Draft_SWHARC15R0005.pdf

DoS RFP SWHARC15R0005 Part I – The Schedule Section B – Supplies or Services and Prices/Costs

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TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. GENERAL

B.2. TYPE OF CONTRACT

B.3. MINIMUM AND MAXIMUM CONTRACT AMOUNTS

B.4. FIXED FULLY-LOADED HOURLY LABOR RATES

B.5. TRAVEL COSTS

B.6. POST HARDSHIP DIFFERENTIAL PAY AND DANGER PAY

B.7. DEFENSE BASE ACT (DBA) INSURANCE

B.8. OVERTIME

B.9. SELECTED COST/PRICE-RELATED LAWS

B.10. ADVANCE UNDERSTANDING

SECTION C – DESCRIPTIONS/SPECIFICATIONS/WORK STATEMENT

C.1. SCOPE OF SERVICES

C.2. GENERAL PERFORMANCE AREAS

C.3. QUALIFICATIONS OF CONTRACTOR PERSONNEL

C.4. OTHER PERSONNEL REQUIREMENTS

C.5. NOTICE TO GOVERNMENT OF LABOR DISPUTES

C.6. CONTRACT TRANSITION

C.7. INCORPORATION OF CONTRACTOR'S TECHNICAL PROPOSAL

C.8. SYSTEMS OF RECORDS ON INDIVIDUALS

C.9. CONTRACT ADMINISTRATION

C.9.1. MEETINGS

C.9.2. PROGRAM OFFICE MEETINGS

C.9.3. CONTRACT POST-AWARD ORIENTATION

C.9.4. SUBCONTRACTING REPORTS

C.9.5. MONTHLY PROGRESS REPORT

C.9.6. CONTRACTOR PERFORMANCE EVALUATIONS IN CPARS

SECTION D – PACKAGING AND MARKING

D.1. PRESERVATION, PACKAGING, PACKING, AND MARKING

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D.2. DATA MARKING

D.3. SOFTWARE AND MAGNETIC MEDIA MARKING

D.4. MARKING OF REPORTS

D.5. PACKING LIST(S)

D.6. WARRANTY NOTIFICATION

SECTION E – INSPECTION AND ACCEPTANCE

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

E.2. CLAUSES INCORPORATED BY REFERENCE

E.3. INSPECTION AND ACCEPTANCE

E.4. GOVERNMENT INSPECTION AND EVALUATION

E.5. CONTRACTOR QUALITY CONTROL

E.6. GOVERNMENT QUALITY ASSURANCE

SECTION F – DELIVERIES OR PERFORMANCE

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

F.2. CLAUSES INCORPORATED BY REFERENCE

F.3. IDIQ CONTRACT ORDERING PERIOD

F.4. TASK ORDER PERIOD OF PERFORMANCE

F.5. PLACE OF PERFORMANCE

F.6. TIME OF PERFORMANCE

F.7. DELIVERABLES

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. GENERAL

G.2. DESIGNATION OF ADMINISTRATIVE CONTRACTING OFFICE

G.3. ROLES AND RESPONSIBILITIES

G.4. ADVERTISING AND MARKETING

G.5. RESERVED

G.6. ORDERING PROCEDURES

G.7. TASK ORDER PROPOSAL REQUEST

G.8. SUBCONTRACTORS

G.9. PAYMENT

G.10. RPSO FLORIDA INVOICE INSTRUCTIONS

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G.11. EXPANDED INVOICE INSTRUCTIONS

G.12. EVALUATION OF INVOICES AND PAYMENT

G.13. CURRENCY OF PAYMENTS

G.14. FINAL INVOICE

G.15. NONDISPLACEMENT OF QUALIFIED WORKERS

G.16. QUICK-CLOSEOUT PROCEDURES

G.17. ORDER OF PRECEDENCE

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. GOVERNING LAW

H.2. LAWS AND REGULATIONS

H.3. ENVIRONMENTAL WASTE REPORT

H.4. LICENSES, BONDS AND PERMITS

H.5. LANGUAGE PROFICIENCY

H.6. INSURANCE

H.7. PERSONNEL

H.7.1. KEY PERSONNEL

H.7.1.1 CONTRACT MANAGER

H.7.1.2 PROGRAM MANAGER

H.7.2. EMERGENCY PERSONNEL

H.7.3. CONTACT INFORMATION FOR SENSITIVE/OPERATIONAL POSITIONS

H.8. CONTRACTOR TRAINING

H.9. GOVERNMENT-FURNISHED EQUIPMENT AND SPACE (ON-SITE)

H.10. GOVERNMENT-FURNISHED PROPERTY (GFP)

H.11. GOVERNMENT-FURNISHED DATA

H.12. SECURITY REQUIREMENTS

H.12.1. GENERAL

H.12.2. ASSIGNMENT OF CONTRACTOR PERSONNEL

H.12.3. MODERATE RISK PUBLIC TRUST (MRPT) CERTIFICATION PROCESSING

H.13. DEPARTMENT ACCESS FOR NON-U.S. CITIZENS

H.14. LOCAL HOST COUNTRY SUBCONTRACTOR(S) AND PERSONNEL

H.15. POTENTIAL FOREIGN SUBCONTRACTORS

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H.16. CONTRACTOR BADGES AND KEY CONTROL

H.16.1. GENERAL

H.16.2. KEY AND BADGE CONTROL

H.17. CONTRACTOR IDENTIFICATION

H.18. STANDARDS OF CONDUCT

H.19. REMOVAL FROM DUTY

H.20. ORGANIZATIONAL CONFLICT OF INTEREST (GENERAL)

H.21. SAFEGUARDING INFORMATION

H.22. DOCUMENT CONTROL

H.23. OPERATION OF GOVERNMENT VEHICLES

H.24. INSURANCE FOR OVERSEAS TRAVEL

H.25. RECRUITMENT OF THIRD COUNTRY NATIONALS (TCNS) FOR PERFORMANCE ON DEPARTMENT

OF STATE CONTRACTS (DECEMBER 4, 2014)

H.26. TECHNICAL DIRECTION

H.27. CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONS

H.28. FOREIGN INCOME TAXES

H.29. UTILIZATION OF GOVERNMENT SOURCES OF SUPPLY

H.30. EXPORT RESTRICTIONS

H.31. INL SOURCE-NATIONALITY RESTRICTIONS

H.32. INCORPORATION OF ADDITIONAL CLAUSES AT THE TASK ORDER LEVEL

H.33. NOTICES

SECTION I – CONTRACT CLAUSES

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

I.2. CLAUSES INCORPORATED BY REFERENCE

I.3. FAR 52.216-18 -- ORDERING (OCT 1995)

I.4. FAR 52.216-19 -- ORDER LIMITATIONS (OCT 1995)

I.5. FAR 52.216-22 -- INDEFINITE QUANTITY (OCT 1995)

I.6. FAR 52.217-9 -- OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.7. FAR 52.219-18 -- NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)

I.8. FAR 52.223-7 – NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)

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I.9. FAR 52.222-35 – EQUAL OPPORTUNITY FOR VETERANS (JUL 2014)

I.10. FAR 52.222-35 – EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

I.11. FAR 52.228-7 Insurance -- Liability to Third Persons (Mar 1996) (DEVIATION)

I.12. FAR 52.243-7 – NOTIFICATION OF CHANGES (APR 1984)

I.13. FAR 52.246-20 – WARRANTY OF SERVICES (MAY 2001)

I.14. FAR 52.252-6 -- AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

I.15. DOSAR 652.204-70 -- DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY AND

PROCEDURES (FEB 2015)

I.16. DOSAR 652.219-71 -- SECTION 8(A) DIRECT AWARDS (AUG 1999)

I.17. DOSAR 652.237-72 -- OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB 2015)

I.18. DOSAR 652.242-70 -- CONTRACTING OFFICER’S REPRESENTATIVE (AUG 1999)

I.19. DOSAR 652.245-71 – SPECIAL REPORTS OF GOVERNMENT PROPERTY (FEB 2015)

I. 20. DFARS 252.228-7001 – GROUND AND FLIGHT RISK (JUN 2010)

I.21. DEFINITIONS - EMBASSY, DEPARTMENT, GOVERNMENT

SECTION J – LIST OF ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

K.1. FAR 52.204-8 -- ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

K.2. FAR 52.204-19 -- INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

K.3. FAR 52.209-7 -- INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

K.4. FAR 52.237-8 -- RESTRICTION ON SEVERANCE PAYMENTS TO FOREIGN NATIONALS (AUG 2003)

K.5. DOSAR 652.209-79 -- REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CRIMINAL CONVICTION UNDER ANY FEDERAL LAW. (DEVIATION)(SEPT 2014)

K.6. DOSAR 652.225-70 -- ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

K.7. ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION AND DISCLOSURE

K.8. AUTHORIZED NEGOTIATORS

K.9. CERTIFICATION

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR

RESPONDENTS

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L.1. FAR 52.252-1 -- SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.2. SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.3. FAR 52.216-1 -- TYPE OF CONTRACT (APR 1984)

L.4. FAR 52.215-20 -- REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA (OCT 2010) (ALTERNATE IV)

L.5. FAR 52.233-2 -- SERVICE OF PROTEST (SEP 2006)

L.6. FAR 52.252-5 -- AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

L.7. DOSAR 652.206-70 -- ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

L.8. DOSAR 652.228-70 -- DEFENSE BASE ACT – COVERED CONTRACTOR EMPLOYEES (FEB 2015)

L.9. DOSAR 652.245-70 – STATUS OF PROPERTY MANAGEMENT SYSTEMS (DEC 2013)

L.10. MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

L.11. OFFERS IN U.S. CURRENCY AND ENGLISH LANGUAGE

L.12. COMMUNICATION CONCERNING SOLICITATION

L.13. QUESTIONS REGARDING SOLICITATION

L.14. SUBMISSION OF PROPOSALS THROUGH THE FEDERAL BUSINESS OPPORTUNITY (FBO) WEBSITE

L.15. ELECTRONIC REFERENCE DOCUMENTS

L.16. DISCREPANCIES

L.17. PROPOSAL PREPARATION INSTRUCTIONS

L.17.1. GENERAL INSTRUCTIONS

L.17.2. SPECIFIC INSTRUCTIONS

L.17.2.1. VOLUME I – CONTRACT DOCUMENTATION

L.17.2.2. VOLUME II – BUSINESS

L.17.2.3. VOLUME III – PRICE

L.17.2.4. VOLUME IV – PAST PERFORMANCE

L.17.2.5. VOLUME V – TECHNICAL

L.18. NOTICE OF CHANGES

SECTION M – EVALUATION FACTORS FOR AWARD

M.1. FAR 52.252-1 - SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

M.2. SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

M.3. BASIS FOR CONTRACT AWARD

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M.4. NUMBER OF CONTRACTS TO BE AWARDED

M.5. COMPLIANCE WITH SOLICITATION REQUIREMENTS, TERMS AND CONDITIONS

M.6. USE OF SUPPORTING INFORMATION

M.7. PRE-AWARD SURVEY

M.8. SOLICITATION AMENDMENTS

M.9. USE OF NON-GOVERNMENT SUPPORT FOR EVALUATIONS

M.10. DISCUSSIONS

M.11. DEBRIEFINGS

M.12. DETERMINATION OF RESPONSIBILITY

M.13. EVALUATION FACTORS AND SUBFACTORS

M.14. FACTOR 1: TECHNICAL

M.15. FACTOR 2: PAST PERFORMANCE

M.16. FACTOR 3: PRICE

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SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. GENERAL

The mission of the United States Department of State’s Bureau for International Narcotics and Law Enforcement Affairs (INL) is to minimize the impact of international crime and illegal drugs on the United States, its citizens, and partner nations by providing effective foreign assistance and fostering global cooperation. The U.S. Embassy INL Section Bogota (in Colombia) is responsible for the administration of projects and funds provided by INL.

The Contractor shall provide professional, administrative, and support services to meet the performance objectives and business requirements of the U.S. Embassy INL Section Bogota.

This is a nonpersonal services contract, as defined by Federal Acquisition Regulation (FAR)

37.101. Inherently Governmental Services, as identified in FAR 7.503 or by the ordering agency, are prohibited under this contract. The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasks. The contractor shall manage its employees and guard against any actions that are of the nature of personal services or give the perception of personal services. The contractor shall notify the Contracting Officer (CO) immediately if they perceive any actions constitute personal services. These services shall not be used to perform any Inherently Governmental Functions (IGF).

B.2. TYPE OF CONTRACT

(a) This is a single-award indefinite-delivery, indefinite-quantity (IDIQ) contract, as defined in

Federal Acquisition Regulation (FAR) 16.504 (Indefinite-Quantity Contracts).

(b) This contract is for non-commercial items.

(c) The Government anticipates to award labor-hour and fixed-price task orders. However, the

Government reserves the right to award task orders utilizing any of the contract types, or a combination thereof, identified in FAR Part 16 (Types of Contracts).

B.3. MINIMUM AND MAXIMUM CONTRACT AMOUNTS

(a) Per FAR 52.216-22 "INDEFINITE QUANTITY," the minimum for this indefinite quantity contract shall be any quantity or combination of supplies and services equal to $100,000.

This guaranteed minimum covers the base year and all option years of the contract.

(b) The maximum for this indefinite quantity contract (including options) shall be any quantity or combination of supplies and services equal to $50,000,000.

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B.4. FIXED FULLY-LOADED HOURLY LABOR RATES

Table B.4. – Negotiated Labor Rates

Labor Category Hourly Labor Rate Labor Category Description As described in Attachment 2 As described in Attachment 2 As described in Attachment 1

(a) The labor rates identified in Table B.4 are fixed fully-loaded labor rates which include the following: an unloaded hourly labor rate, any labor-related direct costs (e.g., direct fringe benefits, direct bonuses), applicable indirect costs, and profit. For Local Nationals, it also consists of at least the minimum labor rate and minimum costs required by local labor laws. It does not consist of any other costs.

Any other costs that are part of the Contractor’s established compensation plan and consistent with FAR subpart 31.2 shall be allocated separately as an ODC (other direct cost) (under fixed-price and cost-reimbursement arrangements) or as a Material (under time-and-materials arrangements) at the task order level. Examples of such costs, if applicable, that shall be allocated separately as an ODC or Material, are post hardship differential pay and danger pay.

These negotiated rates are ceiling rates. Task order rates shall not exceed the basic contract ceiling rates. The Contractor shall propose these rates or discounted rates when negotiating labor-hour, time-and-materials, and fixed-price arrangements (i.e., task orders or line items in a task order) under this contract.

Any costs included in the negotiated fixed fully-loaded hourly labor rates shall not be charged elsewhere under this contract.

(b) The rates identified in Table B.4 are priced in United States currency.

(c) As separately identified in Attachment 2, the negotiated ceiling rates apply to:

1. Individuals who have legal status to work in the United States of America (e.g., United States citizens, United States resident aliens, and individuals with permits showing authorization to work in the United States); and

2. Local Nationals (i.e. individuals that are permanent residents and/or are citizens of Colombia).

(d) The rates identified in table B.4 apply to a normal workweek of 40 hours.

A normal workweek falls within a consecutive seven-day period. A normal workweek of 40 hours is based on routine performance of eight hours per day multiplied by five days per week. A normal workweek of 40 hours applies to performance in the continental

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United States (CONUS) and in Colombia. “CONUS” means the 48 contiguous states, Alaska, Hawaii, and the District of Columbia.

If the normal workweek for an individual task order differs from a 40-hour workweek, the Government will solicit and negotiate labor rates based on the normal workweek for the individual task order. Such negotiated rates will apply only to that task order, unless additionally negotiated into the contract.

(e) Each negotiated fixed fully-loaded hourly labor rate applies to all categories of employees, including permanent, temporary, full-time, and part-time.

(f) Any additional labor categories will be specified and their associated labor rates will be proposed and negotiated at the task order level. Additional labor categories and associated labor rates proposed and negotiated for an individual task order will apply only to that task order, unless additionally negotiated into the contract.

(g) For labor-hour arrangements and the time portion of time-and-materials arrangements, the Government will pay the negotiated fixed fully-loaded hourly labor rate minus ___% (to be inserted at award) attributable to profit for those hours the Contractor incurs when replacing or correcting services or materials [reference FAR 52.246-6 (Inspection – Time-and-Material and Labor-Hour)].

B.5. TRAVEL COSTS

Travel Costs, if applicable, must be proposed and negotiated at the task order level. The Contractor agrees, through the duration of the contract, not to apply any indirect costs or profit / fee to Travel Costs.

(a) Travel under this contract is defined as Contractor air and ground transportation, lodging, meals and incidental expenses, and passport/visa costs.

(b) Except as otherwise provided herein, the Contractor shall be paid its allowable travel costs in accordance with FAR 31.205-46 (Travel Costs).

(c) Travel costs are authorized for travel beyond a 50-miles’ radius of the Contractor employee’s local place of performance (official duty station) whenever work is required to be accomplished at a remote work site.

(d) Local travel shall be processed as follows:

1. If the Government requires a Contractor employee to work an entire normal work day at a site other than the employee’s local place of performance (official duty station) and

Professional, Administrative, and Facilities Support Services Page 11 the radius between the two locations is within 50 miles, travel costs are generally allowable, but only for any difference in costs between the employee’s normal daily commuting expense and commuting expense resulting from the most economical means of transportation available to the employee, after considering: any physical or medical needs of the employee; and mission requirements. An example is an employee having to attend an all-day local conference.

Payment for time associated with such travel is unallowable.

2. If the Government requires a Contractor employee to work part of a normal work day at a site other than the Contractor employee’s local place of performance (official duty station) and the radius between the two locations is within 50 miles, all travel costs are generally allowable, but only for those costs resulting from the most economical means of transportation available to the employee, after considering: any physical or medical needs of the employee; and mission requirements.

For this section, “part of a normal work day” is one in which the employee arrives at the start of his normal work day to his local place of performance (official duty station) and departs at the end of his normal work day from his local place of performance (official duty station). An example is an employee having to attend a meeting at a Department of State site in the middle of the work day.

Payment for time associated with such travel is generally allowable as long as such time is counted as part of the employee’s normal work day.

3. If the Government requires a Contractor employee to work part of a normal work day at a site other than the employee’s local place of performance (official duty station) and the radius between the two locations is within 50 miles, travel costs are generally allowable, but only for any difference in costs between the employee’s normal daily commuting expense and commuting expense resulting from the most economical means of transportation available to the employee, after considering: any physical or medical needs of the employee; and mission requirements.

For this section, “part of a normal work day” is only one of the following:

a. one in which the employee arrives at the start of his normal work day to his local place of performance (official duty station); or

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b. one in which the employee departs at the end of his normal work day from his local place of performance (official duty station).

An example is an employee having to attend an all-morning local meeting and returning afterwards to his local place of performance (official duty station).

Payment for time associated with going from the employee’s local place of performance (official duty station) to a site other than the employee’s local place of performance (official duty station) is generally allowable as long as such time is counted as part of the employee’s normal work day.

Similarly, payment for time associated with returning from a site other than the employee’s local place of performance (official duty station) to the employee’s local place of performance (official duty station) is generally allowable as long as such time is counted as part of the employee’s normal work day.

(e) No travel costs (or associated labor time during travel) shall be allowable for regular commuting or telecommuting beyond (or within) a 50-miles’ radius of the Contractor’s local place of performance (official duty station).

(f) Costs when using a privately owned vehicle (POV) for official travel are allowable provided that such costs do not exceed costs that would have resulted from use of other reasonable transportation methods (e.g., taxi, airplane, train). Reasonable associated costs, such as tolls and parking fees, are also generally allowable.

(g) When traveling in a POV for official travel, the Contractor shall be paid mileage costs at a rate that does not exceed the POV mileage rate established by the Internal Revenue Service.

(h) Costs for car rentals for official travel are allowable pursuant to the following:

1. such rentals are consistent with good business practice;

2. such costs do not exceed costs that would have resulted from use of other reasonable transportation methods (e.g., taxi, airplane, train); and

3. such costs do not exceed the actual cost of renting a compact automobile (maximum of one automobile for four Contractor personnel), unless extenuating circumstances

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(e.g., excess baggage) require other arrangements and Contracting Officer approval is obtained.

Reasonable associated costs, such as tolls and parking fees, are also generally allowable.

(i) The Government will pay the Contractor, under the applicable labor category CLIN(s), for each Contractor employee’s travel time to or from authorized work locations as long as the following are met:

1. Payment of travel time described herein is in accordance with the Contractor’s established travel policy.

2. Travel time begins no earlier than two (2) hours prior to the scheduled departure time and concludes upon arrival to the initial destination point (e.g., airport) at the place of performance.

3. The Government will not pay for a Contractor employee’s time spent in layovers that are for the convenience of the Contractor employee or Contractor.

4. The Government will not pay more than eight (8) hours per day per Contractor employee for travel time.

5. The Government will not pay for a Contractor employee’s travel time that is outside the employee’s regular working hours.

6. The Government will not pay for a Contractor employee more than the number of hours in the employee’s normal workweek. “Number of hours” includes productive time hours, travel time hours, and paid time off hours (e.g., sick, vacation, holiday).

7. “Productive time hours” consist of hours that, other than travel time hours, directly benefit the contract.

8. Exceptions must be authorized in advance and in writing by the Contracting Officer.

(j) The following items concern passports and visas:

1. The Contractor shall be responsible for ensuring that all personnel who will be required to travel outside the United States have a current and valid U.S. passport.

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2. The Contractor shall be responsible for obtaining any visas required for travel to foreign countries under this contract.

3. The Contractor’s costs for obtaining and maintaining passports and/or visas will be generally allowable, but the Contractor shall pro-rate equitably such costs if they will benefit cost objectives (e.g., contracts) other than this cost objective.

4. The Government will not reimburse the Contractor for travel expenses when travel is cancelled or modified as a result of the Contractor’s failure to obtain a visa, and where the Government has determined that such failure is due to the action or inaction of the Contractor.

5. The Government will not reimburse the Contractor for the use of private visa procurement services provided by a third party.

(k) Costs for travel that has been modified or cancelled are not allowable unless such modification or cancellation was caused by the Government or otherwise exceeded the control of the Contractor.

(l) Pursuant to FAR 47.402, 47.403, and the Fly America Act, the Contractor shall use a U.S.-flag air carrier service unless specific conditions exist. If such conditions exist under a fixed-price arrangement (i.e., task order or line item in a task order), the Contractor shall submit with its task order proposal a memorandum explaining why it does not intend to use a U.S.-flag air carrier service. Inclusion of such costs in the awarded fixed-price is contingent upon Government acceptance of such explanation.

If such conditions exist under arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements), the Contractor shall submit with its voucher a memorandum explaining why it did not use a U.S.-flag air carrier service. Reimbursement is contingent upon Government acceptance of such explanation.

B.6. POST HARDSHIP DIFFERENTIAL PAY AND DANGER PAY

Post Hardship Differential Pay and Danger Pay, if applicable, must be proposed and negotiated at the task order level. Travel Costs, if applicable, must be proposed and negotiated

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Post Hardship Differential Pay and Danger Pay, which are forms of incentive compensation, will be generally allowable. Each shall be allocated separately as an ODC (other direct cost) (under fixed-price and cost-reimbursement arrangements) or as a Material (under time-and-materials arrangements) at the task order level.

However, Government payment of such costs is contingent on the Contractor meeting all of the following requirements:

(a) Paying Post Hardship Differential Pay and Danger Pay is part of the Contractor’s established incentive compensation plan or policy, or employer/employee agreement entered into in good faith before the services are rendered, pursuant to FAR 31.205- 6(f)(1)(i) (Bonuses and Incentive Compensation).

(b) When paying Post Hardship Differential Pay and Danger Pay is part of the Contractor’s established incentive compensation plan or policy, such plan or policy is followed consistently as to imply, in effect, an agreement to make such payment, pursuant to FAR 31.205-6(f)(1)(i) (Bonuses and Incentive Compensation).

(c) The Contractor's basis for paying Post Hardship Differential Pay and Danger Pay is supported, pursuant to FAR 31.205-6(f)(1)(ii) (Bonuses and Incentive Compensation).

(d) Payment of such costs is otherwise consistent with FAR subpart 31.2.

(e) Payment will be made only for areas identified as Post Hardship Differential Pay areas and/or Danger Pay areas in Section 920 of the Department of State Standardized Regulations (DSSR).

(f) Payment will be made only for eligible employees. Eligible employees are employees:

i. whose country of citizenship is not in the task order place of performance; and

ii. whose primary residence is in an area not identified in Section 920 of the DSSR, or an area identified in Section 920 of the DSSR with an applicable DSSR percentage that is less than the respective applicable DSSR percentage for the task order place of performance.

(g) Payment for a given workweek for an eligible employee will not exceed the dollar amount resulting from multiplying the applicable DSSR percentage by the employee’s basic compensation for the given workweek.

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(h) The applicable DSSR percentage will be the DSSR percentage effective at the time of task order proposal(s) (or later time until task order award, if feasible) when the Contractor proposes and the Government awards the fixed-price under fixed-price arrangements (i.e., task orders or line items in a task order).

(i) The applicable DSSR percentage will be the DSSR percentage effective at the time of task order performance for arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements).

(j) An eligible employee’s basic compensation for a given workweek is the dollar amount attributable to the employee as a result of the employee’s productive hours and paid time off (e.g., sick, vacation, holiday) hours for the given workweek. It is the employee’s base salary/unloaded compensation for the given workweek. However, such compensation must:

i. benefit the task order; and/or

ii. be an equitable amount that is necessary to the overall operation of the business, although a direct relationship to any particular cost objective (e.g., task order) cannot be shown.

(k) The number of hours included in an eligible employee’s basic compensation for a given workweek cannot exceed the number of hours for the task order’s normal workweek. A normal workweek is defined in Section B.4.

(l) Basic compensation included in the negotiated fixed-price under fixed-price arrangements will consist of each eligible employee’s negotiated base salary/unloaded compensation for the task order period of performance.

(m) Basic compensation will consist of actual incurred base salary/unloaded compensation for arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements).

(n) An eligible employee may receive Post Hardship Differential Pay and Danger Pay during paid time off only when the employee takes paid time off in the task order place of performance or in another Post Hardship Differential Pay and Danger Pay area, respectively.

(o) When an eligible employee takes paid time off in another Post Hardship Differential Pay and/or Danger Pay area, payment will be based on the applicable DSSR percentage(s) for the task order place of performance.

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(p) Payment of Post Hardship Differential Pay for an eligible employee will not commence until the eligible employee has served 42 calendar days in the task order place of performance. Payment will commence on the first productive or non-productive day after day 42, and will not be retroactive to days previously served unless paragraph “q” immediately below applies. The 42 calendar days are not required to be consecutive, and “served” consists of productive time, paid time off, and time otherwise spent in the task order place of performance.

(q) Once an eligible employee has served 42 calendar days in the task order place of performance, payment of Post Hardship Differential Pay will be retroactive to day 1 served in the task order place of performance if the task order place of performance is in an area identified in Footnote N in the Post Classification and Payment Tables in Section 920 of the DSSR. Currently, Afghanistan and Iraq are the only such areas.

(r) Payment of Post Hardship Differential Pay for an eligible employee will conclude when the eligible employee departs the task order place of performance, unless such departure is to another Post Hardship Differential Pay area during paid time off.

(s) For Post Hardship Differential Pay, when an eligible employee has not yet served 42 calendar days and returns to the task order place of performance after an absence from the task order place of performance, the number of days served resumes on the day of return.

For example, if an eligible employee served 30 calendar days in the task order place of performance and departed the task order place of performance for 14 days, the day of return (day 44) will be considered day 31 of days served.

(t) Payment of Danger Pay for an eligible employee will commence on the day of arrival in the task order place of performance and conclude on the day of departure from the task order place of performance, unless such departure is to another Danger Pay area during paid time off.

B.7. DEFENSE BASE ACT (DBA) INSURANCE

DBA Insurance, if applicable, must be proposed and negotiated at the task order level. The Contractor agrees, through the duration of the contract, not to apply any indirect costs or profit / fee to DBA Insurance Costs.

(a) DBA Insurance costs are generally allowable for performance outside the United States, but only for covered Contractor and subcontractor employees pursuant to DOSAR 652.228-71 [Worker’s Compensation Insurance (Defense Base Act) – Services].

(b) In addition, DBA Insurance costs are generally allowable for performance outside the United States, but only when such costs accord with the terms of the Contractor’s DBA Insurance policy, law, and regulation.

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(c) DBA Insurance costs shall be allocated separately as an ODC (other direct cost) (under fixed-price and cost-reimbursement arrangements) or as a Material (under time-and-materials arrangements) at the task order level.

B.8. OVERTIME

Overtime, if applicable, must be proposed and negotiated at the task order level.

(a) The Contractor agrees to perform this contract, so far as practicable, without using overtime, particularly as a regular employment practice, except when lower overall costs to the Government will result or when it is necessary to meet urgent program needs [reference FAR 22.103-2 (Overtime – Policy)].

(b) Overtime is defined as time worked in excess of the number of hours in a normal workweek. A normal workweek is defined in Section B.4. “Number of hours” includes productive time hours, travel time hours, and paid time off hours (e.g., sick, vacation, holiday). “Productive time hours” consist of hours that, other than travel time hours, directly benefit the contract. “Travel time hours” consist of hours spent by the employee traveling to or from authorized work locations. See Section B.5(i) for further information.

(c) Government payment of overtime will be made only if the Contractor compensates the

Contractor employee for the employee’s overtime performance. While Contractor payment does not have to be at the unloaded hourly labor rate (and premium, if applicable) comprising the negotiated fixed fully-loaded hourly labor rate, Contractor payment of total dollars to the employee for the given workweek must reflect an amount that exceeds the compensation paid to the employee for a normal workweek.

B.9. SELECTED COST/PRICE-RELATED LAWS

(a) This contract is not subject to the Service Contract Labor Standards statute (41 U.S.C.

Chapter 67), because the principal purpose of the contract is not to furnish services in the United States through the use of service employees.

(b) This contract is not subject to any coverage under the Cost Accounting Standards [Public

Law 100-679 (41 U.S.C. 422)] because the Contractor is a small business.

(c) The Truthful Cost or Pricing Data statute (41 U.S.C. Chapter 35) did not apply for award of this contract. The Government did not require and rely upon certified cost or pricing data, as described in FAR subpart 15.4, for award of the contract because adequate price competition had been obtained. Instead, where applicable, the Government required and relied upon data other than certified cost or pricing data.

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However, the Truthful Cost or Pricing Data statute may apply during contract performance when the Government contemplates an action for which an exception to the Contractor providing certified cost or pricing data does not apply (e.g., when negotiating a price estimated to exceed the certified cost or pricing data threshold for a new task order, modification of a task order, or modification of the contract based on rate/cost/price information not previously negotiated in the contract or task order).

Pursuant to FAR 15.403-4(a)(1), the “threshold specified in the contract” for requiring the Contractor to provide certified cost or pricing data, when applicable, during contract performance is the threshold identified in the FAR edition effective at the time of the Government requiring the Contractor to provide certified cost or pricing data.

B.10. ADVANCE UNDERSTANDING

(a) At the task order level, when payment is made based on actual hours or costs incurred (e.g., cost-reimbursement arrangements, time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements), the Government will not reimburse costs for cost elements for which there were no estimated costs. Any exceptions must be approved in writing by the Contracting Officer.

(b) At the task order level, when payment is made based on actual hours or costs incurred (e.g., cost-reimbursement arrangements, time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements), the Contractor will not charge any indirect costs or fee to Travel Costs, DBA Insurance Costs, or Post Hardship Differential Pay and Danger Pay Costs. Any exceptions must be approved in writing by the Contracting Officer.

(c) The Contractor’s costs to remove and replace Contractor personnel from the task order performance location, as a result of such personnel doing the following, are unallowable:

jeopardizing or interfering with mission accomplishment; disrupting good order and discipline; violating applicable laws, regulations, orders, instructions, policies, or directives; and/or failing to comply with or violating applicable requirements of this contract and the awarded task order.

(d) Where labor rates are negotiated in the contract, such rates or discounted rates will be used in each resulting task order, as specified in the contract, according to the contract’s period of performance.

For example, if the contract’s base period is May 1, 2015 through April 30, 2016, and a task order’s base period is January 1, 2016 through December 31, 2016, the contract’s base period’s pricing information will be used in the task order from January 1, 2016 through April 30, 2016, and the contract’s option period one pricing information will be used for the remainder of the task order’s base period (from May 1, 2016 through December 31, 2016).

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(e) If any task order period of performance exceeds the expiration date of the contract, the Government will pay the rates, prices, and percentages negotiated in the task order for such period. However, the Government will pay during such period any labor rates or prices that have been adjusted in accordance with any applicable terms contained in this contract.

(END OF SECTION B)

Section C – Descriptions/Specifications/Work Statement

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SECTION C – DESCRIPTIONS/SPECIFICATIONS/WORK STATEMENT

C.1. SCOPE OF SERVICES

GENERAL

This section outlines the objectives to be fulfilled under the Indefinite Delivery-Indefinite Quantity (IDIQ) contract. Specific desired outcomes and constraints, including deliverables, performance requirements, and quality assurance standards will be developed for each task order issued by the Department of State (DOS).

The Contractor shall provide required personnel as detailed in each task order. All provided personnel must meet or exceed the requirements identified in the task order.

The contractor shall:

a. Provide personnel that are available and reliable to meet the demands of the required task order, work schedule and the travel requirements established for the individual.

b. Ensure that all personnel shall have the required organizational, oral and written communication skills and the ability to follow directions as specified in each task order.

c. Provide personnel that are capable of consistently delivering uninterrupted high-quality work, as is expected of competent professionals.

d. Provide adequate staffing support to ensure that each INL program maintains continuity for the entire duration of the contract and provides adequate transitional support when required.

e. Obtain and retain existing and future qualified employees to meet the mission objectives of INL Bogota.

f. Provide a compensation package that attracts and retains competent employees that meet the objectives stated in each task order.

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

h. Unless additional requirements are stated, the contractor shall require all employees to be fluent in Spanish and English languages as a desired qualification, at a minimum hold a

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ABOUT INL BOGOTA PROGRAMS

The mission of the Bureau of International Narcotics and Law Enforcement Affairs (INL) is to minimize the impact of international crime and illegal drugs on the United States, its citizens, and partner nations by providing effective foreign assistance and fostering global cooperation.

This mission, which centers on helping our partner nations establish a capable and accountable criminal justice sector, was expanded during the past decade to include stabilizing post-conflict societies through criminal justice sector development and reform. This mission supports Peace and Security by stabilizing and strengthening security institutions to build a global security capacity and by combating narco-trafficking and other transnational crimes such as money laundering and criminal gangs. It promotes governing justly and democratically by strengthening justice sector institutions, good governance and respect for human rights.

The Bureau’s priority programs support three inter-related objectives:

• Building Criminal Justice Systems: Institutionalize rule of law by developing and expanding criminal justice systems to strengthen partner country law enforcement and judicial effectiveness, foster cooperation in legal affairs, and advance respect for human rights.

• Counter-Narcotics: Disrupt the overseas production and trafficking of illicit drugs through targeted counter narcotics and institution-building assistance and coordination with foreign nations and international organizations.

• Transnational Crime: Minimize the impact of transnational crime and criminal networks on the U.S. and its allies through enhanced international cooperation and foreign assistance.

The U.S. Embassy INL Section Bogota is responsible for the administration of projects and funds provided by the Bureau for International Narcotics and Law Enforcement Affairs.

INL Section Bogota eradication and interdiction programs, security-related assistance, and institution building activities with the Colombian National Police (CNP), Military and Navy prevent hundreds of tons of illegal drugs from reaching the United States, deny criminal and terrorist groups financial support, increase state presence and the rule of law in consolidation zones throughout the country thus creating opportunities for licit economic activities, and provide capacity which Colombia shares with other countries in the region facing similar threats.

INL Section Bogota directly assists the Government of Colombia (GOC) to expand its presence into zones where illegal armed groups, illicit crop production and narco-trafficking

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C.2. GENERAL PERFORMANCE AREAS

The following performance areas are not meant to be definitive, but rather represent in summary form the general areas to be supported. Specific performance requirements will be established at the task order level.

The Government reserves the right to incorporate additional performance areas and labor categories in support of INL Bogota programs at a later date.

C.2.1. BUSINESS OPERATIONS

The contractor shall provide personnel that can deliver expert advice, assistance, guidance and counseling, in support of the goals and objectives of each program within the INL Section Bogota.

The generalized proficiency required for these task orders are individuals who are capable of working with the US Embassy and INL management teams, Colombian government officials, INL partner agencies, and technical experts and assistants in order to nationally eliminate agency fraud, modernize national security, develop outreach and training programs and develop strategies for fiscal stability.

These positions contribute to the development and implementation of organizational strategies, policies and practices and generally will require staff that is skilled within the areas of quantitative and qualitative analysis, developing critical evaluations, creating comprehensive training programs, providing programmatic performance oversight and possessing strong managerial, operational and logistical support expertise.

C.2.2. ENGINEERING

The contractor shall provide functional expert engineering services relative to the technical/administrative leadership of projects within the programmatic guidelines set by the project manager and customer. Engineering services include, but are not limited to, developing and editing work scopes; ensuring schedules and budgets are defined and maintained; providing coordination of resources between resource managers/supervisors; and ensuring that all necessary reviews and approvals are obtained as projects proceed to subsequent phases.

Engineering services encompass such fields as electrical, electronics, information systems, civil, architect, and telecommunications.

C.2.3. ADMINISTRATIVE SUPPORT

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The contractor shall provide personnel that are capable of delivering higher level office support and can provide specialized assistance for a managerial or logistical department such as accounting, budgeting, travel or general administration, or specialized support for a specific INL program.

The contractors assigned to this discipline must generally be able to perform a wide variety of administrative support duties ranging from general clerical support to complex administrative coordination and must be able to apply judgment with respect to communications and confidentiality. These positions require intermediate or advanced level proficiency in the use of standard desktop applications, including the ability to produce documents and presentations of all kinds using word processing, spreadsheet and presentation software tools.

These positions contribute to the day to day efficiency and effectiveness of the INL mission and will require staff that is skilled in performing administrative and personal assistant duties including translation services, conducting research, preparing statistical reports and spreadsheets, preparing correspondence, presentations, handling information requests, planning conferences and meetings, providing purchasing and payroll support, employment administration requirements, making travel arrangements, and maintaining calendars and schedules.

Although procurement and travel services are defined in general terms in Items C.2.3.1 through C.2.3.2 below, contract positions may incorporate elements from more than one of these items.

Certain contract positions may also incorporate some of the logistical activities detailed in Section C.2.3.3.

Based on programs that INL has already initiated in the region, it’s not uncommon for the preponderance of services to shift from one type of service to another type as a program evolves.

For example, a program may require a substantial procurement effort at the outset, followed by a shift in services to administrative and logistical support.

In some cases the types of procurement, administrative, and logistical services are of a more specialized nature, which necessitates the hiring of experts in these fields. In other cases the types of services required may be of a general enough nature that personnel can be hired to perform cross-functional duties encompassing elements of more than one type of service (e.g., procurement, administrative, logistics). Although it’s the responsibility of the contractor to propose personnel with the requisite skills and knowledge to adequately perform in their respective positions, the contractor should consider hiring multi-functional personnel where there may be a perceived benefit, and where it is possible. For example, hiring multi-functional personnel may facilitate the retention of contractor employees in cases where there may be a significant shift in the types of required program support services over time.

C.2.3.1. PROCUREMENT AND CONTRACTS

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The contractor shall provide functional specialists who shall be capable of supporting the management and administration of the contracting and procurement functions for multiple contracts and agreements. This includes oversight and adherence to the required government contracting processes and policies, aiding in the determination as to which products or services should be purchased based on procurement rules and regulations, communicating with both domestic and international suppliers and support of other complex issues regarding contracts and related matters.

These positions contribute to the daily effectiveness and efficiency of the INL programs and their missions and generally will require staff that is skilled within the areas of negotiation, critical thinking, quantitative and qualitative analysis, data entry, ensuring attention to detail, verbal and written communication, advanced problem solving, and data entry expertise.

C.2.3.2. TRAVEL RELATED ASSISTANCE/SUPPORT

The contractor shall provide professional travel assistance under the contract, as it relates to travel requirements for INL Bogota and related regional projects/programs. All travel related services, advice, and guidance provided shall be in accordance with the Federal Travel Regulation (FTR), as well as any other applicable USG and/or agency travel policies and procedures.

These positions generally will require staff that is experienced working with travel reservation systems, is familiar with the travel policies of several providers and able to provide travelers with comprehensive support regarding but not limited to travel problems, cancellations, complaints, refunds, disputes, and claims.