SOLICITATION_SGE500-16-R-0010.pdf

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MCN Remediation Plan - Develop Databases and Training Services Federal contract opportunity
Solicitation number
SGE500-16-R-0010
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Department of State Office of Acquisition Management

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Solicitation SGE500-16-R-0010

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Public_Financial_Management_Risk_Assessment_of_the_MCN_-_Attachment__2.pdf PDF
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Cover_Letter_Solicitation_16R0010.pdf PDF
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SOLICITATION

DOCUMENT

Solicitation No. SGE500-16-R-0010

MCN Remediation Plan and Training Services

For the Financial Management System of the Afghan Ministry of Counter Narcotics (MCN) on behalf of the American Embassy Kabul, Afghanistan.

American Consulate General Regional Procurement Support Office Giessener Strasse 30 60435 Frankfurt am Main, Germany

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SGE50016R0010

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

DATE

02/01/2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Hannelore Godecki

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL godeckih@state.gov

8. OFFER DUE DATE / LOCAL

TIME

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 541511

SIZE STANDARD:

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

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE FRANK16. ADMINISTERED BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR FRANKCODE18a. PAYMENT WILL BE MADE BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

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

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE 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 ____ 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.

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)

David A. Cubitt 31c. DATE SIGNED

02/01/2016

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SGE50016R0010

SGE500-16-R-0010 Develop Databases and Training Services

TABLE OF CONTENTS

Page #

Section

SF-1449 1

A – SOLICITATION / CONTRACT FORM 3

B – SUPPLIES OR SERVICES AND

PRICES/COSTS

B.1 Services 3 B.2 Type of Contract 3 B.3 Contract Price 3

‐ Contract Price cont. 4 B.4 Abbreviations 4

C – Description/Specifications/Statement of Work 5 C.1 Project Name/Location 5 C.2 Project Description 5 C.3 Specifications/Statement of Work 5

‐ Specifications/Statement of Work cont. 6 D – Packaging and Marking 6

D.1 reserved. 6 E – Inspection and Acceptance 6

E.1 Inspection and Acceptance 6 E.2 Final Completion and acceptance 6

F – Deliverables / Performance 6 F.1 Deliverables 6 F.2 Acceptance of Schedule 7

G – Contract Administration Data 7 G.1 Authority of Contracting Officer 7 G.2 Payment 7 G.3 Advance Payment 7

‐ Continuation Clause 8 H Special Contract Requirements/Information 8

H.1 Release of Information 8 Contractor Vetting After Award 8 Use of the Pre-Deploment & Operational Tracker (SPOT) to comply with Clause FAR 52.225-19 and with the National Defense Authorization Act. 8 H.2 Definitions 8

I – Contract Clauses 9 - 11 J – List of Attachments 11 K – Representations, Certifications, and other

Statements of Offerors 12 - 18

L – Instructions, Conditions and Notices to Offerors or Respondents 18

L.1 – reserved. 18

Page 2/1 of 29

SGE500-16-R-0010 Develop Databases and Training Services

L.2 – reserved. 18 L.3 – reserves. 18 L.4 – Review of Documents 18 L.5 – Submission of Offers 19 - 21 L.6 – reserved. 21 L.7 – reserved. 21 L.8 – Proposal Due Date 22 L.9 – reserved. 22 Contractor Vetting as a Condition of Award 22

- Continuation Clauses 22 - 26

M Evaluation Factors for Award 27 M1. Evaluation of Proposals 27

- Continuation of M.1 28 M.2 Award Without Discussions 28

- Cont. Clause 29

Page 2/2 of 29

Identifier Title Date Number of Pages

SECTION A - SOLICITATION / CONTRACT FORM

A.1 SOLICITATION

The American Consulate General Frankfurt hereby provides the following Solicitation Notice for a Request for Proposals (RFP) for:

REQUIREMENT TO DEVELOP DATABASES AND TRAINING SERVICES. All interested offerors shall review the attached pages of this solicitation, and Attachments, and submit offers which conform to the re-quirement and delivery terms.

A.2 CONTRACT FORM

Uniform Contract Form SF-1449 cover Continuation of SF-1449, RFP Number SGE500-16-R-0010, Schedule of supplies and services, and prices, De-scription/Specifications.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES

The Contractor shall perform all work and services in accordance with the specifications provided in Attach-ments # 1, 2, and all other documents incorporated in this solicitation and the resulting contract; in accordance with the terms and conditions of this solicitation; and in strict conformance with the contract clauses and any special conditions contained herein.

B.2 TYPE OF CONTRACT

This is a firm fixed price contract payable entirely in the currency indicated by the Contractor in Sub-Section B.3 for the development and services which will be awarded for a period of one (1) year. The quoted prices shall include all labor, materials, insurance, overhead, travel expenses, general and administrative expense, and all related costs.

B.3 CONTRACT PRICE

The proposed costs for services shall include on-site services. Inspection and testing of all DATABASES com-ponents shall include related services. The Contractor shall provide a warranty after going live with the system.

Should the installation be deficient, the Contractor shall be responsible to correct the defect at no additional cost to the Government.

No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the contractor's failure to properly estimate or accurately predict the cost, or difficulty in achieving the results required by this contract.

SGE50016R0010

Line Item Summary

Solicitation Number:

SGE50016R0010

Contract Number: Title: Develop Databases and Training Services

Date of Solicitation:

02/01/2016

Line Item No. Description Quantity Unit Unit Price Total Cost

The contract price will not be adjusted on account of fluctuations in currency exchange rates. Changes in the contract price, or time to complete, will be made only for changes made by the Government in the work to be performed, or by delays caused by the Government.

MCN Remediation Plan Contract - Pricing

Projected Staffing Class / Quantity Salary/Day 252 Days/Year*

Program Manager LN MS Access / VBA Data-base Developer and Trainer LN

Database Developer LN

Admin Staff LN

Total Labor Costs

Additional Costs Quantity Price Cost

IT Equipment

Licenses

ODC

Start-Up (Phase-In)

Total Additional Costs

Total Performance Year Cost

*252 business days in a year, excluding U.S. holidays and Fridays and Saturdays (the Afghan weekend).

Note: Please identify the currency of pricing. (The contract price will not be adjusted due to fluctuations for currency exchange rates, if quoted in other currency than U.S. Dollar.)

B.4 ABBREVIATIONS

ARO - After Receipt of Order CO - Contracting Officer COR - Contracting Officer's Representative DBA - Defense Base Act Insurance DOSAR - Department of State Acquisition Regulation FAR - Federal Acquisition Regulation SOP - Statement of Performance USG - United States Government

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 PROJECT NAME/LOCATION

Afghan Ministry of Counter Narcotics (MCN) Remediation Plan Contract.

Services are to be provided in Kabul, Afghanistan.

C.2 PROJECT DESCRIPTION

Develop Databases and Training Services for the for the financial management system of the Afghan Ministry of Counter Narcortics (MCN). The contractor shall deliver all ordered services in accordance with the dates specified in the contract.

The objective is to improve the financial management, including budgeting and accounting, internal controls;

procurement; personnel and payroll; and human resources system of the Afghan Ministry of Counter Narcotics (MCN), based on the remediation plan developed by Bureau of International Narcotics and Law Enforcement Affairs ( INL) to eliminate the weaknesses and vulnerabilities identified by a Public Financial Management Risk Assessment (PFMRA) of the ministry.

Services shall include (but are not limited to):

-- Purchase of MS Access software.

-- Develop secured desktop applications (MS Access Databases) for the following directorates:

1. Budget formulation and execution at the Finance and Administration and Good Performers Initiative Dir-ectorates (GPI).

2. Accounting for the Finance and Administration Directorate at MCN.

3. Compliance to be used by the internal auditor/compliance officer at MCN.

4. Payroll – Database to be used by GPI / Human Resources Directorate at MCN.

5. Cost Accounting to collect, analyze, summarize and evaluate courses of action for project management.

6. Fixed Assets – to enable MCN to take inventory efficiently (mobile bar code reader).

-- Databases should be able to interface with the financial management system of the Afghan Ministry of Finance, the Afghanistan Financial Management Information System (AFMIS).

-- Provide on-demand technical support and training.

-- Develop standard operating procedures and improve/provide related quality control processes to improve the financial management, as required.

Additional information is provided with the attachments.

C.3 SPECIFICATIONS/STATEMENT OF WORK

Attachment 1: Statement of Work, consisting of:

Section 1 -- Introduction and Background Section 2 -- Scope of Work and Requirements Section 3 -- Deliverables Section 4 -- Requirements Section 5 -- Instructions, Conditions, and Noitice to Offerors

- including: Weekly Progress Report Template

Attachment 2: Public Financial Management Risk Assessment Attachment 3: MCN Remediation Plan

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the order outlined in Section I, FAR 52215-8 "Order of Precedence - Uniform Contract Format".

SECTION D - PACKAGING AND MARKING

D.1 -- reserved.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

Standard of Conduct

The Contractor shall maintain satisfactory standards of competency, conduct, cleanliness, appearance and integ-rity. Every Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves and the United States Government.

E.2 FINAL COMPLETION AND ACCEPTANCE

E.2.1 Definitions

(a) "Final completion and acceptance" means the stage in the progress of the work as determined by the COR and confirmed in writing to the Contractor, on which all work required under the contract has been completed in a satisfactory manner in accordance with the requirements thereof, subject to the discovery of defects after final completion, and except for items specifically excluded in the notice of final acceptance.

(b) The "date of final completion and acceptance" means the date determined by the COR as of which final completion of the work has been achieved, as indicated by written notice to the Contractor.

Clause Title

52.246-4 Inspection of Services - Fixed-Price (Aug 1996)

SECTION F - DELIVERABLES / PERFORMANCE

F.1 DELIVERABLES

Deliverable items/services called for in this contract shall be delivered in accordance with the detailed descrip-tion/schedule provided in the Statement of Work in Section 3 -- Tasks and Deliverables.

F.2 ACCEPTANCE OF SCHEDULE

When the Government has accepted any time schedule, it shall be binding upon the Contractor. The completion date is fixed and may be extended only by a written contract modification signed by the Contracting Officer.

Acceptance or approval of any schedule or revision thereof by the Government shall not (1) extend the comple-tion date or obligate the Government to do so, (2) constitute acceptance or approval of any delay, nor (3) excuse the Contractor from or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

The project schedule is a key parameter of this project, and completion within the allocated period is key to the project as a whole.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 AUTHORITY OF CONTRACTING OFFICER

All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer and the Procurement Executive shall have the right to designate au-thorized representatives to act for the Contracting Officer, as specifically provided in the designation of that in-dividual.

G.1.1 CONTRACT ADMINISTRATION DATA

Contracting Officer: David A. Cubitt

Contract Administrator: Hannelore Godecki Telephone Number: +49-069-7535-3345 Email: GodeckiH@state.gov

European mail or Courier or Hand Delivery: American Consulate General Attn: RPSO - Hannelore Godecki Solicitation No. SGE500-16-R-0010 Giessener Strasse 30 D-60435 Frankfurt, Germany

Contracting Officer's Representative (COR): to be designated at time of award

G.2 PAYMENT

G.2.1 Invoices Each request for payment/invoice, shall be addressed in compliance with payment detail provided in the con-tract.

Copies of all invoices shall be submitted via email to the email address stated in the contract.

G.3 ADVANCE PAYMENT

Advance payment shall not be authorized during the performance of this contract.

Clause Title

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

SECTION H - SPECIAL CONTRACT REQUREMENTS/INFORMATION

H.1 RELEASE OF INFORMATION

All information furnished to the Contractor and developed by the Contractor in connection with this transaction shall be considered confidential. The Contractor shall make no public announcements, including news or press releases about this contract.

Contractor Vetting After Award

Contractors shall advise the Contracting Officer of any changes in personnel listed in the DS Form 4184 and shall provide vetting information on new individuals. The government reserves the right to vet these personnel changes and to terminate contracts for convenience based on vetting results.

(End of clause)

USE OF THE PRE-DEPLOYMENT & OPERATIONAL TRACKER (SPOT) TO COMPLY WITH

CLAUSE FAR 52.225-19 AND WITH THE NATIONAL DEFENSE AUTHORIZATION ACT.

In accordance with paragraph (g) of contract clause 52.225-19, Contractor Personnel in a Designated Operation-al Area or Supporting a Diplomatic or Consular Mission outside the United States, the contractor shall use Syn-chronized Pre-deployment and Operational Tracker (SPOT). Contractor shall enter before deployment, or if already in the designated operational area, enter upon becoming an employee under the contract, and maintain current data, including departure data, for all Contractor personnel that are authorized to support a diplomatic or consular mission outside the United States. Information on how to register in SPOT is available at ht-tp://www.dod.mil/bta/products/spot.html.

The National Defense Authorization Act sections 861 and 862 require all Iraqi and Afghan citizens to be re-gistered in SPOT if they are employed in support of a Government contract for 30 days or more. Local nation-als do not require letters of authorization (LOA) but will have to be registered with a start date and taken off the contract when no longer supporting our Government contract.

This may place a significant administrative burden on your firm depending on how many employees you will be using on our contract. Make sure you take this into consideration when providing your fixed price.

H.2 DEFINITIONS

Government - U.S. Government Day means calendar day unless otherwise specifically indicated.

FAR means Federal Acquisition Regulation.

Contracting Officer Representative (COR) means a person appointed by the Contracting Officer who is author-ized to perform specific technical and administrative functions.

SECTION I - CONTRACT CLAUSES

The following clauses are incorporated in full text or by reference, with the same force and effect as if they were given in full text.

Payment of Subcontractors Through Electronic Funds Transfer or Licensed Hawala (July 22, 2013)

Contractors operating in Afghanistan who use Afghan subcontractors must pay subcontractors through either an Electronic Funds Transfer capable bank or a licensed hawala, where possible.

Clause Title

52.202-1 Definitions (Nov 2013)

52.203-3 Gratuities (Apr 1984)

52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006)

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)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

(Apr 2014)

52.204-12 Data Universal Numbering System Number Maintenance (Dec 2012)

52.204-13 System for Award Management Maintenance (JUL 2013)

52.204-14 Service Contract Reporting Requirements (Jan 2014)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Oct 2015)

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

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

52.217-8 Option to Extend Services (Nov 1999)

52.222-50 Alt I Combating Trafficking in Persons (Mar 2015) - Alternate I (Mar 2015)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission

Outside the United States (Mar 2008)

52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014)

Clause Title

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984)

52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013)

52.232-1 Payments (Apr 1984)

52.232-25 Prompt Payment (Jul 2013)

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

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 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)

52.237-3 Continuity Of Services (Jan 1991)

52.242-13 Bankruptcy (July 1995)

52.243-1 Alt I Changes - Fixed-Price (Aug 1987) - Alternate I (Apr 1984)

52.244-6 Subcontracts for Commercial Items (Dec 2015)

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

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

52.252-4 Alterations in Contract (Apr 1984)

652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (AUG 1999)

652.228-71 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) - SERVICES (FEB 2015)

652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)

652.236-70 ACCIDENT PREVENTION (APR 2004)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB 2015)

(a) The Department of State observes the following days as holidays:

New Year’s Day Martin Luther King’s Birthday Washington’s Birthday Memorial Day Independence Day

Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Any other day designated by Federal law, Executive Order, or Presidential Proclamation.

(b) When New Year’s Day, Independence Day, Veterans Day or Christmas Day falls on a Sunday, the follow-ing Monday is observed; if it falls on Saturday the preceding Friday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor’s personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(c) When the Department of State grants administrative leave to its Government employees, assigned contractor personnel in Government facilities shall also be dismissed. However, the contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the contracting officer or his/her duly authorized representative.

(d) For fixed-price contracts, if services are not required or provided because the building is closed due to in-clement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows:

(1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month.

(2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided.

If services are provided for portions of days, appropriate adjustment will be made by the contracting officer to ensure that the contractor is compensated for services provided.

(e) If administrative leave is granted to contractor personnel as a result of conditions stipulated in any “Excusable Delays” clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractors accounting policy.

(End of clause)

SECTION J - LIST OF ATTACHMENTS

Attachment 1 – STATEMENT OF WORK, consisting of:

Section 1 -- Introduction and Background Section 2 -- Scope of Work and Requirements Section 3 -- Deliverables Section 4 -- Requirements Section 5 -- Instructions, Conditions, and Notice to Offerors

Attachment 2 – Public Financial Management Risk Assessment Attachment 3 – MCN Remediation Plan

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

The following clause(s)/provisio(s) are incorporated in full text or by reference, with the same force and effect as if they were given in full text.

Clause Title

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation (Nov 2015)

52.204-7 System for Award Management (Jul 2013)

(a) Definitions. As used in this provision--

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Brad-street, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suf-fix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the System for Award Management (SAM) database" means that --

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Account-ability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Con-tact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and ad-dress exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet of-fice.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Of-ficer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offer-ors who are not registered should consider applying for registration immediately upon receipt of this solicita-tion.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

52.209-5 Certification Regarding Responsibility Matters (Oct 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that--

(i) The Offeror and/or any of its Principals--

(A) Are are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have have not , within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this soli-citation);

(C) Are are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial chal-lenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced col-lection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Ap-peals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the tax-payer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collec-tion action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has has not , within a three-year period preceding this offer, had one or more contracts termin-ated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person hav-ing primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to con-tract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in or-der to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and in-formation of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certi-fication, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Oct 2015)

(a) Definitions. As used in this provision--

"Person"--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used spe-cifically--

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CIS- ADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror--

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the dir-ection of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Ir-an, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or de-velop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or af-filiates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Per-sons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification re-quirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if --

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(End of provision)

652.209-79 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Criminal Conviction under any Federal Law. (DEVIATION)(Sept 2014)

(a) In accordance with section 7073 of Division K of the Consolidated Appropriations Act, 2014 (Public Law 113-76) none of the funds made available by that Act may be used to enter into a contract with any corporation that –

(1) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency has direct knowledge of the conviction, unless the agency has considered, in accordance with its procedures, that this further action is not necessary to protect the interests of the Government; or

(2) Has any unpaid Federal tax liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency has direct knowledge of the unpaid tax liability, unless the Federal agency has considered, in accordance with its procedures, that this further action is not necessary to protect the interests of the Government.

For the purposes of section 7073, it is the Department of State’s policy that no award may be made to any cor-poration covered by (1) or (2) above, unless the Procurement Executive has made a written determination that suspension or debarment is not necessary to protect the interests of the Government.

(b) Offeror represents that—

(1) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of provision)

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

(a) Definitions.

As used in this provision:

'Foreign person' means any person other than a United States person as defined below.

'United States person' means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any per-manent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic con-cern, as provided under the Export Administration Act of 1979, as amended.

(b) Certification.

By submitting this offer, the offeror certifies that it is not:

(1) Taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab League countries, which Section 8(a) of the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)) pro-hibits a United States person from taking; or,

(2) Discriminating in the award of subcontracts on the basis of religion.

(End of provision)

652.228-70 DEFENSE BASE ACT - COVERED CONTRACTOR EMPLOYEES (FEB 2015)

(a) Bidders/offerors shall indicate below whether or not any of the following categories of employees will be employed on the resultant contract, and, if so, the number of such employees:

Category Yes/No Number

(1) United States citizens or residents

(2) Individuals hired in the United States, re-gardless of citizenship

(3) Local nationals or third country nationals where contract performance takes place in a country where there are no local worker’s com-pensation laws

Local Nationals:

Third Country Nationals:

(4) Local nationals or third country nationals where performance takes place in a country where there are local worker’s compensation laws

Local Nationals:

Third Country Nationals:

(b) The contracting officer has determined that for performance in the country of AFGHANISTAN -

____ Worker’s compensation laws exist that will cover local nationals and third country nationals.

_X_ Worker’s compensation laws do not exist that will cover local nationals and third country nationals.

(c) If the bidder/offeror has indicated “yes” in block (a)(4) of this provision, the bidder/offeror shall not pur-chase Defense Base Act insurance for those employees. However, the bidder/offeror shall assume liability to-ward the employees and their beneficiaries for war-hazard injury, death, capture, or detention, in accordance with the clause at FAR 52.228-4.

(End of provision)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR RESPONDENTS

The following clauses are incorporated in full text or by reference, with the same force and effect as if they were given in ful text.

L.1 – reserved.

L.2 – reserved.

L.3 - reserved.

L.4 REVIEW OF DOCUMENTS

The offeror is responsible for:

(1) Obtaining a complete set of contract documents and specifications;

(2) Thoroughly reviewing such documents and understanding their requirements;

(3) Becoming familiar with all working conditions, local laws and regulations; and

(4) Determining that all materials, equipment and labor required for the work are available.

Any ambiguity in the solicitation, including specifications and contract documentation, shall be reported imme-diately to the point of contact (POC) listed in block 7a) and c) of the Standard Form 1449. Any prospective of-feror who requires a clarification, explanation or interpretation of the contract requirements must make a request to the POC listed in block 7 of the Standard Form 1449 not less than ten working days before the closing date of the solicitation. Offerors may rely ONLY upon written interpretations by the Contracting Officer.

L.5 SUBMISSION OF OFFERS

L.5.1 GENERAL

This solicitation is for the performance services described in Section C - DESCRIPTION/SPECIFICA- TIONS/WORK STATEMENT, and the Attachments which are a part of this solicitation.

L.5.2 QUALIFICATIONS OF OFFERORS

Offerors must be technically qualified and financially responsible to perform the work described in this solicitation.

At a minimum, each Offeror must meet the following requirements:

(1) Have an established business with a permanent address and telephone listing;

(2) Be able to demonstrate prior experience with suitable references;

(3) Have the necessary personnel, equipment and financial resources available to perform the work;

(4) Have all licenses and permits required by local law;

(5) Meet all local insurance requirements;

(6) Have no adverse criminal record; and

(7) Have no political or business affiliation which could be considered contrary to the interests of the United States.

(8) Be able to understand written and spoken English.

L.5.3 SUMMARY OF INSTRUCTIONS

(a) Each offer shall consist of the following physically separate volumes:

Valume 1 - Title No. of Copies Price Proposal, to include:

• SECTION A - Executed Standard Form 1449, SO-

LICITATION, OFFER AND AWARD

1 original 1 copy

• SECTION B – SUPPLIES OR SERVICES AND

PRICES/COSTS: Price Proposal / CONTRACT

PRICE.

• COMPLETED SECTION K

Volume 2 - Title No. of Copies Technical Proposal ( to include all elements specified in the Statement of Work and subsequent attachments):

1 original 1 copy

(b) The complete offer shall be submitted in hard copy format to the address indicated at Block 9 of Stand-ard Form SF-1449, if mailed, or the address set forth below, if hand-delivered:

American Consulate General Regional Procurement Support Office [RPSO] Solicitation No. SGE500-16-R-0010 – Hannelore Godecki Wetzlarer Strasse (CAC 4, Personnel Entrance) D-60435 Frankfurt, Germany

Tel: +49-69-7535-3345 or +49-69-7535-3300

Those delivering packages by hand should inform the guards to call extensions 3345 or 3300. RPSO staff shall then personally appear at the gate and accept the package(s). The guards themselves at CAC 4 are not author-ized to accept any documents.

(c) Any deviations, exceptions, or conditional assumptions taken with respect to any of the instructions or re-quirements of this solicitation shall be identified and explained/justified in the appropriate volume of the offer.

L.5.4 DETAILED INSTRUCTIONS

L.5.4.1 Proposals that are missing a significant amount of the required information may be determined to be non-responsive and eliminated from consideration at the Government's discretion.

L.5.4.2 VOLUME 1:

(a) Standard Form 1449 - Complete blocks 17 a) and b), 21, 22, 23, 24, 30 a), b) and c).

(b) Section B - Complete Section B3

(c) - reserved

(d) Section K, completed Representations, Certifications and other Statements of Offerors or Respondents and other certifications.

(e) Provide proof of SAM Registration;

(f) Provide proof of DUNS number Registration

L.5.4.3 VOLUME 2: TECHNICAL PROPOSAL.

(A) PRELIMINARY WORK PLAN: A preliminary work plan that identifies all critical milestones, start and completion dates with dependencies established.

(B) STAFFING PLAN: The contractor will present an Afghan national team to implement this program, including key personnel who meet the requirements in section 4.2 of the Statement of Work.

The Contractor shall provide all of the following required information for all key personnel:

1. Name of Individual, Date of Birth, Nationality;

2. Language proficiency;

3. Role on this specific project (for example Project Manager, QC Manager).

4. Describe the Individuals experience in the location where the work is to be performed.

5. List experience relevant to the type of work required by this contract in chronological order, listing most recent experience first. Include following information with each experience listed:

i. Employing Firm

ii. Project Title and description, highlighting similarities to work required by this contract

iii. Value of the project (US Dollars)

iv. Start and end date (month/year) of this individual’s involvement on the project

v. Individual’s responsibilities on the project

vi. Customer point of contract.

(C) MANAGEMENT INFORMATION: – Provide the following:

1. Company profile including a list of names, addresses and telephone numbers of the owners, partners, and principal officers of the Offeror;

(D) PAST PERFORMANCE AND EXPERIENCE: - Submit a list of three relevant contracts that clearly demonstrate prior experience in similar projects, that were;

• Similar in magnitude (US$ amount).

Provide the following information for each contract or project and describe:

1. Customer's name, address, and telephone numbers of customer's lead contract and technical personnel;

2. Contract value, number and type;

3. Date of the contract award place(s) of performance, and completion dates;

4. The contractors ability to perform all services for the development of the project documents and comple-tion of the implementation; resolve difficult developmental/implementational problems;

5. Brief description of the work, including responsibilities;

6. Comparability to the work under this solicitation;

7. Brief discussion of any major technical problems and their resolution;

8. Method of acquisition (fully competitive, partially competitive, or noncompetitive), and the basis for award (cost/price, technical merit, etc.);

9. Any terminations (partial or complete) and the reason (convenience or default).

10. If any problems were encountered during the project, the offeror shall provide an explanation of problems and the corrective action taken.

11. For any of the projects submitted, provide a written performance evaluation executed at the completion of the project, if available. If not in English, please provide a courtesy translation in English.

If more than three (3) projects are submitted, only the three (3) most recent will be evaluated. The projects may be contracts for the U.S. Government or other clients.

No more than 2, one sided, A4 pages of written material shall be submitted for each project.

(E) CERTIFICATION AND DATA ON CONTRACTOR’S RECRUITMENT OF NON-

PROFESSIONAL THIRD COUNTRY NATIONALS (TCNs).

(i) Notwithstanding the submission in Volume 1, submit completed Sections K, as required in this Section of Volume 2.

L.5.4.4 RELATIONSHIP BETWEEN INSTRUCTIONS AND EVALUATION

Your attention is directed to the functional relationship between Sections L and M of this solicitation. Section L provides information for the purpose of organizing the proposal and is not intended to be all-inclusive. Section M describes evaluation factors for award. Since the Government evaluation of proposals will cover areas identi-fied in Section M, proposals should address all such areas of evaluation.

L.6 – reserved.

L.7 – reserved.

L.8 PROPOSAL DUE DATE

The proposals shall be delivered in a sealed package marked “PROPOSAL SGE500-16-R-0010, no later than 1500 hours Central European Time (CET) on Monday, March 7, 2016.

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