19WHAR18Q0001_-_Amendment_0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE

04/10/2018

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

RPSOMCODE

REGIONAL PROCUREMENT SUPPORT

4000 NORTH ANDREWS AVE

ATTN: FLORIDA REGIONAL CENTER

FORT LAUDERDALE, FL 33309

Juan M. Fernandez

NAME

305-718-4291

TEL.

fernandezjm@state.gov

EMAIL

6. ISSUED BY RPSOMCODE

REGIONAL PROCUREMENT SUPPORT

4000 NORTH ANDREWS AVE

ATTN: FLORIDA REGIONAL CENTER

FORT LAUDERDALE, FL 33309

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

19WHAR18Q0001

CONTACT DUNS

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

02/27/2018

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.X

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Refer to attached continuation pages.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Juan M. Fernandez

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

04/10/2018

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

19WHAR18Q0001

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 (Jan 2017) 52.222-29 Notification of Visa Denial (Apr 2015) 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) 52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.242-15 Stop-Work Order (Aug 1989) 52.243-1 Changes - Fixed-Price (Aug 1987) 52.243-1 Alt II Changes - Fixed-Price (Aug 1987) - Alternate II (Apr 1984) 52.246-16 Responsibility for Supplies (Apr 1984) 652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (June 2016) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2018) 52.246-17 Alt V Warranty of Supplies of a Noncomplex Nature (June 2003) - Alternate V (Apr 1984) 52.246-19 Alt III Warranty of Systems and Equipment under Performance Specifications or Design Criteria (May 2001) - Alternate III (Apr 1984) 52.246-20 Warranty of Services (May 2001) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

I-001 RECRUITMENT OF THIRD COUNTRY NATIONALS (TCNs) FOR PERFORMANCE ON DEPARTMENT OF STATE CONTRACTS (December 4, 2014)

3 Solicitation Provisions 52.212-1 Instructions to Offerors--Commercial Items (Jan 2017) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

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

652.219-70 DEPARTMENT OF STATE SUBCONTRACTING GOALS (APR 2004)

1. TAILORING OF FAR 52.212-1

2. QUOTATION PREPARATION INSTRUCTIONS

3. SCHEDULED SITE VISIT

4 Evaluation Factors

M-001 EVALUATION OF QUOTATIONS

5 Representations and Certifications 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.212-3 Offeror Representations and Certifications--Commercial Items (Nov 2017) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015)

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

K-001 MAINTENANCE CERTIFICATION

K-002 Recruitment of Third Country Nationals and Provision of Employer Furnished Housing Certification

K-003 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION AND DISCLOSURE.57

K-004 CERTIFICATION

001 Repair and Restoration of MNE Interceptor Boat Hull Number BP-402

Delivery date: Refer to RFQ Section 1, Item 30.

1.00 JB

Current Location: Buenaventura Coast Guard Station, Valle del Cauca, Colombia.

Refer to attached continuation pages for details.

Doc Ref No:

Delivery Date FOB:

Destination

002 Repair and Restoration of MNE Interceptor Boat Hull Number BP-403

Delivery date: Refer to RFQ Section 1, Item 30.

1.00 JB

Current Location: Buenaventura Coast Guard Station, Valle del Cauca, Colombia.

Refer to attached continuation pages for details.

Doc Ref No:

Delivery Date FOB:

Destination

003 Repair and Restoration of MNE Interceptor Boat Hull Number BP-495

Delivery date: Refer to RFQ Section 1, Item 30.

1.00 JB

Current Location: Cartagena Coast Guard Station, Bolivar, Colombia.

Refer to attached continuation pages for details.

Doc Ref No:

Delivery Date FOB:

Destination

004 Repair and Restoration of MNE Interceptor Boat Hull Number BP-497

Delivery date: Refer to RFQ Section 1, Item 30.

1.00 JB

Current Location: Cartagena Coast Guard Station, Bolivar, Colombia.

Refer to attached continuation pages for details.

Doc Ref No:

Delivery Date FOB:

Destination

005 100-Hour Maintenance Kit

Delivery date: Refer to RFQ Section 1, Item 30.

30.00 KT

Refer to attached continuation pages for details.

Doc Ref No:

Delivery Date FOB:

Destination

006 200-Hour Maintenance Kit

Delivery date: Refer to RFQ Section 1, Item 30.

12.00 KT

19WHAR18Q0001

Line Item Summary

Solicitation Number:

19WHAR18Q0001

Contract Number: Title: INL Bogota - MNE Interceptor Boats Repair

Date of Solicitation:

04/10/2018

Line Item No. Description Quantity Unit Unit Price Total Cost

Refer to attached continuation pages for details.

Doc Ref No:

Delivery Date FOB:

Destination

007 500-Hour Maintenance Kit

Delivery date: Refer to RFQ Section 1, Item 30.

3.00 KT

Refer to attached continuation pages for details.

Doc Ref No:

Delivery Date FOB:

Destination

008 1,000-Hour Maintenance Kit

Delivery date: Refer to RFQ Section 1, Item 30.

2.00 KT

Refer to attached continuation pages for details.

Doc Ref No:

Delivery Date FOB:

Destination

009 3,000-Hour Maintenance Kit

Delivery date: Refer to RFQ Section 1, Item 30.

1.00 KT

Refer to attached continuation pages for details.

Doc Ref No:

Delivery Date FOB:

Destination

19WHAR18Q0001

Line Item Summary

Solicitation Number:

19WHAR18Q0001

Contract Number: Title: INL Bogota - MNE Interceptor Boats Repair

Date of Solicitation:

04/10/2018

Line Item No. Description Quantity Unit Unit Price Total Cost

Section 1- Solicitation/Contract Form

SECTION 1 CONTINUATION TO SF-1449

1.0 TYPE OF CONTRACT

The Government intends to award a firm-fixed- price (FFP) purchase order payable entirely in US dollars (USD). No additional sums will be payable for any escalation in the cost of materials, equipment or labor, or be-cause of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of completing the purchase order. The Government will not adjust the contract price due to fluctuations in the cost of contract performance or due to fluctuations in exchange rates.

2.0 SITE VISIT

Quoters are urged and expected to inspect the boats, trailers, and related components to be repaired, restored, and installed under this contract to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the boats, trailers, and related components constitute grounds for a claim after contract award.

3.0 VALUE ADDED TAX

Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or In-voices because the U.S. Embassy has a tax exemption certificate from the host government.

4.0 REQUIRED PRODUCTS AND SERVICES

Refer to revised attachments 1 and 2.

5.0 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.

6.0 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.

7.0 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.

The Contractor, or anyone acting on its behalf, shall not refer to the supplies, services, or equipment furnished under this contract in any news release or commercial advertising without first obtaining explicit written con-sent to do so from the Contracting Officer (CO).

The contractor is prohibited from sharing or making public any information contained in this contract, to in-clude the SOW. The contractor is also prohibited from sharing or making public any pictures of the boats at any given time (present or future). The contractor may be required to sign a non-disclosure agreement by the Colombian Coast Guard.

The contractor is required to adopt the necessary measures to safeguard the information, documents, and any matter related to the repairs; abstaining from reproducing documents or using information without authorization from the INL COR and the Colombian Coast Guard.

8.0 LAW AND ORDER DISTURBANCES

While inside the military unit and in case of any local law and order uprising, the contractor personnel shall abide by all instructions issued by the Colombian military personnel at the Coast Guard Stations in Buenaven-tura and Cartagena. INL Section of the United States Embassy in Bogotá and the Colombian Coast Guard are not responsible for the consequences derived from any local law and order uprising .

9.0 ACCESS TO COLOMBIAN COAST GUARD STATIONS

(a) Entry permits. The INL Section of the United States Embassy in Bogotá and/or the Colombian Coast Guard reserve the right of entry of any individuals and equipment to the Coast Guard Stations in Buenaventura and Cartagena. The contractor shall request entry to the respective Coast Guard Station Commander a least five (5) working days prior to arriving.

(b) Security authorizations. Upon obtaining the corresponding entry permits, the personnel designated by the contractor will be authorized entrance to the military unit where the MNE boats are located. The contractor per-sonnel carrying out the work will not be allowed in unauthorized areas within the military units. Other security measures may be required by the Colombian Coast Guard.

(c) Physical Security. While inside the military unit, the contractor shall safeguard all elements, materials, and equipment owned by the Colombian Coast Guard that could be used. The INL Section of the United States Em-bassy in Bogotá and the Colombian Coast Guard are not responsible for the equipment that the contractor brings to the military unit. The security of the contractor equipment is the sole responsibility of the contractor.

10.0 INDUSTRIAL SAFETY, ENVIRONMENT, SOCIAL SECURITY, AND OCCUPATIONAL

HEALTH

While inside the military unit, the contractor shall adopt all Colombian Coast Guard safety measures in place to prevent incidents to the contractor personnel and that may affect the community’s health and welfare.

The contractor is responsible for making sure that all contractor personnel wear the adequate garments and pro-tection elements abiding by the legal dispositions in effect from the Colombian Ministry of Labor related to In-dustrial Safety and Occupational Health.

The contractor is responsible for making sure that any contractor personnel employed is registered and up-to-date with contributions to the applicable Social Security System, including Healthcare Provider Services, and Labor Risk Administration. The contractor is responsible for all damages to military facilities derived from any activity or any accident occurring while the contractor personnel are inside the military unit.

11.0 LAWS AND REGULATIONS

(a) Compliance Required. The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, in-cluding those of the host country, and with the lawful orders of any governmental authority having jurisdiction.

Unless otherwise directed by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations and orders and of the contract. In the event of a conflict between the con-tract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

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

(c) Subcontractors. The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all requisite licenses and permits.

(d) Evidence of Compliance. The Contractor shall submit proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause.

12.0 USE OF PREMISES

(a) The Contractor, its subcontractors, and their employees shall comply with the regulations promulgated by the Colombian Coast Guard governing access to, operation of, and conduct while in or on the premises and shall perform the work required under this contract in such a manner as not to unreasonably interrupt or inter-fere with the conduct of Colombian Coast Guard business.

(b) The Contractor, its subcontractors and their employees shall not have access to or be admitted into any building or portion of the site outside the areas designated in this contract except with the permission of the Contracting Officer Representative. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer’s Representative (COR).

13.0 MATERIAL AND WORKMANSHIP

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. Refer-ences in the specifications to equipment, material, articles, or patented processes by trade name, make, or cata-log number, shall be regarded as establishing a standard of quality and shall not be construed as limiting com-petition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer’s approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Con-tracting Officer the name of the manufacturer, the model number, and other information concerning the per-formance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer’s approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting ap-proval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor’s expense, with all shipping charges prepaid.

Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Of-ficer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

14.0 PERMITS AND RESPONSIBILITIES

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Colombian, Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

15.0 PROTECTION OF BUILDINGS, EQUIPMENT, AND VEGETATION

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Colombian Coast Guard installations. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

16.0 REQUIRED INSURANCE

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance period general liability insurance. The Contractor shall also obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The contractor shall acquire sufficient insur-ance for each MNE boat to cover any accidents or incidents that occur during the restoration process or while the MNE boats are in the contractor’s possession. The minimum amount of insurance for each boat shall be

USD $750,000.00.

The contractor shall have sufficient insurance coverage to address any situation that may emerge while inside the military unit and while in possession of the four MNE boats. The insurance policy shall cover damage to others, accidents, transportation incidents, theft, assault, law and order situations, and any other possible situ-ation affecting the repairs and restoration of all four MNE boats. The Contracting Officer may impose addition-al or specific insurance coverages.

(b) The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

The Contractor shall furnish to the Contracting Officer a current certificate of insurance as evidence of the in-surance required.

(c) The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from and incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

(d) If the Contractor intends to use any subcontractors under this contract, the Contractor shall ensure that the subcontractor carries the types and amounts of insurance identified in this clause. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance and shall make copies available to the Contracting Of-ficer upon request.

17.0 DEFENSE BASE ACT (DBA) INSURANCE

The price of this purchase order includes DBA insurance premium costs covering contractor and subcontractor employees. The offeror may obtain DBA insurance directly from any Department of Labor approved providers listed at the DOL website at: http://www.dol.gov/owcp/dlhwc/lscarrier.htm

18.0 APPROVAL OF SUBCONTRACTORS

(a) Review and approval. The Government reserves the right to review proposed subcontractors for a period of five (5) calendar days before providing notice of approval or rejection of any or all subcontractors.

(b) Rejection of subcontractors. The Government reserves the right to reject any or all subcontractors proposed if their participation in the project, as determined by the Contracting Officer, may cause damage to the interests of the United States or the Colombian Coast Guard. The Contractor agrees to promptly replace, at no additional cost to the Government, any subcontractor rejected by the Government under this clause.

19.0 KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel:

Position Name Naval Architect or Naval Engineer TBD Quality Control Supervisor TBD

(b) The contractor agrees that a partial basis for award of this contract is the list of key personnel proposed. Ac-cordingly, the contractor agrees to assign to this contract those key persons whose resumes were submitted with the quotation necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Officer. During the first ninety (90) days of performance, the contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

(c) In the case of substitution of Key Personnel, all proposed substitutes shall meet or exceed the qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any proposed substitution at least thirty (30) days in advance of the proposed substitution. Such notification shall include:

(1) an explanation of the circumstances necessitating the substitution;

(2) a complete resume of the proposed substitute; and

(3) any other information requested by the Contracting Officer to enable him/her to judge whether or not the contractor is maintaining the same high quality of personnel that provided the partial basis for award.

20.0 INL SOURCE-NATIONALITY RESTRICTIONS

(a) Except as may be specifically approved by the contracting officer, the contractor must procure all commod-ities (e.g., equipment, materials, vehicles, supplies) and services (including commodity transportation services) in accordance with the requirements at 22 CFR part 228 “Rules on Procurement of Commodities and Services Financed by USAID.” Guidance on eligibility of specific goods or services, and applicable INL waivers, may be obtained from the contracting officer.

(b) Restricted goods. The contractor must obtain prior written approval of the contracting officer or comply with required procedures under an applicable waiver as provided by the contracting officer when procuring any of the following goods or services:

(1) Agricultural commodities;

(2) Motor vehicles;

(3) Pharmaceuticals and contraceptive items;

(4) Pesticides;

(5) Fertilizer;

(6) Used equipment; or

(7) U.S. Government-owned excess property.

If the contracting officer determines that the contractor has procured any of these specific restricted goods under this contract without the prior written authorization of the contracting officer or fails to comply with required procedures under an applicable waiver as provided by the contracting officer, and has received payment for such purposes, the contracting officer may require the contractor to refund the entire amount of the purchase.

21.0 EXPORT RESTRICTIONS

(a) The Contractor shall comply with all U.S. export control laws and regulations, including but not limited to the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Adminis-tration Regulations (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 order, including instances where the work is to be performed in the US where the foreign person will have access to export-controlled technical data or software.

(d) The Contractor shall be responsible for all regulatory recordkeeping 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.

(f) 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.

22.0 CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONS

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

or. For the purpose of this clause, a written commitment by the Contractor is limited to the quotation submitted by the Contractor, and to specific written modifications to the quotation. Written commitments by the Contract-or are further defined as including (1) any warranty or representation made by the Contractor in a quotation as to hardware or software performance; total systems performance; and other physical, design, or functional char-acteristics of equipment, software package or system, or installation date; (2) any warranty or representation made by the Contractor concerning the characteristics or items described in (1) above, made in any publications, drawings, or specifications accompanying or referred to in a quotation; and (3) any modification of or affirma-tion 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 revision to the quotation.

23.0 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.

24.0 DATA DELIVERABLES / REPORTS

(a) The Government shall have up to fifteen (15) 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 incorporate comments or implement directed changes, after discussion or clarification with the designated contracting officer representative (COR), and, if necessary, submit a final version of the product no later than five (5) business days thereafter.

(b) All documentation and reports developed or provided by the contractor shall become the property of the U.S. Government. 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;

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.

25.0 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.

26.0 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 contain the follow-ing 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 registered in the System for Award Management (SAM) should verify and re-confirm their financial information 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 invoice must match the remittance ad-dress 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

27.0 WEEKLY CONTRACTOR REPORT

The contractor shall provide (electronically to ZunigaJX@state.gov and OrtizHM@state.gov) weekly project reports on activities completed, pending action items, and activities planned for the following week. The contractor shall discuss in detail any deviations from the approved project plan and corrective actions to be taken to ensure this contract is completed on schedule. The Contractor shall report any coordination or other delays caused by the Colombian Coast Guard or USG.

28.0 INCORPORATION OF CONTRACTOR’S QUOTATION

The Contractor shall perform this contract in accordance with its quotation and any revisions thereto submitted in response to Solicitation No. 19WHAR18Q0001. Any conflict between the contractor’s quotation and the pur-chase order (to include any attachments) shall be resolved by giving precedence to the purchase order.

29.0 LIST OF SOLICITATION ATTACHMENTS

No. Name Description Date Pages 1 Attachment 1, Revi-sion 1 Statement of Work 6 Apr 2018 32

2 Attachment 2, Revi-sion 1

Appendices I - IX 6 Apr 2018 1 Excel workbook, 9 tabs

3 Attachment 3 Price Schedule 27 Feb 2018 1 Excel workbook, 1 tab

4 Attachment 4 Corporate Experi-ence Reference

27 Feb 2018 1

Template 5 Attachment 5 Key Personnel Re-sume Format 27 Feb 2018 1

30.0 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(a) The Contractor shall provide copies of DBA and other insurance no later than 15 calendar days after award.

The Contracting Officer will not issue the Notice to Proceed until after acceptable proof of insurance has been provided by the Contractor.

(b) The Contractor shall complete all work, excluding required warranty repairs, no later than 180 calendar days after the Contracting Officer issues a notice to proceed for this project.

Section 2- Contract Clauses

Clause Title

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 (Jan 2017)

52.222-29 Notification of Visa Denial (Apr 2015)

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)

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

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.242-15 Stop-Work Order (Aug 1989)

52.243-1 Changes - Fixed-Price (Aug 1987)

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

52.246-16 Responsibility for Supplies (Apr 1984)

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

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (June 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or gener-ated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple trans-actional information, such as necessary to process payments.

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

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

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

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following se-curity controls:

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

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

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

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

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

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

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

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

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

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

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

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

(xiii) Provide protection from malicious code at appropriate locations within organizational information sys-tems.

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

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

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

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

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to ac-quisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has in-dicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvest-ment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.

109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspen-ded, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(10) [Reserved].

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

X (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

X (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Nov 2016) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

X (20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657 f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as pre-scribed in 22.1803.)

(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of com-mercially available off-the-shelf items.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

(45)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(47)(i)…