19WHAR18Q0002.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19WHAR18Q0002

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

DATE

04/26/2018

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Juan M. Fernandez

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

c. EMAIL fernandezjm@state.gov

8. OFFER DUE DATE / LOCAL

TIME

05/14/2018 15:00:00

CODE RPSOM

REGIONAL PROCUREMENT SUPPORT

4000 NORTH ANDREWS AVE

ATTN: FLORIDA REGIONAL CENTER

FORT LAUDERDALE, FL 33309

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 324110

SIZE STANDARD: Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

As required in each Delivery Order

SEE

NOT AVAILABLE

orders Multi, XX 00000

CODE RPSOM16. ADMINISTERED BY

REGIONAL PROCUREMENT SUPPORT

4000 NORTH ANDREWS AVE

ATTN: FLORIDA REGIONAL CENTER

FORT LAUDERDALE, FL 33309

FACILITY

CODE

CODE

Contact Duns Telephone No.

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

GLOBAL FINANCIAL SERVICES CENTER, CHARLESTON,

SOUTH CAROLINA

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

ATTN: OFFICE OF CLAIMS

CHARLESTON, SC 29415-5008

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

OFFER X SEE ADDENDUM

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

CHECKED

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

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

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

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__ COPIES TO

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

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

TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

Juan M. Fernandez 31c. DATE SIGNED

04/26/2018

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19WHAR18Q0002

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) 52.212-4 Alt I Contract Terms and Conditions--Commercial Items (Jan 2017) - Alternate I (Jan 2017) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000) 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) 52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013) 52.232-18 Availability Of Funds (Apr 1984) 52.232-37 Multiple Payment Arrangements (May 1999) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.243-1 Changes - Fixed-Price (Aug 1987) 52.243-1 Alt II Changes - Fixed-Price (Aug 1987) - Alternate II (Apr 1984) 52.243-3 Changes - Time-and-Material or Labor-Hours (Sept 2000) 52.247-27 Contract Not Affected by Oral Agreement (Apr 1984)

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

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)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2018) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

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) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015) 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)

L-001 TAILORING OF FAR 52.212-1

L-002 ADDENDA TO FAR 52.212-1

4 Evaluation Factors

M-001 EVALUATION -- COMMERCIAL ITEMS

52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

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)

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

K-001 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION AND DISCLOSURE.53

K-002 CERTIFICATION

001 INL Bogota Petroleum, Oils, and Lubricants (POL) IDIQ 1.00 LT

Refer to attached continuation pages for IDIQ minimum and maximum, IDIQ contract effective period, and other terms and conditions.

Doc Ref No:

Delivery Date FOB:

19WHAR18Q0002

Line Item Summary

Solicitation Number:

19WHAR18Q0002

Contract Number: Title: INL Bogota POL IDIQ Date of Solicitation:

04/26/2018

Line Item No. Description Quantity Unit Unit Price Total Cost

Section 1- Solicitation/Contract Form

Clause Title

52.242-15 Stop-Work Order (Aug 1989)

52.211-16 Variation In Quantity (Apr 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by con-ditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

As specified in each delivery order Percent increase

As specified in each delivery order Percent decrease

This increase or decrease shall apply to As specified in each delivery order.*

(End of clause)

* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as--

(1) The total contract quantity;

(2) Item 1 only;

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destination; or

(5) The total quantity of each item without regard to destination.

(End of clause)

52.211-17 Delivery of Excess Quantities (Sept 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quant-ity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or in-terests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or re-tained and paid for by the Government at the contract unit price.

(End of clause)

Section 1- Solicitation/Contract Form

SECTION 1 CONTINUATION TO SF-1449

1. TYPE OF CONTRACT

This is an Indefinite-Delivery Indefinite-Quantity (IDIQ) contract for commercial supplies and associated ser-vices. The Government intends to utilize Firm-Fixed-Price (FFP) delivery orders to the maximum extent prac-ticable. The Government reserves the right to issue delivery orders utilizing any of the contract types, or a com-bination thereof, authorized by FAR 12.207.

Orders issued on a time-and-materials or labor-hour basis. A blanket Determinations and Findings (D&F) has not been approved for this IDIQ contract. As such, any orders issued on a time-and-materials or labor-hour basis require the ordering Contracting Officer to execute the appropriate determination required per FAR 12.207(b)(2) and FAR 12.207(c)(2).

The Government intends to award firm-fixed- price (FFP) delivery orders payable in US dollars (USD) to US vendors and in Colombian pesos (COP) to local vendors. Unless otherwise specified in the delivery order, no additional sums will be payable for any escalation in the cost of materials, equipment or labor, because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of completing delivery or-ders, or due to fluctuations in exchange rates.

The Government reserves the right to include price adjustment provisions at the delivery order level when deliv-eries spanning multiple dates are required.

2. EFFECTIVE PERIOD OF THE CONTRACT

The effective period for this IDIQ contract is established as five (5) years from the date of award.

3. MINIMUM AND MAXIMUM CONTRACT AMOUNTS

(a) Per FAR 52.216-22 "INDEFINITE QUANTITY," the minimum for this indefinite quantity contract shall be any quantity or combination of supplies and services equal to USD $1,000.00. This guaranteed minimum covers the base year and all option years of the contract.

(b) The maximum for this indefinite quantity contract (including options) shall be any quantity or combination of supplies and services equal to USD $5,000,000.00. This maximum amount is cumulative amongst all IDIQ contracts awarded.

4. SCOPE OF CONTRACT

INL Bogota has a requirement to acquire regular gasoline, aviation jet A-1 fuel, marine diesel, regular diesel, oil, and lubricants to support specific ongoing operations. The Government expects to purchase the following types of products and services under this contract:

• Marine Diesel

• Regular Gasoline

• JET-A1

• Diesel ACPM

• Motor Oil (Car, Trucks, and Heavy Machinery)

• Two-Cycle Oil for Mixing

• Hydraulic Oil (Trucks and Heavy Machinery)

• Transmission Oil / Fluid (Car, Trucks, and Heavy Machinery)

• Molybdenum Grease

• Delivery/Transport Services

• Testing and Inspection Services

The list is not exhaustive of all supplies and services that may be ordered under this contract. Additional sup-plies and services, within the general scope of this contract, may be added at the delivery order level. In general, and not exclusively, all products properly classified under NAICS codes 324110, 324191, and 325998 will be considered to be within the scope of this contract.

The Government expects multiple points of delivery throughout Colombia, including, but not limited to: Anti-oquia, Barranquilla, Bogota, Bolivar, Buenaventura, Caqueta, Cartagena, Choco, Guaviare, Medellin, Meta, Narino, N. de Santander, and Vichada. Additional delivery locations, including in isolated and potentially dan-gerous environments, may be required. The Contractor shall be solely responsible for all associated logistics.

Method of delivery will vary depending on delivery location and type of product ordered. The Contractor must be capable of delivering bulk fuel to specified Government locations on an FOB Destination basis or bulk fuel-ing Government-provided fuel trucks at the Contractor’s location. The specific delivery terms will be specified in request for delivery order proposals.

5. FUEL SPECIFICATIONS

Fuel delivered under this contract shall meet, unless different specifications are identified at the delivery order level, meet the following specifications and comply with all local environmental, safety, and other laws, codes, ordinances, and regulations.

Product Specifications Marine Diesel Colombian Resolution 80195, 1999 from Ministry of energy and mines. Microfiltration to 5 microns.

Regular Gasoline Colombian Technical Rule for regular fuels NTC 1380.

JET-A1 Colombian Technical Rule NTC 1899 (Oil and its de-rivatives, fuel for aviation turbine type engines), NTC 4517 (Requirements and procedures for the transport of turbo fuel Jet A-1), NTC 4642 (Requirements and stor-age procedures to maintain quality of turbo fuel. JET- A1), NTC 4643 Procedures for supplying fuel turbo

JET-A1.

Diesel ACPM Colombian Resolution 80195, 1999 from Ministry of energy and mines. Microfiltration to 5 microns.

6. PRICE OF PETROLEUM AND PETROLEUM-RELATED PRODUCTS

Given the volatility of fuel prices in Colombia, the price for petroleum and petroleum-related products under this contract will be determined at the delivery order level. The Government expects to obtain competition at the delivery order level. However, in the event competition is not obtained, the Contractor agrees that it will submit, if required by the Contracting Officer, data other than certified cost or pricing data to support further price ana-lysis. This data may include history of sales to non-governmental and governmental entities, cost data, or any other information the contracting officer requires to determine the price is fair and reasonable.

In no event shall the prices for petroleum and petroleum-related products offered under a delivery order be in excess of:

1. Prices based on the Contractor’s lowest rate available to the public for similar quantities;

2. Prices based on rates otherwise tendered to the Government by the Contractor for the same type of sup-plies and quantities; or

3. Prices set by host country laws, codes, ordinances, or regulations.

When proposing under a request for delivery order proposal, the Contractor shall clearly separate additional items (i.e. delivery, testing, etc.) from the actual price for the petroleum and petroleum-related products.

7. COLOMBIAN VALUE ADDED TAX

Colombian Value Added Tax (IVA) is not applicable to this contract and shall not be included in the CLIN rates or invoices. The U.S. Embassy has a tax exemption certificate from the host government. INL Bogota will provide copies of said certificate immediately after award of each delivery order.

8. OTHER DIRECT COSTS (ODCs)

ODCs (such as travel and DBA insurance), if required, will be proposed and negotiated at the delivery order level.

If travel is required under any delivery order issued under this contract, the Contractor shall be solely respons-ible to ensure personnel possess or obtain all required travel related documentation (passport, visas, etc.) and authorizations. The Contractor shall be solely responsible to ensure their employees meet all other requirements and are fit for travel.

9. RESERVED

10. 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) Licenses and Permits. The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any local laws, codes, and regulations applicable to the performance of the work.

(c) 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.

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

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

11. ACCIDENT PREVENTION

(a) The Contractor shall provide and maintain work environments and procedures which will --

(1) Safeguard the public and US and Colombian Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities; and

(2) Avoid interruptions of Colombian Government operations and delays in project completion dates.

(b) Whenever the COR becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the COR shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action.

This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take cor-rective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory cor-rective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(c) The Contractor shall insert this clause, including this paragraph (c), with appropriate changes in the designa-tion of the parties, in subcontracts.

12. SPILL PREVENTION AND RESPONSE

No hazardous materials or substances, petroleum products, or materials of environmental concern shall be dis-charged or spilled onto the ground, asphalt, or concrete-covered surfaces or improperly disposed at job sites.

The contractor shall clean and remediate, at no expense to the Government, any spills or releases.

If corrective action by the Contractor is not undertaken in a reasonably prudent time, the government reserves the right to execute cleanup and remediation at Contractor’s expense and to recover said costs from the Con-tractor. The Contractor shall reimburse the Government for all expenses incurred, to including fines levied by Federal, State, local, and /or host country governments.

The contractor shall maintain spill control material on hand at all times sufficient to contain a worse case spill, both volume and hazard level. Care will be taken to minimize or avoid fuel spills when refueling equipment. If a fuel spill does occur, it shall be reported immediately to the COR and Government of Colombia Representat-ive.

13. DAMAGE TO PERSONS OR PROPERTY

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

(b) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall re-place 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 de-ducted from the contract price.

(c) The Contractor bears all risk and responsibility for loss or damage to equipment and personal injury or death of its employees, agents, or subcontractors. The Contractor is responsible for obtaining adequate insurance to cover the risks discussed herein. The Government will not reimburse the Contractor for claims stemming from loss or damage to product or equipment or personal injury or death of employees, agents or subcontractors. The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned by the action of the Contractor or the Contractor’s employees and agents performing under this contract. The Government shall be indemnified and saved harmless against claims for damage, personal injury, or death.

14. 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 for the location of the work. The contractor shall acquire sufficient insur-ance to cover any accidents or incidents that may occur during the performance of this contract. The insurance policy shall cover damage to others, accidents, transportation incidents, theft, assault, law and order situations, and any other possible situation affecting the work to be performed. The Contracting Officer may impose addi-tional 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 subcontractors carry 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.

15. 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 Government of Colombia. The Contractor agrees to promptly replace, at no addition-al cost to the Government, any subcontractor rejected by the Government under this clause.

16. FAMILIARIZATION WITH CONDITIONS

The Contractor shall become familiar with all available information regarding difficulties that may be en-countered and the conditions, including safety precautions, under which the work must be accomplished under the contract. The Contractor shall not be relieved from assuming all responsibility for properly estimating the difficulties and the cost of performing the services required in this contract because the Contractor failed to in-vestigate the conditions or to become acquainted with all information concerning the services to be performed.

17. DATA DELIVERABLES / REPORTS

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

(5) calendar days thereafter.

(b) Unless otherwise specified in the delivery order, documentation, test results, and reports shall be delivered in electronic format. All documentation, test results, and reports developed or provided by the contractor shall become the property of the U.S. Government. Documents shall not contain any markings or legends which will restrict the Department’s or Government of Colombia’s use of such documentation 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.

18. CONTRACTOR RESPONSIBILITY (INSPECTIONS AND TESTS)

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

The Contractor shall, at a minimum, perform the following tests for fuel at the moment of delivery:

1. Test for water content by the method hydro kit or method of revealing ointment;

2. Visual test (depending on fuel type);

3. Particle suspension test;

4. Any other tests required per local standards; and

5. Any test specifically called for in the Delivery Order.

Results of the inspections and tests shall be provided electronically via email to the appointed COR. The con-tractor shall provide a certification of conformance with each fuel delivery. The certificate shall read as follows:

I certify that on ______ [insert date], the ____ [insert Contractor’s name] furnished the supplies or services called for by Delivery Order No.__ [insert order number]___ in ac-cordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the delivery order require-ments.

I certify that all tests and inspections required per Delivery Order No.__ [insert order number]___ have been performed and are within stated requirements. A copy of all in-spection and tests results are attached.

Date of Execution: _____________________________ Signature: _____________________________________ Title: _________________________________________

19. INSPECTION AND ACCEPTANCE

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

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

DOSAR 652.242-70).

The Government reserves the right to inspect and test all supplies and services called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before accept-ance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Con-tractor unless specifically set forth elsewhere in this contract.

If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Con-tractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be li-able for any reduction in the value of inspection or test samples.

The Government reserves the right to inspect and test the Contractor’s services, facilities, and equipment at all reasonable times. The Contractor shall furnish Government representatives with the free access and reasonable facilities and assistance required to accomplish their inspections and tests.

Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other fail-ures to meet contract requirements discovered before acceptance.

20. PLACE OF DELIVERY / PERFORMANCE

The place of delivery and performance will be specified in each delivery order. Delivery orders issued under this IDIQ contract may require delivery and performance throughout Colombia.

21. DELIVERY OF FUEL AND OTHER HAZARDOUS MATERIALS

All deliveries shall be coordinated in advance with the appointed Contracting Officer Representative (COR).

Unless otherwise stipulated in the delivery order, the Contractor shall be solely responsible to provide adequate supervision, labor, materials, supplies, and equipment necessary to perform all the services contemplated under this contract in an orderly, timely, and efficient manner. The Contractor shall be solely responsible to perform all storage, preparation, transportation, and handling operations in such a way to ensure the safety of everyone involved.

The contractor shall be solely responsible to meet all required local laws, codes, ordinances, regulations, li-censes and permits relating to the sale, transport, and handling of the products and services to be provided under this contract.

22. METER CALIBRATION

Meters used to determine quantity shall comply with the API MPMS, Chapters 4, 5, and 6, or equivalent foreign standard. For items not covered by API, ASTM, or IP publications, the applicable manufacturer's recommended calibration method(s), outlined in the applicable industry publication, shall be used if acceptable to the Govern-ment.

23. ACCESS TO GOVERNMENT OF COLOMBIA (GOC) INSTALLATIONS AND WORK AREAS

Access to GOC installations and work areas may be restricted. The Contractor shall coordinate all access re-quests with the COR at least five (5) working days prior to delivery. The GOC reserves the right to deny entry to any individual due to security concerns. Failure of the GOC to grant entry authorizations for Contractor per-sonnel shall not form the basis for a request for equitable adjustment or any other form of contractual relief un-der this contract.

24. NONPAYMENT FOR UNAUTHORIZED WORK

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

25. 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.

(13) Certification of Conformance, to include copies of required inspections and tests.

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

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

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

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

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

(6) Contract Line Item Number (CLIN)

(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA)

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

Additional correspondence should be addressed to:

Name:

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

Mailing Address:

Post Office Box 150008 Charleston, SC 29415-5008

Telephone Numbers:

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

To request Payment Status on a Past Due Invoice contact:

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

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

26. CONTRACT ADMINISTRATION DATA

All written communications regarding the administration of this contract shall make reference to the contract number.

Contracting Officer: Juan M. Fernnadez

Telephone Number: Information to be provided upon award.

Email: Information to be provided upon award.

Address: Information to be provided upon award.

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

27. ORDERING PROCEDURES

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

A/LM/AQM Contracting Officers

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

1) Date of order;

2) Contract number and order number;

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

4) Delivery or performance date;

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

6) Accounting and appropriation data; and

7) Any other pertinent information.

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

"ORDERING."

28. FAIR OPPORTUNITY PROCESS FOR DELIVERY ORDERS

(a) The Contracting Officer will give every awardee a fair opportunity to be considered for each delivery order whose estimated value is expected to exceed the micro-purchase threshold unless one of the exceptions in FAR 16.505(b)(2) applies.

(b) Delivery Orders Not Expected to Exceed the Simplified Acquisition Threshold (SAT)

For each delivery order whose estimated value is between the micro-purchase threshold and the SAT, as defined in FAR 2.101, the Contracting Officer need not contact each of the multiple awardees under the contract before issuing an order. The Government may review pricing, past performance, and technical information available to ensure that each awardee is provided a fair opportunity to be considered for award.

While not required, the Contracting Officer reserves the right to issue a Request for Delivery Order Proposal to each awardee. The Government reserves the right to solicit delivery order proposals orally.

(c) Delivery Orders Expected to Exceed the SAT

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

Company Name: Information to be added at the time of award.

Address:

POC Name and Title:

Phone:

Facsimile:

E-mail(s):

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

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

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

2. Proposal due date and time;

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

4. Basis upon which the award selection will be made.

(d) Post-Award Notices and Debriefings for Award of Delivery Orders. Post-award notices and debriefings will only be conducted if required per FAR 16.505(b)(6).

29. DELIVERY ORDER OMBUDSMAN

(a) In accordance with FAR Part 16.505(b)(8), the following individual has been appointed as the Delivery Or-der Ombudsman.

Name: AQM Competition Advocate Phone: 703-875-5429 Fax: 703-875-6155 Email: AQMCompetitionAdvocate@state.gov

(b) The Delivery Order Ombudsman will review complaints from Contractors and ensure they are afforded a fair opportunity to be considered for delivery orders consistent with the fair opportunity procedures delineated in this contract.

30. GOVERNMENT-FURNISHED PROPERTY AND DATA

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

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

31. 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.

32. SAFEGUARDING INFORMATION

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

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

33. 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.

34. 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.

35. EXPORT RESTRICTIONS

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

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

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

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

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

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

36. ADDITIONAL TERMS AT THE DELIVERY ORDER LEVEL

The Government reserves the right to include additional terms and conditions (including FAR and DOSAR clauses and provisions) at the delivery order level. These additional terms and conditions will address require-ments unique to each delivery order. Instances in which additional terms and conditions may be incorporated in-clude, but are not limited to:

• Provision of government-furnished property

• Shipment of supplies on other than an F.O.B. destination basis

• Issuance of delivery order on other than a FFP basis

• Additional security / site access requirements

Section 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)

52.212-4 Alt I Contract Terms and Conditions--Commercial Items (Jan 2017) - Alternate I (Jan 2017)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000)

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)

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

52.232-18 Availability Of Funds (Apr 1984)

52.232-37 Multiple Payment Arrangements (May 1999)

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

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

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

52.243-3 Changes - Time-and-Material or Labor-Hours (Sept 2000)

52.247-27 Contract Not Affected by Oral Agreement (Apr 1984)

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

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)

52.212-5 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].

(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).

(…