SGE50016R0067.pdf

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

SGE50016R0067 X SEALED BID (IFB)

NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

08/15/2016

6. REQUISITION/PURCHASE NUMBER

CODE: FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

7. ISSUED BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

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

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

SOLICITATION

__e-mail__ until 23.59 East Coast time, Friday, September 16, 2016 ____

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

9. Sealed offers in original and __1__ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in

10. FOR

INFORMATION

E-MAIL:

A. NAME

Chris Heck

B. TELEPHONE (NO COLLECT

CALLS)

C. E-MAIL ADDRESS

heckc@state.gov

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

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

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1-2 X I CONTRACT CLAUSES 17-38

X B SUPPLIES OR SERVICES AND PRICES/COSTS 3-5 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/SPECS./WORK STATEMENT 6-7 X J LIST OF ATTACHMENTS 38

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 8-9 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

39-50

X F DELIVERIES OR PERFORMANCE 9-10

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 51-56X G CONTRACT ADMINISTRATION DATA 10-12

X M EVALUATION FACTORS FOR AWARD 57-59X H SPECIAL CONTRACT REQUIREMENTS 12-17

OFFER (Must be fully completed by offeror)

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

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

12.

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

52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDER DAYS(%)

0.00 %

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

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

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

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

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

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

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

ITEM

CODE:24. ADMINISTERED BY (if other than Item 7) CODE: MULTISEE25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

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

SGE50016R0067

001 BASE YEAR - INTERNET PROVIDER SERVICES

see Attachment 1 for detailed specifications

1.00 YR

(Start to End) Date FOB:

11/15/2016 to 11/14/2017 Destination

1001 FIRST OPTION YEAR - INTERNET PROVIDER SERVICES

see Attachment 1 for detailed specifications

1.00 YR

(Start to End) Date FOB:

11/15/2017 to 11/14/2018 Destination

2001 SECOND OPTION YEAR - INTERNET PROVIDER

SERVICES

see Attachment 1 for detailed specifications

1.00 YR

(Start to End) Date FOB:

11/15/2018 to 11/14/2019 Destination

3001 THIRD OPTION YEAR - INTERNET PROVIDER

SERVICES

see Attachment 1 for detailed specifications

1.00 YR

(Start to End) Date FOB:

11/15/2019 to 11/14/2020 Destination

4001 FOURTH OPTION YEAR - INTERNET PROVIDER

SERVICES

see Attachment 1 for detailed specifications

1.00 YR

(Start to End) Date FOB:

11/15/2020 to 11/14/2021 Destination

SGE50016R0067

Line Item Summary

Solicitation Number:

SGE50016R0067

Contract Number: Title: Baghdad, Internet Provider Services

Date of Solicitation:

08/15/2016

Line Item No. Description Quantity Unit Unit Price Total Cost

SGE50016R0067 Baghdad, Iraq Internet Services Provider (ISP) Page 3 of 59

SECTION B

SUPPLIES OR SERVICES AND PRICES / COSTS

B.1 BACKGROUND / SCOPE OF SERVICES

The purpose of this firm fixed unit-price IDIQ contract is to acquire Internet

Services Provider (ISP) services on behalf of the American Embassy Baghdad, Iraq as described in the Statement of Work (SOW). The contract consists of one base year and four individual option years which may be exercised by modification to the contract. Including option years in the solicitation does not obligate the USG (United States Government) to exercise one or all option years.

If determined to be in its best interest, the USG may award more than one contract, e.g. for specific regions.

B.2 TYPE OF CONTRACT

This is an Indefinite Delivery / Indefinite Quantity (IDIQ) type contract with fixed unit prices under which annual firm fixed unit price task orders will be issued.

The fixed prices for the services are specified in Attachment 2 – Pricing. All quantities are reasonable estimates per year based on past experience. They do not obligate the USG to order those quantities.

As per FAR 52.216-22, "INDEFINITE QUANTITY," the minimum and maximum amounts for this indefinite quantity contract shall be any quantity or combination of supplies and services equal to the amount (s) set forth below. The US Government (USG) makes no guarantee as to the number of orders or actual amount of services that may be requested above the guaranteed minimum value for the life of the contract.

The minimum for this indefinite delivery, indefinite quantity contract is US$5,000.00 (or equivalent in local currency) for the base and all option periods (combined).

The maximum for this indefinite quantity contract (if the USG exercises all options) shall be any quantity or combination of supplies and services with a contract value of US$9,500,000.00 (or equivalent in local currency).

The contract shall remain unfunded. The contracting office shall issue the contractor separate funded delivery orders per requirement / location.

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B.3 EFFECTIVE DATE: It is anticipated that this contract will be effective on

November 15, 2016 or as near as possible to that date.

B.4 PRICES / TAXES / INSURANCE

a. The contractor shall complete all work, including furnishing all labor, material, equipment and services, unless otherwise specified herein, required under this contract for the firm fixed unit prices indicated below and within the time specified herein. The prices entered into Attachment 2 – Pricing shall include all costs for labor, materials, profit, and, if applicable, value added tax (VAT).

Any costs not separately priced will be considered to be included in the individual delivery order prices as overhead or other indirect cost. 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 of achieving the results required by this contract. Nor will the DO prices be adjusted on account of fluctuations in the currency exchange rates.

Changes in the individual DO prices or time to complete will be made only due to changes made by the Government, by delays caused by the USG as determined and approved by the Contracting Officer, or by mandatory changes by the host country government.

The currency shall be fixed and cannot be changed by modification to the contract. The only reimbursable item shall be the VAT (Value Added Tax) or local equivalent if applicable.

b. VAT – If applicable, the contractor shall be responsible for paying to the appropriate authority the applicable rate of Value Added Tax (VAT) or local equivalent. Offerors shall identify the VAT as a separate line item. The VAT shall also be a separate cost item on all invoices submitted against task orders under the resulting contract. The contractor will be reimbursed for VAT only up to the amount listed in each task order and upon presentation of proof that VAT has been paid to the host country government. If the contractor receives a VAT refund from the host government he shall re-pay the refund amount to the USG.

The contract price includes all applicable Feder, State, and local taxes and duties.

c. Defense Base Act (DBA) Insurance – DBA insurance is required in accordance with FAR clauses 52.228-3 and 52.228-4 contained in Section 2. DBA Insurance shall be obtained from any U.S. Department of Labor (DOL) authorized DBA insurance broker. DBA insurance cost will be evaluated as part of the total evaluated fixed price and included in the fixed price of the contract. The contractor will be required to provide evidence of insurance within 15 calendar days from the date of award. The list of DOL-authorized carriers is available at:

http://www.dol.gov/owcp/dlhwc/lscarrier.htm http://www.dol.gov/owcp/dlhwc/lscarrier.htm

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d. The Department of State Task Identification Number is

DOS 54-1352940.

B.5 CONTRACT PRICING OVERVIEW

Offeror, insert the currency of prices offered __________________

Offerors shall insert the unit prices into the pricing schedule provided as Attachment 2.

CLIN Contract Period Estimated Total Price

001 BASE YEAR

November 15, 2016 through November 14, 2017

1001 FIRST OPTION YEAR

November 15, 2017 through November 14, 2018

2001 SECOND OPTION YEAR

November 15, 2018 through November 14, 2019

3001 THIRD OPTION YEAR

November 15, 2019 through November 14, 2020

4001 FOURTH OPTION YEAR

November 15, 2020 through November 14, 2021

SUBTOTAL

TAXES, if any (add type and percentage in B.6 below)

ESTIMATED CONTRACT TOTAL

B.6 Type / Name of Tax

Percentage

B.7 Currency of the offer is (offerors please complete) ___________________.

B.8 For the purpose of calculating annual estimated totals only, the US Government shall add all prices of all Mbps options offered in Attachment 2.

END OF SECTION B

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SECTION C

DESCRIPTION / SPECIFICATION / WORK STATEMENT

C.1 INCORPORATION OF CONTRACTOR’S TECHNICAL PROPOSAL

a. The contractor shall perform this contract in accordance with its technical proposal dated [DATE to be added by RPSO at the time of award] and any revisions thereto submitted in response to Solicitation SGE50016R0067.

b. The contractor’s technical proposal is incorporated by reference and hereby made subject to the provisions of FAR 52.215-8 ORDER OF PRECEDENCE in SECTION I of this contract. Under this clause, the contractor’s technical proposal shall follow ‘the specifications’ in the order of precedence.

c. The complete specifications / Work Statement are provided as Attachment 1.

C.2 GENERAL ABBREVIATIONS / DEFINITIONS

Specific / Technical Abbreviations are listed in Attachment 1.

Acronym Definition

Calendar Day The twenty-four hour period from midnight to midnight. Saturdays, Sundays and all holidays are considered calendar days

CLIN Contract Line Item Number

CO

Contracting Officer

COR

Contracting Officer Representative (Amman Human Resources Officer)

A / COR The Alternate Contracting Officer's Representative.

This person will take over the COR’s responsibilities and duties during the COR’s absence.

Employer The United States Government = USG

FMO Financial Management Officer = paying office

GSO

Officer in charge of the General Services Office at post

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LS

Lump Sum

Ordering Officer

The officer designated by the Contracting Officer to place the order of the U.S. Post.

QA

Quality Assurance

QC

Quality Control

QCP

Quality Control Plan

QTY

Quantity

Services

The services performed, workmanship, and material furnished or utilized in the performance of the services

SOW

Statement of Work

TBD

To be determined

USG

U.S. Government

END OF SECTION C

SECTION D

PACKAGING AND MARKING

Not applicable.

END OF SECTION D

SPACE DELIBERATELY LEFT BLANK

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SECTION E

INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these address(es):

Referenced FAR provisions and clauses can be obtained from:

http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html#wp340 Referenced DOSAR provisions and clauses can be obtained from:

http://www.statebuy.state.gov/dosar/fullscreen.asp?menu_id=40 (note: click on 652 – 653 sub-chapter, Click on 652 and then scroll down)

52.246-2 INSPECTION OF SUPPLIES – FIXED-PRICE AUG 1996

52.246-4 INSPECTION OF SERVICES – FIXED-PRICE AUG 1996

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

The following paragraphs are listed with their titles only. The text / requirements are listed as part of Attachment 1 – SOW.

E.2 PERFORMANCE DEFICIENCY

E.3 INTERNET AVAILABILITY AND PAYMENT REDUCTION FOR DOWNTIME

CREDITS

E.4 QUALITY ASSURANCE – NON-PERFORMANCE CHARGES

E.5 INSTALLATION

E.6 NETWORK MANAGEMENT

E.7 WIRED AND WIRELESS INFRASTRUCTURE

http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html%23wp340130

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E.8 UPGRADES

E.9 BANDWIDTH MANAGEMENT AND TESTING

E.10 REGULAR REPORTING AND METRICS

END OF SECTION E

SECTION F

DELIVERIES OR PERFORMANCE

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

force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these address(es):

Referenced FAR provisions and clauses can be obtained from:

http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html#wp340 Referenced DOSAR provisions and clauses can be obtained from:

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

F.2 PERIOD OF PERFORMANCE

F.2.1 The performance period of this contract shall start as early as possible but not later than Nobember 15, 2016 and continue for twelve months thereafter, with four separate one-year options. Option years, if exercised, shall be for twelve

(12) months each, commencing at the expiration of the previous period of performance.

F.2.2 The Government may extend this contract in accordance with the option clause in Section I, FAR 52.217-9, Option to Extend the Term of the Contract – Deviation, which also specifies the total duration of this contract.

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F.2.3 Notwithstanding the expressed contract expiration date, this contract shall remain in full force and effect until the last items or services ordered hereunder have been delivered and accepted by the Government.

F.3 The deliverables schedule is included in Attachment 1 – SOW

END OF SECTION F

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 652.242-70 – CONTRACTING OFFICER’S REPRESENTATIVE (COR) (AUG

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 shall be determined for each task order (TO).

G.2 SUBMISSION OF INVOICES

Invoices shall be issued monthly on the 5th work day. Value Added Tax (VAT), if applicable, shall be a separate line item on each invoice.

The contractor shall e-mail the invoice as a pdf document to the COR as per the instructions in the individual TOs. The COR will review the invoice and, if it’s correct, forward it to FMC for payment. If there are mistakes, the COR shall inform the contractor which corrections are required.

Each invoice shall include the below items.

(i) Name and address of the contractor;

(ii) Invoice date and number;

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(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Terms of any discount for prompt payment offered;

(vi) Name and address of official to whom payment is to be sent;

(vii) Name, title, and phone number of person to notify in event of defective invoice; and

(viii) Taxpayer Identification Number (TIN) if applicable.

(ix) Electronic funds transfer (EFT) banking information.

Payment shall be made in the currency the contractor specified in Section B, Prices.

ADVANCE PAYMENT shall not be authorized under this contract.

G.3 FUNDING / TASK ORDERS / PROCEDURES

a. In accordance with FAR 52.216-18 “ORDERING,” the following individuals and activities are authorized to issue delivery orders or task orders hereunder: RPSO contracting officers.

b. The contract remains unfunded; funding will be provided by issuing separate

Task Orders (TOs) for each requirement. Each TO will contain the following information:

• Name of contractor

• Contract number

• Date of purchase

• Task order number

• Name of person placing the order

• Quantity, unit price, and total price of each item or service, less applicable discounts

• VAT or other taxes as a separate item, if applicable

• COR including e-mail address

• applicable contract clauses, either in reference or in full text if necessary

c. Issuance of orders by e-mail is authorized in accordance with FAR 52.216-18

“ORDERING”.

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G.4 CONTRACT ADMINISTRATION DATA

Contracting Officer: Tandra A. Jones

Contract Administrator: Chris Heck E-mail address: HeckC@state.gov

Contracting Officer's Representative (COR): to be named per separate task order

G.5 Authority of the 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 authorized representatives to act for the contracting officer, as specifically provided in the designation of that individual, such as the COR.

END OF SECTION G

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES – The contractor shall inform the contracting officer of any actual or potential labor dispute that is delaying or threatening to delay the timely performance of this contract / the delivery order issued against it.

H.2 LAWS, REGULATIONS AND INSURANCE

a. Compliance Required – The contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of a possible host country, and with the lawful orders of any governmental authority having jurisdiction.

b. Labor, Health and Safety Laws and Customs – The contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

mailto:HeckC@state.gov

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c. As there are no compensation or insurance media in Iraq, workers compensation insurance (as per DOSAR 652.228-71 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) – SERVICES (Feb 2015), see Section K for the full clause and instructions) is mandatory for all employees working on a USG contract.

d. A contract with the USG conveys no special privileges or immunities to the contractor. The contractor is an independent commercial concern and not a part of the U.S. mission. The contractor's employees are not USG employees.

Registration of this contract with the host country government, if required by law, will be the sole responsibility of the contractor, and any fees, taxes, or other duties shall be payable by the contractor without recourse to the USG of the amounts thereof.

H.3 CHOICE OF LAW – This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

H.4 COMMERCIAL WARRANTY – The contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable commercial warranties the contractor gives to any customer for such supplies or services. The rights and remedies provided herein are in addition to and do not limit any rights afforded to the USG by any other clause of this contract.

H.5 CONTINUATION OF CONTRACT – Notwithstanding the expressed contract expiration date, this contract shall remain in full force and effect until the last supplies or services ordered hereunder have been delivered and accepted by the Government.

H.6 SECURITY AND VETTING

a. SECURITY – This contract does not require access to classified areas for contract performance. In accordance with DOS policies, the contractor shall ensure that all personnel meet the approved criteria and satisfactorily complete all screening and selection process requirements prior to contract performance.

The contractor needs to follow their own internal vetting process to ensure there is a reasonable expectation that their employees can obtain the Public Trust certification necessary for contract performance.

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The contractor shall ensure that all personnel assigned in support of task orders issued under this contract are trained and indoctrinated in the absolute requirement to maintain and be sensitive to operational security at all times.

b. SECURITY VETTING OF CONTRACTOR PERSONNEL – All contractor personnel performing on this contract and subsequent task orders shall possess a Moderate Risk Public Trust (MRPT) Certification or be vetted by the host country Regional Security Office (RSO), prior to contract / task order performance.

Moderate Risk Public Trust (MRPT) Certifications will be conducted by the

Bureau of Diplomatic Security (DS/SI/PSS). All U.S. citizen contractor personnel and all Third Country National (TCN) contractor personnel must possess a favorable MRPT certification.

Those contractor personnel who require Public Trust certifications shall not perform on this contract or subsequent task orders until their Public Trust certification have been issued. If possible, an interim Public Trust certification will be issued. An interim Public Trust certification is acceptable for initial contract performance. If, at any time, the Interim public trust certification is withdrawn, the contractor employee must be removed from contract / task order performance immediately and at no cost to the Government until such time as a final favorable determination has been made.

All Local National (LN) contractor personnel shall be vetted in accordance with the host country RSO Office's policies prior to contract / task order performance.

Embassy Baghdad RSO will advise the contractor of the documentation required to vet LN personnel.

c. MODERATE RISK PUBLIC TRUST (MRPT) CERTIFICATION PROCESSING

The contractor shall obtain approval from the Program Office for all contractor personnel requiring MPRT Certification, as applicable. The Approval Notification / Bio Approval made by the Program Office to the contractor shall be made part of the MRPT Certification package (security package) submitted to DS/IS/IND. A security package that does not include the notification will be considered incomplete and will be cause for rejection of the submission.

The contractor shall ensure that all required personnel complete all related forms necessary to process the MRPT Certification. The Electronic Questionnaires for Investigations Processing (e-QIP) system shall be utilized for all contractor personnel that require MRPT certification for contract / task order performance.

All required documentation shall be submitted to DS/IS/IND in English and must be readable.

DS/IS/IND shall provide contractor security personnel guidance and training for the submission of security packages. Contractor personnel requiring MRPT certification shall be initiated for processing as quickly as possible; however, submission of security packages will not be accepted without the Program Office Approval Notification, if required, as noted above.

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The following forms and documentation are required for each employee submitted for MRPT Certification processing. The USG reserves the right to require the use of different forms if deemed necessary. The contractor will be advised if the use of different forms is required. DS/IS/IND will advise the contractor to submit any additional documentation, as necessary.

• Standard Form 85P/PS (SF-85P/PS) Questionnaire for Public Trust

Positions completed via e-QIP

• SF-85P/PS e-QIP Certification and Release of Information signature pages

• Fingerprint Cards (FD258): Provide two (2) completed cards

• Signed DS-4002 Credit Release form

• Proof of citizenship

• Applicant Itinerary

• Bio Approval Notification from Program Office (as applicable)

• DD Form 214Certificate of Release of Discharge from Active Duty or equivalent (as applicable)

• Family Biographical Sketch (as applicable)

• Kuwaiti Ministry of Foreign Affairs (MFA) Civil ID Number (as applicable)

• National ID Card (copy of front and back of card) (as applicable)

• Other Country Release of Information Forms (as applicable)

• Police Certificate of Good Conduct or Police Clearance Certificate

(Ugandan and Kenyan applicants only) (as applicable)

The contractor shall submit the required forms in the most expeditious manner possible to:

Industrial Security Division Bureau of Diplomatic Security, DS/IS/IND, SA-20 1801 North Lynn Street Arlington, Virginia 22209

d. OFFICE OF PERSONNEL MANAGEMENT (OPM) PORTAL ACCESS – OPM Portal access shall be granted through DS/IS/IND. Contractor personnel requiring access to the OPM Portal for the purpose of processing employees through the e-QIP system must be a U.S. citizen and will require a minimum of a Moderate Risk Public Trust (MRPT) Certification prior to being granted OPM Portal access. All training for the OPM portal and e-QIP system shall be accomplished by DS/IS/IND.

e. TERMINATIONS, RESIGNATIONS AND CANCELLATIONS – The contractor

(and its subcontractors) shall notify the CO, COR, Program Office and DS/IS/IND when an employee or subcontractor employee is terminated or resigns and is no longer performing on the contract, so the individual’s access can be cancelled and, if an investigation is still pending, the investigation can be cancelled.

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f. ADVERSE INFORMATION – The contractor (and its subcontractors) shall immediately submit to the CO, COR, Program Office and DS/IS/IND a complete and detailed report of any adverse information pertaining to any employee or subcontractor employee assigned to this contract, in any capacity.

H.7 PHYSICAL AND INFORMATION SECURITY REQUIREMENTS

a. The contractor shall be responsible for safeguarding all government information provided for contractor use. The contractor will allow only the necessary employees to have access to the information provided by the government. All material produced for U.S. Embassy Kabul will be the sole property of the U.S.

Government. The contractor shall not release any concepts, material in production, or produced material to anyone, unless authorized by the U.S.

Government.

b. The contractor shall immediately report any and all occurrences of personnel outside their agency inquiring about personnel and work being completed with the U.S. Embassy Kabul to the COR, GTM or contracting officer. All relevant personally identifiable information (PII) shall not be provided to anyone person or any entity outside the U.S. Mission in Afghanistan.

H.8 INFORMATION LOSS OR INCIDENT – Provided in Attachment 1 – SOW.

H.9 DOCUMENTATION – Provided in Attachment 1 – SOW.

H.10 POWER AND CLIMATE CONTROL – Provided in Attachment 1 – SOW.

H.11 STANDARDS OF CONDUCT – The contractor shall maintain satisfactory standards of employee competency, conduct, and appearance and shall be responsible for taking such disciplinary action with respect to employees as may be necessary.

The following are considered disorderly conduct and shall lead to the immediate removal of any employee.

a. drinking (or arriving drunk), even if offered, on the job;

b. smoking in or within 20 meters of any Government buildings or residences;

c. use of abusive or offensive language, quarreling, intimidation by words, actions, fighting;

d. use / being under the influence of intoxicants and narcotics; or

e. request or accept any articles or currency as a gratuity for work performed under this contract.

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In cases where the contractor is required to remove personnel as a result of misconduct of the contractor or its employee (such as, but not limited to criminal activity, security violation) the contractor will be required to assume full responsibility and bear all expenses and costs associated with the prompt removal of any offending employee and all costs associated with providing a suitable replacement. The USG denies all costs associated with such actions

H.12 TRANSITION PLAN AND NOTIFICATION – If there is a change in contractor or if the operation reverts to in-house, the incumbent contractor shall provide familiarization to the follow-on contractor or the USG, whichever the case may

be. During the familiarization period, the incumbent shall be fully responsible for the complete transfer of operations.

H.13 USG RIGHTS – The USG reserves the right to conduct site visits in all contractor operated facilities in conjunction with the solicitation of offers for the follow-on contract. In the event the follow-on contract is awarded to other than the incumbent, the incumbent contractor shall cooperate to the extent required to permit an orderly change over to the successful contractor.

H.14 GOVERNMENT FURNISHED EQUIPMENT – NONE

END OF SECTION H

SECTION I

CONTRACT CLAUSES

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

force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these address(es):

Referenced FAR provisions and clauses can be obtained from:

http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html#wp340 Referenced DOSAR provisions and clauses can be obtained from:

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The following FAR and DOSAR clauses are incorporated by reference:

CLAUSE TITLE DATE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2012

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015

52.203-17 Contractor Employee Whistleblower Rights and Requirements to

Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

OCT 2015

52.209-6 Protecting the Government’s Interest when Subcontracting with

Contractors Debarred, Suspended or Proposaed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters

JUL 2013

52.211-5 Material Requirements AUG 2000

52.215-2 Audit and Records – Negotiations OCT 2010

52.215-8 Order of Precedance – Uniform Contract Format OCT 1997

52.215-14 Integrity of Unit Prices OCT 2010

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52.215-19 Notification of Ownership Changes OCT 1997

52.222-19 Child Labor – Cooperation with Authorities and Remedies FEB 2016

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-14 Inconsistency between English Version and Translation of Contract FEB 2000

52.229-6 Taxes – Foreign Fixed-Price Contracts FEB 2013

52.232-1 Payments APR 1984

52.232-11 Extras APR 1984

52.232-17 Interest MAY 2014

52.232-23 Assignment of Claims MAY 2014

52.232-33 Payment by Electronic Funds Transfer – System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes (May 2014) Alternate I DEC 1991

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 JUL 1995

52.243-1 Changes – Fixed Price – Alternate II (Apr 1984) AUG 1987

52.243-7 Notification of Changes APR 1984

52.244-6 Subcontracts for Commerical Items JUN 2016

52.246-18 Warranty for Supplies of a Complex Nature MAY 2001

52.246-20 Warranty for Services MAY 2001

52.246-25 Limitation of Liability FEB 1997

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52.248-1 Value Engineering OCT 2010

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

652.216-70 Ordering – Indefinite-Delivery Contract APR 2004

652.225-71 Section 8(a) if the Export Administration Act of 1979, as Amended AUG 1999

652.229-71 Personal Property Disposition at Posts Abroad AUG 1999

652.242-73 Authorization and Performance AUG 1999

The following clauses are provided in full text:

52.204-13 – SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

a. Definition. As used in this clause--

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

“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 suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM 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 Contractor 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 Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact 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 Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

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(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

b. The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

c. (1)

(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support he legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the

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Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted—

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor 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.

d. Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

52.204-21 – BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUNE 2016)

a. Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

http://fedgov.dnb.com/webform https://www.acquisition.gov/

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“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

b. Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems.

Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

http://uscode.house.gov/

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(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

c. Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.216-18 – ORDERING (OCT 1995)

a. Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of award through 30 days after expiration of the contract.

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

c. If mailed, a delivery order or task order is considered “issued” when the

Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 – ORDER LIMITATIONS (OCT 1995)

a. Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000 or local currency equivalent, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

1. Any order for a single item in excess of $ 2 million or local currency equivalent;

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2. Any order for a combination of items in excess of $ 5 million or local currency equivalent; or

3. A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

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

d. Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 working days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 – INDEFINITE QUANTITY (OCT 1995)

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

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

c. Except for any limitations on quantities in the Order Limitations clause or in the

Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

d. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided that the contractor shall not be required to make any deliveries under this contract after six months following its expiration.

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52.217-8 – OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract.

52.217-9 – OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

a. The Government may extend the term of this contract by written notice to the

Contractor within the performance period of the contract or within 30 days after funds for the option year become available, whichever…