W91B4N-18-Q-5033_-_Afghan_Legal_Advisor_V1.pdf

SEE ADDENDUM

(No Collect Calls)

W91B4N18Q5033 03-Jul-2018

b. TELEPHONE NUMBER

318.481.6023

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 10 Jul 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W91B4N9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ERIC L. TIPPIT

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

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

REGIONAL CONTRACTING CENTER-AFGHANISTAN

BUILDING 13897

BAGRAM AF, AFGHANISTAN

APO AE 09354

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W90ZEL 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

HQ RESOLUTE SUPPORT

OFFICE OF THE LEGAL ADVISOR (LEGAD)

KABUL

CARLOS GARCIA

TEL: 318-449-0976 FAX:

FAX:

TEL: 318-481-4967 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$11,000,000

NAICS:

541110

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF61

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W91B4N18Q5033

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Afghan Legal Advisor

FFP

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to collect investigative and judicial documents from various entities of the Government of the Islamic Republic of Afghanistan (GIRoA) and provide advice to the OSJA on Afghan military and civilian law, to include investigative and judicial process in accordance with the PWS.

FOB: Destination

PSC CD: R418

NET AMT

0002 1 Each Defense Based act Insurance (DBA)

COST

Before commencing performance under this contract the Contractor shall provide workers' compensation insurance or security as required by the Defense Base Act and maintain it until performance is completed. The amount listed by the offeror on this CLIN is the estimated DBA insurance premium. The actual amount paid by the government under this CLIN will be based on the amount of the insurance paid invoice. The amount listed by the offeror on this CLIN is the estimated DBA insurance premium (estimated payroll of the offeror and its subcontractors times the applicable rate(s)). The actual amount paid by the government under this CLIN will be based on the amount of the Agent/Broker’s invoice submitted by the offeror after contract award. In the event of recalculation of the premium by the Insurance Carrier based on actual payroll amounts, the contracting officer will adjust this CLIN by contract modification to reflect actual premium amounts paid.

For more information, see FAR clause 52.228-3, Worker’s Compensation Insurance.

FOB: Destination

MFR PART NR: 20

ESTIMATED COST

1001 12 Months OPTION Afghan Legal Advisor

FFP

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to collect investigative and judicial documents from various entities of the Government of the Islamic Republic of Afghanistan (GIRoA) and provide advice to the OSJA on Afghan military and civilian law, to include investigative and judicial process in accordance with the PWS.

1002 1 Each OPTION Defense Based act Insurance (DBA)

COST

Before commencing performance under this contract the Contractor shall provide workers' compensation insurance or security as required by the Defense Base Act and maintain it until performance is completed. The amount listed by the offeror on this CLIN is the estimated DBA insurance premium. The actual amount paid by the government under this CLIN will be based on the amount of the insurance paid invoice. The amount listed by the offeror on this CLIN is the estimated DBA insurance premium (estimated payroll of the offeror and its subcontractors times the applicable rate(s)). The actual amount paid by the government under this CLIN will be based on the amount of the Agent/Broker’s invoice submitted by the offeror after contract award. In the event of recalculation of the premium by the Insurance Carrier based on actual payroll amounts, the contracting officer will adjust this CLIN by contract modification to reflect actual premium amounts paid.

For more information, see FAR clause 52.228-3, Worker’s Compensation Insurance.

2001 12 Months OPTION Afghan Legal Advisor

FFP

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to collect investigative and judicial documents from various entities of the Government of the Islamic Republic of Afghanistan (GIRoA) and provide advice to the OSJA on Afghan military and civilian law, to include investigative and judicial process in accordance with the PWS.

2002 1 Each OPTION Defence Base Act Insurance (DBA)

COST

Before commencing performance under this contract the Contractor shall provide workers' compensation insurance or security as required by the Defense Base Act and maintain it until performance is completed. The amount listed by the offeror on this CLIN is the estimated DBA insurance premium. The actual amount paid by the government under this CLIN will be based on the amount of the insurance paid invoice. The amount listed by the offeror on this CLIN is the estimated DBA insurance premium (estimated payroll of the offeror and its subcontractors times the applicable rate(s)). The actual amount paid by the government under this CLIN will be based on the amount of the Agent/Broker’s invoice submitted by the offeror after contract award. In the event of recalculation of the premium by the Insurance Carrier based on actual payroll amounts, the contracting officer will adjust this CLIN by contract modification to reflect actual premium amounts paid.

For more information, see FAR clause 52.228-3, Worker’s Compensation Insurance.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 17-JUL-2018 TO

16-JUL-2019

N/A HQ RESOLUTE SUPPORT

OFFICE OF THE LEGAL ADVISOR

(LEGAD)

KABUL

CARLOS GARCIA

318-449-0976

W90ZEL

0002 24-JUL-2018 1 (SAME AS PREVIOUS LOCATION)

1001 POP 17-JUL-2019 TO

16-JUL-2020

N/A (SAME AS PREVIOUS LOCATION)

1002 24-JUL-2019 (SAME AS PREVIOUS LOCATION)

2001 POP 17-JUL-2020 TO

16-JUL-2021

N/A (SAME AS PREVIOUS LOCATION)

2002 24-JUL-2020 (SAME AS PREVIOUS LOCATION)

PERFORMANCE WORK STATEMENT

United States Forces - Afghanistan (USFOR-A), Office of the Staff Judge Advocate (OSJA)

Afghan Legal Advisor

PART 1

GENERAL INFORMATION

1. GENERAL: This is a non-personal services contract to provide legal advisor services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.1. Description of Services/Introduction: The Contractor shall provide all management supervision, personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services to perform legal advisor services as defined in this Performance Work Statement (PWS) except for those items specified as Government Furnished property (GFP) and services. The contractor shall perform to the standards in this contract to collect investigative and judicial documents from various entities of the Government of the Islamic Republic of Afghanistan (GIRoA) and provide advice to the OSJA on Afghan military and civilian law, to include administrative, investigative, prosecutorial, and judicial process.

1.2. Background: The OSJA requests a legal advisor in order to comply with/accomplish Government of the Islamic Republic of Afghanistan (GIRoA) administrative, investigative, and judicial processes and documentation.

1.3. Objectives: Contracted legal advisor capable of legally obtaining copies of relevant documents from administrative, ministerial, prosecutorial, and judicial bodies of the GIRoA and capable of providing legal advice on Afghan military and civilian law, to include administrative, investigative, prosecutorial, and judicial processes.

Contracted legal advisor must be able to fluently read and write Dari and English at a professional level and be able to fluently read Pashto.

1.4. Scope: The Contractor shall travel to various departments of the GIRoA in order to legally obtain court records, reports of investigation, and other documents that OSJA may require. The Contractor will provide summary translations of the documents from Dari or Pashto into English. The Contractor will also provide expertise and advice on Afghan military and civilian law, to include administrative, investigative, prosecutorial, and judicial processes. The Contractor will travel to various GIRoA government facilities in and around Kabul. The Contractor will provide advice electronically (via phone and email) from the Contractor’s own office and will provide advice in person at Camp Resolute Support Headquarters upon prior arrangement. The Contractor will treat as confidential all proprietary information obtained from OSJA and will not disclose such information to others, except on written authorization from OSJA. The Contractor will collect and deliver to OSJA copies of relevant Afghan documents along with an English summary of those documents. The Contractor will also provide timely legal memoranda in English in response to OSJA questions regarding Afghan law or collected documents.

1.5. Period of Performance: The period of performance shall be for one (1) Year (12 months) and two (2) 12-month option years. The period of performance shall be one (1) twelve (12) month base period and two (2) twelve (12) month option periods

1.6. General Information

1.6.1. Quality Control (QC): The contractor shall develop and maintain an effective Quality Control Plan (QCP) to ensure the services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which the work being performed complies with the requirements of the contract. As a minimum, the contractor shall provide a method for performing inspections; identifying, correcting and preventing problems; addressing customer complaints, and improving the quality of products and services over the life of the contract. The contractor will submit the QCP within 30 days after contract award to the Contracting Officer (KO) and Contracting Officer Representative (COR). After acceptance of the quality control plan the contractor shall receive either the KO’s acceptance in writing or any proposed changes required.

1.6.2. Quality Assurance (QA): The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the

Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and minimum acceptable defect rate(s).

1.6.3. Recognized Holidays:

The Contractor is not required to perform services on holidays identified below.

Holiday Name Holiday Type

March equinox Season

Afghan Victory Day Public Holiday

Ramadan starts Public Holiday

Eid al-Fitr Public Holiday June Solstice Season

Independence Day (National Day) Public Holiday

Eid al-Qurban Public Holiday

Ashura Public Holiday

September equinox Season

Arba'een Observance

The Prophet's Birthday Public Holiday

December Solstice Season

1.6.4. Hours of Operation: The contractor is responsible for conducting business between the hours of 8:00am – 4:30pm, Saturday through Wednesday, except Afghan National holidays or when the Afghan government facilities are closed due to local or national emergencies or other administrative closings.

1.6.5. Place of Performance: The work to be performed under this contract shall be performed at the Contractor’s home, the Contractor’s office, or the relevant courts and ministries. From time to time and with advance notice, the Contractor shall meet OSJA staff at Camp Resolute Support in Kabul.

1.6.6. Type of Contract: The government will award a Firm Fixed Price (FFP) contract.

1.6.7. Security Requirements: The Contractor must be able to qualify for access to Camp Resolute Support in Kabul.

1.6.7.1. Physical Security: The contractor must be able to qualify for access to Camp Resolute Support located in Kabul. The Contractor shall comply with all requirements of Camp Resolute Support. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as required by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. The Contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use and must comply with all requirements of Camp Resolute Support. At the close of each work period, government facilities, equipment and materials shall be secured.

1.6.8. Special Qualifications: The Contractor must be a native speaker of Pashto or Dari and be fluent in reading and writing Pashto and/or Dari. The Contractor must speak, read and write English fluently. The contractor must be able to read and write Dari and English at a professional level, to include understanding of military and legal terminology. The Contractor must possess a law degree from an accredited university and have a minimum of three years of legal experience in Afghanistan. The Contractor does not need to demonstrate proof of a license, however, they must provide proof of graduation from an Afghanistan Law School. The Contractor must be knowledgeable on both Afghan military and civilian law. The Contractor must be able to qualify for access to Camp Resolute Support Headquarters in Kabul. There is a preference for a contractor who lives in the local Kabul area. The contractor must provide their own vehicle.

1.6.9. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10. Contracting Officer Representative (COR): Contracting Officer Representative (COR): A letter of designation will be issued to the COR, copy of which will be sent to the contractor. The (COR) has no authority to make any commitments or changes that affect price, quality, quantity, delivery or other terms and conditions of the contract nor in any way direct the contractor or its subcontractors to operate in conflict with the contract terms and conditions.

1.6.11. Key Personnel: The following personnel are considered key personnel by the government: Afghan Legal Advisor.

1.6.12. Identification of Contractor Employee: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced are suitably marked as contractor products or that contractor participation is appropriately disclosed

1.6.13. Contractor Travel: The Contractor is responsible for all transportation required in performing the requirement of the PWS.

1.6.14. Data Rights: The Government has unlimited rights to all documents/material produced under this contract.

All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.15 Not Used

1.6.16. Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17. Phase In/Phase Out Period: Phase In requirements include initial in-processing and vetting of legal advisor.

Phase Out requirements include providing any and all documentation collected or produced in the scope of this contract to Camp Resolute Support Headquarters OSJA and successor Contractor, if applicable.

PART 2

DEFINITIONS AND ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.7. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.8. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.9. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.10. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.11. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Saturday through Wednesday.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (incl. Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: Not applicable

3.2. Facilities: Not applicable

3.3. Utilities: Not applicable

3.4. Equipment: Not applicable

3.5. Materials: Not applicable

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract.

4.2. Secret Facility Clearance: Not applicable

4.3. Materials: Not applicable

4.4. Equipment: Not applicable

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall:

5.1.1. Travel to various departments of the GIRoA in order to legally obtain court records, reports of investigation and other documents that OSJA may require;

5.1.2. Provide summary translations of the documents in English;

5.1.3. Provide expertise and advice on Afghan military and civilian law, to include administrative, investigative, prosecutorial, and judicial processes; and,

5.1.4. Provide legal memoranda (in English) in response to OSJA questions regarding the collected documents.

5.2. CONTRACTOR MANAGEMENT REPORTING (CMR) (Only applies to Army Customers): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also know as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost;

(10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub- Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement.

Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

PWS

Paragraph

Performance Objective Standards /

AQL

Inspection What How/

Method When/ Freq

5.1.1. Travel to various departments of the

GIRoA in order to legally obtain court records, reports of investigation and other documents that OSJA may require

Zero Deviation

Records & Reports

Periodic Surveillance

Monthly/Periodic / 100% Inspection

5.1.2. Provide summary translations of the

documents in English

Zero Deviation

Summaries Periodic Surveillance

Monthly/Periodic / 100% Inspection

5.1.3. Provide expertise and advice on Afghan

military and civilian law, to include administrative, investigative, prosecutorial, and judicial processes

Zero Deviation

Advice Periodic Surveillance

Monthly/Periodic / 100% Inspection

5.1.4. Provide legal memoranda (in English)

in response to OSJA questions regarding the collected documents

Zero Deviation

Memos Periodic Surveillance

Monthly/Periodic / 100% Inspection

52.212-1 ADDENDUM

A. INSTRUCTIONS AND VOLUMES REQUIRED:

To assure timely and equitable evaluation of quotations, offerors must follow the instructions contained herein. Quotations must be complete, self-sufficient, and respond directly to the requirements of this solicitation. Offerors shall assume that the Government has no prior knowledge of their experience, and will base its evaluation on the information presented in the Offeror's Quotations.

1. Volume I - Price

2. Volume II - Technical Capability

B. SPECIFIC INSTRUCTIONS:

1. In regards to all parts: ONLY ELECTRONIC QUOTATIONS WILL BE ACCEPTED. All Quotations must be received by the contracting office no later than 1:00 p.m., Afghanistan time, 10 July 2018. All questions regarding the solicitation, to include the Performance Work Statement (PWS), must be submitted no later than 1:00 p.m., Afghanistan time, 6 July 2018.

i. Offerors are responsible for submitting Quotations, and any revisions, and modifications, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. Due to the austere environment of Afghanistan, offerors should anticipate delays in the delivery of electronic Quotations. Offerors are encouraged to request “Delivery Receipts” and “Read Receipts” to confirm delivery if they do not receive these receipts.

ii. An offer received in the office designated in the request for quotations after the exact date specified for receipt of final quotations will not be considered eligible for award. A late offer, late modification of an offer, late final quotation revisions, or late withdrawal of an offer will not be considered unless it is received before contract award and then only if the offer was (1) transmitted through an electronic commerce method authorized by the solicitation and received by the government not later than 5:00 pm one working day before the date set for receipt of bids, or (2) received by the government installation designated for receipt of bids and was under the governments control prior to the time set for receipt of bids. Acceptable evidence of the time of receipt of bids includes the date/time stamp at the government’s installation, other documentary evidence maintained by the installation or statement of a government employee.

iii. Electronic Quotations shall be e-mailed to Eric Tippit, eric.l.tippit.civ@mail.mil and the Contracting Officer, SFC Keith L. Legette, at keith.l.legette.mil@mail.mil.

. Ensure your submission is not larger than 4 megabytes. If your file is larger than 4 megabytes break the email into smaller files and send them individually. Example: (INSERT COMPANY NAME, Solicitation Number (W91B4N-18-Q-5033), EMAIL 1 of 3 etc.)

2. The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English.

3. For Parts I, and II, font must be Times New Roman, size 12.

4. Documents submitted in response to this Request for Quote (RFQ) must be fully responsive to and consistent with the following:

(a) Requirements of the RFQ Contract Line Items (CLIN).

(b) Evaluation Factors for Award at FAR 52.212-2, Evaluation -- Commercial Items (OCT 2014), of this RFQ and its addendum.

5. Offerors will clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

6. Offerors will submit all parts to be technically accurate with valid pricing for a period of 60 days past the posted solicitation close date.

7. It is required that the Offeror shall be registered and approved in the Joint Contingency Contracting System (JCCS) prior to award under this solicitation.

C. ORGANIZTION:

1. VOLUME I – PRICE QUOTATIONS

a. The Price Quotations must be a separate volume. Complete blocks 12, 17a, 17b, 30a, 30b, and 30c of the Request for Quote (RFQ) SF 1449. In doing so, the offeror agrees to the contract terms and conditions as written in the RFQ.

b. Insert the proposed unit and extended prices in the pricing schedule for each contract line item (CLIN) including all option periods.

2. VOLUME II - TECHNICAL CAPABILITY

The Contractor shall provide a written narrative that demonstrates how they will meet the requirements and specifications outlined in the Performance Work Statement. Contractors are cautioned not to simply restate what's written in the PWS. General statements that the offeror understands, can, or will comply with the requirements, and phrases such as "standard procedures will be employed", or "well known techniques will be used" etc., will not be acceptable.

Offer Preparation Instructions

1. Offer Format

(a) Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in a quote being ineligible for award.

(b) The quotes shall be organized into two sections.

Volume Volume Title Maximum Number of Pages

I PRICE QUOTATIONS No Page Limit

II TECHNICAL CAPABILITY

TECHNICAL CAPABILITY

**REDACTED**

10 Pages 10 Pages

** Redacted copies include blanking/blacking out or removing any information that would identify the offerors’ company, such as but not limited to: company names or affiliates, addresses, phone/fax numbers, names of employees, logos, etc. Another way of saying REDACTED is anonymous; which is the adjective form of anonymity, the state of an individual's identity, an Organization’s identity, or Company’s identity, or identifiable information, being publicly unknown. This includes any and all identifiable information, being publicly unknown, which would be traceable to the offeror.

(c) Quotation Limitation. The proposal shall not exceed the limits stated above. If the page limits are exceeded, the pages in excess of the limit shall be removed and not evaluated. The Government will not accept any changes to the contractor’s proposal after the closing date and time. Page limitation includes all pages, appendices, charts, graphs, diagrams, tables, photographs, and drawings, excluding resumes. Proposals are limited to font size 12, Time New Roman or Arial, PDF format, no more than 4MB.

• ONLY THE REQUIRED MINIMUM AMOUNT OF INFORMATION IS REQUESTED

TO PROVIDE FOR PROPER EVALUATION. EFFORTS SHOULD BE MADE TO

KEEP OFFERS AS BRIEF AS POSSIBLE CONCENTRATING ON SUBSTANTIVE

INFORMATION ESSENTIAL FOR PROPER EVALUATION.

(End of provision)

52.212-2 ADDENDUM

Evaluations – Factors

1. Basis of Award. The Government intends to award a contract resulting from this solicitation to the most responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price Technical Capability

a. The Government will evaluate proposed prices for reasonableness using price analysis techniques. Proposed prices evaluated as unreasonable may be grounds for eliminating a quotation from competition. Unreasonably high, unbalanced, inaccurate or incomplete price quotations may be the grounds for eliminating a quotation from competition.

b. Award for All of the Work. The Government intends to award one contract as a result of this solicitation.

c. All quotations will be reviewed for timeliness. If the quotation is received after the closing date and time and does not meet the criteria for “late submissions” in the solicitation, the quotation will not be opened.

d. Timely quotations will be reviewed for responsiveness (compliance) to the solicitation. If the quotation is not responsive to the solicitation, it will not be evaluated and the non-responsive offeror will be notified that the quotation is non-responsive.

e. Timely and responsive quotations will be ranked from lowest to highest price.

f. The lowest priced quotation will be evaluated for price reasonableness and technical capability.

2. FACTOR 1: PRICE

(a) Price Assessment: Price will not be scored or rated. All CLIN pricing must be complete and accurate. Furthermore, prices will be assessed IAW FAR 13.106-2 for fairness and reasonableness. The Government reserves the right to require the submission of Other Than Certified Cost or Pricing Data as is deemed necessary to arrive at a fair and reasonable price.

Offerors are advised that the Option to Extend Services Clause at FAR 52.217-8 is included in this solicitation and will be included in the awarded contract. During the evaluation of offers, the Contracting Officer will add the cost of a six-month FAR 52.217-8 extension period to all evaluated offers. The cost of the six-month extension period will be calculated at the monthly rate during the contract's latest period of performance.

3. FACTOR 2: TECHNICAL CAPABILITY

The Government will assess that Contractor's technical capability by comparing the written narrative to the requirements and specifications stated in the Performance Work Statement (PWS). Contractor's narrative must address experience and meet the requirements and specifications stated in the PWS paragraph 1.6.8. A copy of your law degree should be included with the technical capability package.

(End of Addendum)

CLAUSES INCORPORATED BY REFERENCE

52.212-2 Evaluation - Commercial Items OCT 2014 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.222-50 Combating Trafficking in Persons MAR 2015 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.233-3 Protest After Award AUG 1996 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.225-7048 Export-Controlled Items JUN 2013 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.229-7014 Taxes--Foreign Contracts in Afghanistan DEC 2015 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of…