR Training Assistant collects attendance roster, reviewing for 100% attendance

FOR CLASSES @ SA-11 (DS) or OTHER OFF-SITE On-site Course Coordinator (DS or other) collects FSI attendance roster, reviewing for 100% attendance, and sends scanned copy to COR Training Assistant as soon as class ends. On-site coordinator sends original hardcopy attendance roster to COR Training Assistant at

FSI/MTT.

4. Testing. FSI will provide course test to contractor. The instructor presents test in hard copy. For all classes, students complete test and are graded by instructor immediately. Instructor records student numerical scores are recorded in far right hand column of FSI attendance roster, highlighting any that are <80% and indicating for "NP" for ‘No Pass'.

FOR CLASSES AT FSI. All original testing materials are collected by COR Training Assistant

FOR CLASSES at SA-11 (DS) or OTHER OFF-SITE All original testing materials are collected by the on-site course coordinator and sent, together with original hardcopy of attendance roster, to COR Training Assistant at FSI.

5. Certificates. The instructor's role in distributing certificates depends on location that course is held.

FOR CLASSES AT FSI. The COR Training Assistant will provide hardcopy certificates, to be distributed by Instructor immediately to all students who pass test with 100% attendance

FOR CLASSES at SA-11 (DS) or OTHER OFF-SITE. The COR Training Assistant will review initial scanned copy of FSI attendance roster and generate electronic course completion certificates (in Adobe Acrobat PDF format) for all students with a passing test score and 100% attendance. Electronic course completion certificates will be sent via email to on-site course coordinator for printing or other distribution.

6. Evaluations. Type of student course evaluation depends on classroom equipment available. The instructor does not collect Evaluation Materials.

FOR CLASSES WITH OpenNet Computer Access (FSI or off-site). Students complete electronic evaluation form on SharePoint website. The COR Training Assistant exports and formats electronic report with consolidated student feedback, distributing copies to the COR Manager and any other administrative contact points.

FOR CLASSES WITHOUT OpenNet Computer Access (FSI or off-site). Students complete hardcopy evaluation form. All original evaluation forms are collected by the COR Training Assistant or on-site course coordinator. (If Applicable) On-site course coordinator sends evaluation forms, along with original hardcopies of the attendance roster and testing materials, to COR Training Assistant at FSI.

G. Schedule. The course participants arrive at approximately 9:00 am and depart approximately at 4:00 pm each day. Should it be necessary to cancel the workshops, the contractor will be given a minimum of two weeks' notice, and shall be paid only for actual documents costs incurred in preparation for the workshop. No payment for documents will be made if course is re-scheduled.

H. Special Conditions:

1. Travel. If travel is required outside the DC metropolitan area, it will be directed and funded as a reimbursable CLIN on the task order. See B.2.

2. Defense Base Act. For any training directed outside the continental United States under this contract, Contractor must obtain DBA insurance. Upon award of a delivery order with overseas travel, the Contracting Officer will give this information to Contractor. DBA costs will be reimbursed to Contractor by the Government.

3. Key Personnel. The contractor shall provide knowledgeable instructors to FSI to deliver this course.

Minimum qualifications of the instructors shall include but not be limited to the following:

a. Relevant academic degree(s) from an accredited college or university.

b. At least five years professional experience in U.S. federal government acquisitions

c. At least two years professional experience teaching this seminar to adults at U.S. Government agencies over the past five years.

d. Ability to present this seminar in English and without noticeable speech impediments.

e. All key personnel conducting the workshops and organizing the program shall be identified by name and experience. Substitutions for the instructors must receive prior approval from the Government and all substitutions must have equivalent verifiable experience.

4. Government-Furnished Equipment and Supplies. The Government will provide the contractor with classroom space and all the training equipment and classroom supplies, including audio-visual equipment, flipcharts, markers and other commonly used classroom supplies.

5. Access. The instructors are required to access FSI's SharePoint site. To receive a logon, the instructors will need to complete an SF 85P Questionnaire for Public Trust positions. For facility access, the contractor will submit all info required for a Visit Access Request (VAR) in accordace with Bureau of Diplomatic Security requirements.

C. TECHNICAL PROPOSALS. The technical proposal will be an important consideration in the award of a contract; therefore it should be specific and complete. The technical proposal shall set forth in detail:

A. The conceptual approach to and interpretation of stated training objectives and requirements, B. The qualifications of the personnel proposed for work on this project, C. Examples of other specialized skills or experience of both your firm and the personnel proposed for work on this project, D. List of references (name, agency and telephone number) where the proposed instructor has conducted similar training.

The technical proposal should not exceed 40 pages.

D. Oral presentation. Each offeror in the competitive range will be given a course module to presentto a panel of evaluators.

In order that evaluation of the proposal may be accomplished strictly on the merit of the material submitted, no dollar costs are to be included within the technical proposal. The cost proposal will be a separate volume.

C. TECHNICAL PROPOSALS. The technical proposal will be an important consideration in the award of a contract; therefore it should be specific and complete. The technical proposal shall set forth in detail:

A. The conceptual approach to and interpretation of stated training objectives and requirements, B. The qualifications of the personnel proposed for work on this project, C. Examples of other specialized skills or experience of both your firm and the personnel proposed for work on this project, D. List of references (name, agency and telephone number) where the proposed instructor has conducted similar training.

The technical proposal should not exceed 40 pages.

D. Oral presentation. Each offeror in the competitive range will be given a course module to presentto a panel of evaluators.

In order that evaluation of the proposal may be accomplished strictly on the merit of the material submitted, no dollar costs are to be included within the technical proposal. The cost proposal will be a separate volume.

TECHNICAL PROPOSALS. The technical proposal will be an important consideration in the award of a contract; therefore it should be specific and complete. The technical proposal shall set forth in detail:

A. The conceptual approach to and interpretation of stated training objectives and requirements, B. The qualifications of the personnel proposed for work on this project, C. Examples of other specialized skills or experience of both your firm and the personnel proposed for work on this project, D. List of references (name, agency and telephone number) where the proposed instructor has conducted similar training.

The technical proposal should not exceed 40 pages.

Oral presentation. Each offeror in the competitive range will be given a course module to presentto a panel of evaluators.

Section E - Inspection and Acceptance

E Inspection and Acceptance

Section E - Inspection and Acceptance

E. 1.

Inspection and acceptance of the services to be provided hereunder shall be made by the Government Technical Monitor (GTM) or Contracting Officer's Representative (COR).

E. 2.

The Role of Government Personnel and Responsibility for Contractor Administration.

A. Contracting Officer (CO): The CO has the overall responsibility for administering this contract. He/she alone, without delegation, is authorized to take actions on behalf of the Government to: amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and delivery schedules; make final decisions on disputed deductions from contract payments for non-performance or unsatisfactory performance;

terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. Additionally, he/she may delegate certain other responsibilities to authorized representatives.

B. Government Technical Monitor (GTM): The GTM will assist the COR in discharging responsibilities. The responsibilities of the GTM include, but are not limited to: monitoring and inspecting the Contractor's progress and performance; evaluating contractor performance with the terms and conditions of this contract; acting as the Government's representative at the work site; advising the contractor of proposed deductions for non-performance or unsatisfactory performance; preparing receiving reports and/or approving invoices for payment; and advising the COR of any factors which may cause delay in work performance.

C. Contracting Officer's Representative (COR): The COR is responsible for promptly notifying the Contracting Officer in writing of any noncompliance or deviation in performance or failure to make progress; knowing and understanding the terms and provisions of the contract; knowing the scope and limitations of your authority;

using good judgment, skill and reasonable care in the exercise of authority; protecting privileged and sensitive procurement information. If questions arise which are not clearly answered in the contract or if disputes with the Contractor occur, prepare a written report to the Contracting Officer setting forth the problem(s) encountered.

Section H - Special Contract Requirements

Clauses By Reference Clause Title Date

652.239-70 INFORMATION TECHNOLOGY SECURITY PLAN AND ACCREDITATION (SEP

2007)

09/01/2007

652.239-71 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES (SEP 2007)

09/01/2007

H Removal from Duty

H.1 Removal from Duty

The Government may direct that a contractor be removed immediately from the work site(s) should it be determined that the person is unfit for the job. A determination of unfitness may be made from, but not limited to, incidents involving the most immediate identifiable types of misconduct or delinquency as set forth below:

*Falsification or unlawful concealment, removal, mutilation or destruction of any official documents or records, or concealment of material facts by willful omissions from other documents or records;

*Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Also participation in disruptive activities which interfere with the normal and efficient operations of the Government;

*Theft, vandalism, or any other criminal actions;

*Selling, consuming or being under the influence of intoxicants, drugs or substances which product similar effects;

*Improper use of communications equipment or government property;

*Violations of security procedures or regulations;

*Unacceptable performance

The Contractor shall be responsible for maintaining satisfactory standards of conduct and integrity. The

Contracting Officer, acting on the advice of the COR, will make all determinations regarding the removal of any employee from the work site(s).

H.1 652.204-70

652.204-70 Department of State Personal Identification Card Issuance Procedures (AUG 2007)

(a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Issuance

Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert this clause in all subcontracts when the subcontractor's employees will require frequent and continuing access to DOS facilities, or information systems.

(b) The DOS Personal Identification Card Issuance Procedures may be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm .

(End of clause)

Section I - Contract Clauses

Clause Title Date 52.212-4 Contract Terms and Conditions--Commercial Items (June 2010) 06/16/2010

52.217-8 Option to Extend Services (Nov 1999) 11/23/1999

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (APR 2004) 04/01/2004

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Apr 2011)

04/01/2011

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

__ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

____(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

____(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L.

109-282) (31 U.S.C. 6101 note).

____(5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (Jul 2010)(Pub. L.

111-5).

X(6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000).

(Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

____(7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

____(8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____(9) [Reserved]

X(10)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____(ii) Alternate I (Oct 1995) of 52.219-6.

____(iii) Alternate II (Mar 2004) of 52.219-6.

____(11)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____(ii) Alternate I (Oct 1995) of 52.219-7.

____(iii) Alternate II (Mar 2004) of 52.219-7.

X(12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

____(13)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

____(ii) Alternate I (Oct 2001) of 52.219-9.

____(iii) Alternate II (Oct 2001) of 52.219-9.

____(iv) Alternate III (Jul 2010) of 52.219-9.

X(14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

X(15) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____(16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

____(ii) Alternate I (June 2003) of 52.219-23.

____(17) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____(18) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____(19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f).

X(20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__(21) 52.219.29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2011).__(22) 52.219.30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2011).X(23) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X(24) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

X(25) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X(26) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

X(27) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

X(28) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X(29) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).

____(30) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X(31) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____(32)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____(ii) Alternate I (May 2008) of 52.223-9(42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____(33) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____(34)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

____(ii) Alternate I (Dec 2007) of 52.223-16.

X(35) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010) (E.O. 13513).

____(36) 52.225-1, Buy American Act--Supplies(Feb 2009) (41 U.S.C. 10a-10d).

X(37)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (June 2009) (41 U.S.C. 10a- 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

____(ii) Alternate I (Jan 2004) of 52.225-3.

____(iii) Alternate II (Jan 2004) of 52.225-3.

____(38) 52.225-5, Trade Agreements (Aug 2009)(19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X(39) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____(40) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

____(41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).

____(42) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).

____(43) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f),10 U.S.C.

2307(f)).

X(44) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)(31 U.S.C.

3332).

____(45) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

____(46) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C. 3332).

____(47) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____(48)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). ____(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -- Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

X (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services -- Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

X (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

__ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009)(41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000) 03/27/2000

(a) The Government may extend the term of this contract by written notice to the Contractor within 90 days;

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 5 years.

(End of clause)

SPAS School of Professional and Area Studies 05/14/2008

FSI1 - FSI Invoicing Instructions

Contractor shall submit invoice to the following address:

Department of State

Foreign Service Institute

Washington, D. C. 20520-4201

ATTN: Office of Budget and Management

Your invoice must include the following information:

(1) your name and address to which payment is to be made;

(2) your DUNS number and tax identification numbers (for individuals this is your SSN);

(3) the order numbers in Blocks 3 and 4;

(4) the correct amount owed by FSI;

(5) time payment discount, even if 'net';

(6) itemized billing;

(7) show ordering office in block 10;

(8) cite contract number (Block 2) as well as requisition number (Block 4) in all correspondence;

(9) unique vendor invoice number;

(10) contact name and telephone number;

(11) invoice date;

(12) description, price, and quantity of goods/services.

Failure to submit an invoice with all required information will result in invoice being returned for proper submission.

Payment under this purchase order will be due on the 30th calendar day after either (1) the date of receipt of proper invoice in the designated office, or (2) the date the services are accepted by the Government.

(end of clause)

FSI4 - Contractor Self-Identification

All contractor personnel attending meetings, answering Government telephones, and/or working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public, of other government personnel or Congress that they are Government officials. Contractor personnel must also ensure that all documents or reports produced by them are suitably marked as contractor products or that contractor participation is appropriately disclosed. This direction shall be adhered to unless otherwise waived, in writing, by the cognizant Contracting Officer.

At no time will any contractor utilize letterhead for any correspondence between the contractor and any other entity depicting or intimating that the Contractor is a member/employee of the U.S. Government, either as an individual or as a company/corporation. Example: Using the Department of State Seal (or any other Government's agency seal) in their letterhead.

(end of clause)

652.242-70 Contracting Officer's Representative (COR) 08/01/1999

a) The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR will be determinded per Task Order.

(end of clause)

Section K - Representations, Certifications, and Other Statements of Offerors or Respondents

52.212-3 Offeror Representations and Certifications--Commercial Items (Apr 2011) 04/01/2011

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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.

"Forced or indentured child labor" means all work or service--

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 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 Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

"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.

"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.

"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.

"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…