Draft_SWHARC15R0013_-_6_23_2015.pdf

DRAFT

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SWHARC15R0013

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Juan M. Fernandez

b. TELEPHONE NUMBER (No collect calls) 305-718-4291

c. EMAIL fernandezjm@state.gov

8. OFFER DUE DATE / LOCAL

TIME

CODE RPSOM

REGIONAL PROCUREMENT SUPPORT

4000 NORTH ANDREWS AVE

ATTN: FLORIDA REGIONAL CENTER

FORT LAUDERDALE, FL 33309

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 333318

SIZE STANDARD: 1000 Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

As Required Per Delivery Orders

SEE

NOT AVAILABLE

orders Multi, XX 00000

CODE RPSOM16. ADMINISTERED BY

REGIONAL PROCUREMENT SUPPORT

4000 NORTH ANDREWS AVE

ATTN: FLORIDA REGIONAL CENTER

FORT LAUDERDALE, FL 33309

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR RMGFOCODE18a. PAYMENT WILL BE MADE BY

GLOBAL FINANCIAL SERVICES CENTER, CHARLESTON,

SOUTH CAROLINA

PO BOX 150008; Fax To: 1-866-483-3436

ATTN: OFFICE OF CLAIMS

CHARLESTON, SC 29415-5008

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

OFFER X SEE ADDENDUM

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

CHECKED

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

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

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

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

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

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

TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

Benita D. Williams 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SWHARC15R0013

Table of Contents

Section Description Page Number

2 Contract Clauses 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.212-4 Contract Terms and Conditions--Commercial Items (May 2015) 52.222-29 Notification of Visa Denial (Apr 2015) 52.223-3 Alt I Hazardous Material Identification and Material Safety Data (Jan 1997) - Alternate I (July 1995) 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (Mar 2008) 52.227-14 Rights in Data - General (May 2014) 52.227-19 Commercial Computer Software License (Dec 2007) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014) 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.232-18 Availability Of Funds (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) 52.247-34 F.O.B. Destination (Nov 1991) 652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

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

(FEB 2015)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

652.247-71 SHIPPING INSTRUCTIONS (FEB 2015)

52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (May 2015) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

652.216-70 ORDERING INDEFINITE-DELIVERY CONTRACTS (APR 2004)

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

3 Solicitation Provisions 52.212-1 Instructions to Offerors - Commercial Items (Apr 2014) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.216-27 Single or Multiple Awards (Oct 1995) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999) 52.237-1 Site Visit (Apr 1984) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.211-8 Time of Delivery (June 1997)

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

1. TAILORING OF FAR 52.212-1

2. ADDENDA TO FAR 52.212-1

3. AVAILABILITY OF EQUIPMENT AND SOFTWARE

4 Evaluation Factors 52.217-5 Evaluation of Options (July 1990)

. EVALUATION -- COMMERCIAL ITEMS

5 Representations and Certifications 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.212-3 Offeror Representations and Certifications--Commercial Items (Mar 2015)

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

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

1. MAINTENANCE CERTIFICATION

2. ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION AND DISCLOSURE

001 Law Enforcement Training Simulators Indefinite Delivery Indefinite Quantity (IDIQ) Contract

1.00 LT

Doc Ref No:

Delivery Date FOB:

SWHARC15R0013

Line Item Summary

Solicitation Number:

SWHARC15R0013

Contract Number: Title: Law Enforcement Training Simulators - IDIQ

Date of Solicitation:

Line Item No. Description Quantity Unit Unit Price Total Cost

Section 1- Solicitation/Contract Form

SECTION 1 CONTINUATION TO SF-1449

1. TYPE OF CONTRACT

This is an Indefinite-Delivery Indefinite-Quantity (IDIQ) type contract for commercial supplies and associated services. The Government intends to utilize Firm-Fixed-Price (FFP) delivery orders to the maximum extent practicable. Delivery orders may utilize any of the contract types authorized in FAR 12.207.

2. ORDERING PERIOD

The ordering period for this IDIQ contract is established as follows:

Base Ordering Period: 12 months from date of award.

Option Year 1 (if exercised): 12 months from end of base ordering period.

Option Year 2 (if exercised): 12 months from end of option year 1.

Option Year 3 (if exercised): 12 months from end of option year 2.

Option Year 4 (if exercised): 12 months from end of option year 3.

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 $3,000. 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 $40,000,000.

4. SELECTED PRICE-RELATED ISSUES

(a) Orders issued on a time-and-materials or labor-hour basis. A blanket Determinations and Findings (D&F) has not been approved for this IDIQ contract. As such, orders issued on a time-and-materials or labor-hour basis require the ordering Contracting Officer to execute the appropriate D&F at the delivery order level in accord-ance with FAR 12.207(b)(2) and FAR 12.207(c)(2).

(b) Service Contract Labor Standards. The Service Contract Labor Standards statute does not apply to this con-tract. The principal purpose of this contract is to provide law enforcement training simulators (supplies).The Service Contract Labor Standards statute does not apply to individual contract requirements for services in con-tracts not having as their principal purpose the furnishing of services [FAR 22.1003-1]. Additionally, the Ser-vice Contract Labor Standards statute does not apply to contracts performed outside the United States [FAR 22.1003-2]. To the extent that services will be required under this contract, the Government expects all services to be performed outside the United States as defined in FAR 22.1001.

In the event an individual delivery order requires services covered under the Service Contract Labor Standard statue to be performed in the United States, the required provision and clauses will be added at the delivery or-der level.

(c) Certified Cost and Pricing Data. 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 ob-tained and the supplies and services are commercial in nature. Instead, where applicable, the Government re-quired and relied upon data other than certified cost or pricing data.

5. SCOPE OF CONTRACT

This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract for provision of law enforcement training simulators and associated services. Task or delivery orders awarded under this contract may be performed over-seas or in the United States.

The contract includes the following performance areas. These 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 delivery order level.

• Purchase of a variety of law enforcement training simulators (firearms, driving, etc.) and related accessories (simulated weapons, recoil kits, instructor stations, recharge stations, return fire accessories, etc.).

• Installation. Including building surveys and associated recommendations.

• Extended warranty/maintenance services.

• Scenario filming and editing services.

• Training. Including development and evaluation of customized training curriculum for individual agencies.

The supplies and services identified in the pricing schedule below represent the “core” items under this IDIQ contract. The list is not exhaustive of all supplies and services that may be delivered under this contract. Addi-tional supplies and services, within the general scope of this contract, may be added at the delivery order level.

6. PRICING FOR “CORE” SUPPLIES AND SERVICES

The table below identifies the required "core" items and not-to-exceed unit pricing for each item. The contractor shall maintain availability of all core items at all times under this contract, utilizing Technology Refresh proced-ures as necessary. The contractor shall not propose a price higher than the contract price shown below for any core contract item in response to any request for delivery order proposal under this contract.

Unless otherwise specified in Appendix C, the price of services excludes travel and DBA insurance expenses.

Item IDIQ Price Required Specifications Refer to Appendix A Refer to Appendix A Refer to Appendix C

All “non-core” contract line items proposed at the delivery order level shall be identified in the delivery order proposal as "NON-CORE:", followed by the manufacturer's brand name, manufacturer's part number, and a complete technical description of the item proposed.

7. FIXED FULLY-LOADED HOURLY LABOR RATES (US CITIZENS)

The negotiated fixed fully-loaded hourly labor rates apply only to 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). Hourly rates for host country nationals and third-country nationals (for all contract types) will be proposed and negotiated at the delivery order level.

The Government shall pay the Contractor for the life of a delivery order at rates effective when the order was is-sued. These rates or discounted rates will be used at the task order level under fixed-price, labor-hour, and/or time-and-materials arrangements.

The fully-loaded labor rates include wages, indirect costs (including overhead, fringe benefits and general and administrative expenses), and profit. Any other costs that are part of the Contractor’s established compensation plan and consistent with FAR subpart 31.2 shall be allocated as an ODC (other direct cost) (under fixed-price arrangements) or as a Material (under time-and-materials arrangements) at the delivery order level. Examples of such costs, if applicable, that shall be allocated as an ODC or Material, are post hardship differential pay and danger pay.

Labor Category Hourly Labor Rate Minimum Requirements Refer to Appendix B Refer to Appendix B Refer to Appendix C

The fully-loaded labor rates shall not be used when services are priced on a FFP basis as part of the “core” con-tract items. Refer to section 7 above.

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 52.212-4 Alt. 1].

For labor-hour arrangements and the time portion of time-and-materials arrangements, the Government will pay, for each labor category, the negotiated fixed fully-loaded hourly labor rate for only performed labor that meets the labor qualifications specified in the contract and individual delivery orders.

8. DISCOUNTS

The Contractor agrees, throughout the duration of this contract, to extend a discount of at least ___% (to be in-serted at award) from its established catalog / published prices for “non-core” and technology refresh items.

9. OTHER DIRECT COSTS (ODCs)

ODCs, such as travel and DBA insurance, will be priced at the delivery order level. The contractor shall pro-pose ODCs as detailed in the Request for Delivery Order Proposal.

10. TECHNOLOGY REFRESH

General

The Department of State (DOS) shall have the right to require, at any time, that the Contractor make available to the DOS under this Contract supplies available to the Contractor's commercial customers. In this way the DOS seeks to ensure that it can obtain the benefits of new design enhancements and technological updates or advances for supplies currently on this Contract. When requested or offered, the Contractor shall provide, with-in 15 calendar days of request, a technology refresh quote including the supplies so identified.

In the event that the Contractor is no longer able to provide the supplies in this Contract (because they are no longer being manufactured, for example), the Contractor may, with the written approval of the Contracting Of-ficer, remove the supplies from this Contract. The Contractor shall provide substitute supplies which shall have the functional capabilities of the supplies originally provided and shall meet or exceed the original supplies' rated performance characteristics.

At the time of available technology refresh, the Contractor shall propose the contract list price for each re-freshed item, including any discounts. The final contract list price for refreshed line items shall be negotiated.

Based on the Contractor's proposed price at time of Contract award, the Government shall calculate the line item discount percentage that DOS shall apply during all subsequent technology refreshes. The DOS shall cal-culate the discount percentage by dividing the proposed unit price by the contract list price and subtracting one (1). The DOS shall calculate the discount percentage independently for each Contract line item. At time of tech-nology refresh, the Contractor shall propose the contract list price for each refreshed line item, and shall pro-pose a discount price based on the discount percentage stated in this Contract.

Technology Refresh Proposals

At a minimum, the technology refresh proposal shall include the following header information:

(a) Technology Refresh (TR) Number (unique tracking number);

(b) Description of the technology refresh;

(c) Contract Number;

(d) Contact Name;

(e) Contact Phone Number;

(f) Contact E-mail address.

At a minimum, the technology refresh proposal shall include the following information for each supply requir-ing refresh:

(a) Contract Line Item Number (CLIN) (unique for this Contract);

(b) Name of Original Equipment Manufacturer;

(c) Original Equipment Manufacturer's Model Number;

(d) Supply Component Part Numbers (as applicable);

(e) Full Supply Description;

(f) Catalog / Published Price and Contract Discounted Price

11. CHARACTERISTICS OF ELECTRIC CURRENT

Contractors supplying equipment which uses electrical current are required to supply equipment suitable for the electrical system at the location at which the equipment is to be used as specified on each delivery order.

12. LANGUAGE REQUIREMENTS

At a minimum, the contractor shall support English, Spanish, French, and Arabic. Language requirements will be identified in each delivery order. The following shall be provided, at no additional cost to the Government, in the requested language:

• User interface for system software

• Technical and maintenance manuals

• Training services and training materials

• Installation services

• Video scenarios

• In-person, telephonic, and e-mail warranty and support

13. STANDARD WARRANTY

The Contractor shall provide a standard warranty of at least 1 year for all “core”, “non-core”, and technical re-fresh items and services delivered. The standard warranty period shall commence upon Government acceptance of delivered supplies and services.

The contractor shall repair or replace training simulators and accessories during the standard warranty period at no cost. The contractor shall provide round trip shipping for all warranted items. All warranted items returned for repair or replacement shall take no more than 30 days for the item to be returned to OEM, repaired or re-placed, and returned to the installation site. Any repair time exceeding 30 days must be requested and approved by the COR prior to the repair. The contractor shall ensure that subcontractor and vendor warranties provide the same coverage and are passed through to the end item.

The contractor shall provide, through the duration of the standard warranty period, telephone and email technic-al support. Technical support shall be provided Monday – Friday from 08:00 hrs to 17:00 hrs local time. Local time will be determined based on the location of the warranted system(s).

The contractor shall provide the appointed COR a report that identifies and documents all items to be warranted.

Each item warranted shall be indexed and identified by serial number, model or part number, date of acceptance by the Government, and duration of standard warranty period. The report must also identify the name, address, telephone number, and email of the Contractor’s representative for warranty purposes.

The contractor shall, for the duration of the standard warranty period, provide a monthly report to the COR de-tailing receipt of warranty / support requests, resolution of opened tickets, and pending action items.

14. WARRANTY NOTIFICATION

In accordance with FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of a warranty, if any. Sufficient information shall be presented for supply personnel and users to identify warranted supplies. Warranty information shall include the terms and duration of the warranty and the name and telephone number of the Contracting Officer Representative (COR) to be notified if the supplies are found to be defective.

15. DELIVERIES

The Contractor shall consolidate the entire shipment to prevent loss and misdirection of the equipment. Partial shipments are only allowed if authorized in writing by the Contracting Officer. All necessary export approvals, licenses, and related paperwork must be provided by the Contractor.

If an export license is required, the items shall not be shipped until the export license is received / approved.

The contractor shall provide, prior to delivery of the items, a copy of the approved export license to: As detailed on each delivery order issued under this contract.

16. PACKAGING AND MARKING

The following packaging and marking requirements apply to all task orders under the IDIQ. Additional pack-aging and marking instructions may be incorporated at the delivery order level.

16.1. PACKING OF SUPPLIES

Unless otherwise specified at the delivery order level, all items to be delivered under this contract shall be pre-served, packaged, and packed in accordance with best commercial practices in a manner that will ensure accept-ance by common carriers and safe delivery at destination. All supplies shall be packaged to ensure arrival at destination in an undamaged condition with proper handling.

16.2. PACKING LIST(S)

A packing list or other suitable shipping document shall accompany each shipment and shall include the follow-ing information:

(a) Name and address of consignor;

(b) Name and address of consignee;

(c) Government contract number (and delivery order number, if used);

(d) Government bill of lading number covering the shipment, if any; and

(e) Description of the items shipped, including item number, quantity, number of containers, and package num-ber, if any.

16.3. MARKING

Each box, carton, and package shall be marked as follows:

AMERICAN EMBASSY

POC (To be provided upon award) Delivery Order No. (To be provided upon award) City, Country Box #__ of __

Improperly marked shipments may be rejected by the Government, and the contractor shall be solely respons-ible for all costs associated with said deliveries and any required redeliveries. One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the “lead” or number one box/ carton/package, or individually attached to the outside of each box/carton/package. All shipping documents and other delivery information shall be submitted to: As detailed in each delivery order issued under this contract.

16.4. PACKAGING AND PALLETIZING

If the shipment will involve wood packaging material, then the packing and palletizing must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: "Guidelines for Regu-lating Wood Packaging Material in International Trade" (ISPM 15) and have the appropriate markings indicat-ing that the materials meet this standard. Any deliveries arriving at our indicated delivery address that do not meet these standards will be rejected at the vendor's expense. For any additional information concerning these requirements, please refer to the following www.cbp.gov/xp/cgov/import/commercial_enforcement/wpm or www.aphis.usda.gov/ppq/wpm/import.html.

16.5. MATERIAL SAFETY DATA SHEETS (MSDS)

(a) “Hazardous material” includes any material defined as hazardous under the latest version of Federal Stand-ard No. 313 (including revisions adopted during the term of any delivery order).

(b) The contractor shall submit a Material Safety Data Sheet (MSDS), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials shipped under this contract. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the contractor is the actual manufacturer of these items. The Contractor shall affix an MSDS to the outside of each box, carton or package containing hazardous materials. The MSDS shall be placed in a weather resistant envelope.

(c) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data previously submitted, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(d) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Con-tractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property. Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

16.6. PRESERVATION, PACKAGING, PACKING, AND MARKING AND LABELING OF HAZARD-

OUS MATERIALS (HAZMAT) FOR OVERSEAS SHIPMENT

Preservation, packaging, packing, marking and labeling of hazardous materials for export shipment outside the United States in all transport modes shall comply with the following, as applicable:

(a) International Maritime Dangerous Goods (IMDG) Code as established by the International Maritime Or-ganization (IMO).

(b) U.S. Department of Transportation (DOT) Hazardous Material Regulation (HMR) 49 CFR parts 171 through 180. (Note: Classifications permitted by the HMR, but not permitted by the IMDG code, such as Con-sumer Commodities classed as ORM-D shall be packaged in accordance with the IMDG Code and dual marked with both Consumer Commodity and IMDG marking and labeling.)

(c) Occupational Safety and Health Administration (OSHA) Regulation 29 (CFR) part 1910.1200.

(d) International Air Transport Association (IATA), Dangerous Goods Regulation and/or International Civil Aviation Organization (ICAO), Technical Instructions.

(e) AFMAN 24-204, Air Force Inter-Service Manual, Preparing Hazardous Materials For Military Air Ship-ments.

(f) Any preservation, packaging, packing, marking and labeling requirements contained elsewhere in this soli-citation and contract.

17. DATA DELIVERABLES / REPORTS

(a) The Government shall have up to ten (10) business days, unless a longer period is agreed to by the parties, to review each deliverable product and provide oral and written comments. The Contractor shall review and in-corporate comments or implement directed changes, after discussion or clarification with the designated con-tracting officer representative (COR), and, if necessary, submit a final version of the product no later than five

(5) business days thereafter.

(b) Unless otherwise specified, documentation and reports shall be delivered in electronic format. All docu-mentation and reports developed or provided by the contractor shall become the property of the U.S. Govern-ment. Reports shall not contain any markings or legends which will restrict the Department’s use of such reports in any way.

(c) All deliverables, including attachments, shall comply with the data right clauses incorporated in the contract.

The Government will reject all deliverables containing markings contradicting said clauses.

(d) All deliverables shall include a cover page incorporating the following information:

• Name and business address of the Contractor;

• Contract number and delivery order number, if applicable;

• Deliverable name and number;

• Project title;

• Date of submission; and

• Document version number.

(e) Deliverables longer than 5 pages shall include a table of contents. All Attachments shall include the attach-ment number, deliverable name and number, and contract number.

(f) Required deliverables and distribution are as follows: As required per Appendix C. Additional deliverables may be required at the delivery order level.

18. INSPECTION AND ACCEPTANCE OF SUPPLIES

Unless otherwise specified at the delivery order level, inspection and acceptance of supplies to be delivered un-der this contract shall be made at destination by the Contracting Officer (or authorized representative in accord-ance with DOSAR 652.242-70).

19. INSPECTION AND ACCEPTANCE OF SERVICES

Unless otherwise specified at the delivery order level, inspection and acceptance of services to be provided un-der this contract shall be made by the Contracting Officer (or authorized representative in accordance with

DOSAR 652.242-70).

20. CONTRACTOR RESPONSIBILITY

The Contractor is solely responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, includ-ing any applicable technical requirements for specified manufacturers’ parts. This clause takes precedence over any Government inspection and testing required in the contract’s specifications, except for specialized inspec-tions or tests specified to be performed solely by the Government.

The Government reserves the right to inspect and test all supplies and packaging, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract. If the Government performs inspection or test on the premises of the Con-tractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

21. PLACE OF DELIVERY / PERFORMANCE

The place of delivery and performance will be specified in each delivery order. Delivery orders issued under this IDIQ contract may require delivery and performance in the United States and overseas locations.

22. CONTRACT ADMINISTRATION DATA

Contracting Officer: Benita D. Williams Contract Administrator: Juan M. Fernandez

Telephone Number: Information to be provided upon award.

Email: Information to be provided upon award.

Address: Information to be provided upon award.

Contracting Officer's Representative (COR): Information to be provided upon award.

23. NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the re-quest of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Of-ficer is authorized to change the specifications, terms, and/or conditions of this contract. The Contracting Of-ficer shall be the only individual authorized to waive any requirement of the contract.

24. RPSO FLORIDA INVOICE INSTRUCTIONS

Invoices must be submitted to DOSPayments@state.gov and RushLE@state.gov. Other methods of submission are not acceptable. Each invoice must be transmitted separately.

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

(1) Name and Address of the Contractor

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

(3) Date of invoice

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

(5) Remittance Contact Information

(6) Shipping Terms, Ship to Address

(7) Payment Terms

(8) Total Quantity of Items

(9) Total Invoice Amount

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

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

(12) For reimbursable CLINS provide supporting documentation required per contract/order terms and condi-tions.

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

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

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

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

(5) Delivery Date. Include proof of delivery and itemized packing list.

(6) Contract Line Item Number (CLIN)

(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA) All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are re-gistered in the System for Award Management (SAM) should verify and re-confirm their financial in-formation in the database prior to invoicing. Vendors who wish to request a waiver of SAM or payment by check must submit their justification to their assigned Contracting Officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the in-voice must match the remittance address in the vendor record cited in the award.

Additional correspondence should be addressed to:

Name:

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

Mailing Address:

Post Office Box 150008 Charleston, SC 29415-5008

Telephone Numbers:

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

To request Payment Status on a Past Due Invoice contact:

Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free

Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov Phone: 843-202-3881

25. ORDERING PROCEDURES

(a) In accordance with FAR 52.216-18 "ORDERING," the following individuals and activities are authorized to issue delivery orders hereunder:

All Contracting Officers - Regional Procurement Support Office Fort Lauderdale

(b) Orders placed under this contract shall contain the following information:

1) Date of order;

2) Contract number and order number;

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

4) Delivery or performance date;

5) Place of delivery or performance (including consignee);

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

7) Accounting and appropriation data;

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

9) Language requirements; and

10) Any other pertinent information.

(c) Issuance of orders by e-mail, regular mail, and facsimile are authorized in accordance with FAR 52.216-18

"ORDERING."

26. FAIR OPPORTUNITY PROCESS FOR DELIVERY ORDERS

(a) The contracting officer shall give every awardee a fair opportunity to be considered for a delivery-order ex-ceeding $3,000 unless one of the statutory exceptions in FAR 16.505(b)(2) applies.

(b) Orders Not Exceeding the Simplified Acquisition Threshold (SAT)

For orders not exceeding the SAT, as defined in FAR 2.101, the Contracting Officer need not contact each of the multiple awardees under the contract before issuing an order. The Government may review pricing, past per-formance, and technical information available to ensure that each awardee is provided a fair opportunity to be considered for award. Additionally, the Government may solicit delivery order proposals orally.

While not required, the Contracting Officer reserves the right to issue a Request for Delivery Order Proposal to each awardee.

(c) Orders Exceeding the SAT

The Contracting Officer will afford every awardee a fair opportunity to be considered for award through the is-suance of a written Request for Delivery Order Proposal. The Request for Delivery Order Proposal will be dis-tributed to the following individual:

Company Name:

Address:

POC Name and Title:

Phone:

Facsimile:

E-mail(s):

The Government intends to issue Request for Delivery Order Proposals via e-mail to the maximum extent pos-sible. However, the Government reserves the right to issue Request for Delivery Order Proposals via other ap-propriate methods (i.e. regular mail, facsimile, in person, electronic, etc.)

Each Request for Delivery Order Proposals will be assigned a tracking / reference number and shall include at a minimum:

1. A clear description of required products, services, and deliverables;

2. Language requirements;

3. Proposal due date and time;

4. Proposal preparation and submission instructions;

5. Order-specific terms and conditions (if applicable); and

6. Basis upon which the award selection will be made. For orders exceeding $5 million, each Request for

Task or Delivery Order Proposals will disclose the significant factors and subfactors that the agency ex-pects to consider in evaluating proposals, and their relative importance.

(d) Post-Award Notices and Debriefings for Award of Delivery Orders. Post-award notices and debriefings will only be conducted for delivery orders exceeding $5 million in accordance with the procedures in FAR 16.505(b)(6).

27. TASK AND DELIVERY ORDER OMBUDSMAN

(a) In accordance with FAR Part 16.505(b)(8), the following individual has been appointed as the Task and De-livery Order Ombudsman.

Name: Raymond Bouford Phone: 703-875-5429 Fax: 703-875-6155 Email: AQMCompetitionAdvocate@state.gov

(b) The Task and Delivery Order Ombudsman will review complaints from Contractors and ensure they are af-forded a fair opportunity to be considered for task or delivery orders consistent with the fair opportunity proced-ures delineated in this contract.

28. INSURANCE REQUIREMENTS

In accordance with FAR 52.228-5 "INSURANCE--WORK ON A GOVERNMENT INSTALLATION," the Contractor shall provide and maintain, in addition to any other insurance coverage required elsewhere in this contract, the following types of insurance in the amounts specified. Before commencing work under this con-tract, the Contractor shall certify to the Contracting Officer in writing that at least the kinds and minimum amounts of insurance required below have been obtained. The Contractor shall furnish the CO with a current certificate of insurance as evidence of the insurance required. In addition, the Contractor shall furnish evidence of a commitment by the insurance carrier to notify the CO in writing of any material change, expiration or can-cellation of any of the insurance policies required not less than thirty (30) days before such change, expiration or cancellation is effective. When coverage is provided by self-insurance, the Contractor shall not change or de-crease the coverage without the CO's approval.

(a) Workers' Compensation and Employer's Liability--The Contractor is required to comply with applic-able Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability--The Contractor shall provide bodily injury liability insurance coverage written on the comprehensive form policy of at least $500,000 per occurrence.

(c) Automobile Liability--The Contractor shall provide automobile liability insurance written on the com-prehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles op-erated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft Public and Passenger Liability--When aircraft are used in connection with performing the con-tract, the Contractor shall provide aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per occurrence for property damage. Coverage of passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel Liability--When contract performance involves use of vessels, the Contractor shall provide ves-sel collision liability and protection and indemnity liability insurance.

(f) Workers’ Compensation Insurance (Defense Base Act) -- Before beginning performance of each deliv-ery or task order, the Contractor shall submit a copy of the DBA Insurance policy negotiated between the Con-tractor and its DBA Insurance carrier, or copy of the self-insured program and Department of Labor approval if the Contractor is a Department of Labor-approved self-insurer. In either case, such copy shall show that suffi-cient DBA Insurance coverage has been obtained for that delivery or task order. The cost of DBA insurance shall be proposed at the delivery order level.

29. DAMAGE TO PERSONS OR PROPERTY

The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contract-or's fault or negligence, and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others.

30. GOVERNMENT-FURNISHED PROPERTY AND DATA

Notwithstanding any term or condition of this contract to the contrary, the Government will provide only that property set forth below for use in the performance of this contract.

Government-furnished property and data, if provided, will be identified at the delivery order level. Appropriate terms and conditions, to include FAR and DOSAR clauses and provisions, will be included in the Request for Delivery Order Proposal.

31. CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONS

Any written commitment by the Contractor within the scope of this contract shall be binding upon the Contract-

or. Failure of the Contractor to fulfill any such commitment shall render the Contractor liable for liquidated or other damages due to the Government under the terms of this contract. For the purpose of this clause, a written commitment by the Contractor is limited to the proposal submitted by the Contractor, and to specific written modifications to the proposal. Written commitments by the Contractor are further defined as including (1) any warranty or representation made by the Contractor in a proposal as to hardware or software performance; total systems performance; and other physical, design, or functional characteristics of equipment, software package or system, or installation date; (2) any warranty or representation made by the Contractor concerning the char-acteristics or items described in (1) above, made in any publications, drawings, or specifications accompanying or referred to in a proposal; and (3) any modification of or affirmation or representation as to the above which is made by the Contractor in or during the course of negotiations, whether or not incorporated into a formal amendment to the proposal.

32. REPLACEMENT PARTS AVAILABILITY

The Contractor guarantees that replacement parts for equipment in this contract will be available for the system life of the equipment. The Contractor shall notify the Contracting Officer 180 days before the end of the sys-tem's life as to the continuing availability of parts subsequent to this period. If parts will not be available from the Contractor, then the Government may require the Contractor to furnish any available data to assist the Gov-ernment to obtain such parts from another source.

33. SAFEGUARDING INFORMATION

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer. All documents and records (including pho-tographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

Under no circumstance shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished under this contract in any news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer (CO).

34. ORGANIZATIONAL CONFLICT OF INTEREST - GENERAL

(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circum-stances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall in-clude a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.

(c) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Con-tracting Officer, the Government may terminate the contract for default.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts.

35. INL SOURCE-NATIONALITY RESTRICTIONS

(a) The source and nationality restrictions found in 22 CFR 228, as adopted by INL, apply to this contract. The contractor shall promptly notify the Contracting Officer and COR of any instance in which a waiver is required.

The contractor shall identify the particular commodities or services needed, the country of source and national-ity, the estimated dollar value, and provide documentation necessary to obtain a waiver under subpart D of 22

CFR 228.

(b) For purposes of performance, the contractor shall assume that no source or nationality waiver will be provided. Failure of INL to provide a source or nationality waiver shall not relief the contractor of its contractu-al responsibilities and shall not form the basis for any claim or contract adjustment.

36. EXPORT RESTRICTIONS

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regula-tions (EAR), 15 CFR Parts 730 through 799, in the performance of this contract.

(b) In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(c) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign per-sons in the performance of this contract where the foreign person will have access to export-controlled technical data or software.

(d) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.

(e) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

(d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applic-able Federal laws, Executive orders, and regulations.

37. STANDARDS OF CONDUCT

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity at all times and shall be responsible for their employee’s performance and the quality of the employees’ services. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the U. S. Government. The U.S. Government reserves the right to dir-ect the Contractor to remove an employee from performance under this contract for failure to comply with said standards of conduct. The Contractor shall immediately replace such an employee at no additional cost to the Government.

38. TRAVEL

Travel, including overseas travel, will be required as directed by each Request for Delivery Order Proposal. The cost for such travel shall be proposed at the delivery order level.

The Contractor shall be solely responsible to ensure personnel possess or obtain all required travel related docu-mentation (passport, visas, etc.) and authorizations. The Contractor shall be solely responsible to ensure their employees meet all other requirements and are fit for travel.

39. FEDERAL HOLIDAYS AND OTHER NON-WORK PERIODS

(a) Unless otherwise authorized in writing at the delivery order level, the contractor shall observe the following Federal Holidays:

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