72051423R00004 (02).pdf

(x)

72051423R00004 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

N/A

Not Applicable

34004

720514

DPO, AA 34004

Unit 3030, Box 5101 Office of Acquisition & Assistance USAID/Colombia

04/12/20230002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.

Items 8 and 15, and returning

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

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended,

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

03/23/2023

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

ORDER NO. IN ITEM 10A.

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

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

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

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

William Sedlak

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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

This modification serves to extend the closing date from April 21, 2023 to May 5, 2023.

U.S. Agency for International Development Cra 45 # 24B – 27, Gate 2 Bogotá Tel: (571) 315 4125 COLOMBIA www.usaid.gov

Issuance Date: March 23, 2023 Deadline for Questions: March 31, 2023 at 12:00 pm Colombia Time Closing Date and Time for proposals: May 5, 2023 at 5:00 pm Colombia Time

Subject: Request for Proposals (RFP) No. 72051423R00004 – Providencia Island Solar

Power Plant Project

Dear Offerors:

The United States Government, represented by the United States Agency for International Development (USAID)/Colombia, is seeking proposals to purchase the equipment as outlined in Section C. This contract requires the contractor to complete fixed-price deliverables.

USAID anticipates awarding a single Firm Fixed Priced (FFP) Contract for Commercial Items. This procurement will be conducted in accordance with the procedures in the Federal Acquisition Regulation (FAR) Part 12 - Acquisition of Commercial Products and Commercial Services.

Please refer to Section L for information regarding proposal requirements. Offerors should consider the expected delivery time required by the proposal transmission method they choose, and they are responsible for ensuring proposals are received by USAID by the due date and time as specified in Section L. Failure to comply with the submission date and time will deem any submission unacceptable and it will not be reviewed or evaluated. Faxed proposals will not be accepted, nor will they be reviewed or evaluated.

Section L of the RFP sets forth all instructions for the preparation and submission of required proposal contents, including critical dates/times for the submission of questions, and the proposal submission closing date and time. Section M states the criteria by which proposals will be evaluated. The competition will utilize the lowest price technically acceptable (LPTA) process on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. The estimated range for this procurement is $1.5-2.5 million dollars.

Send proposals to Heather Wirick, Contracting Officer, at hwirick@usaid.gov and copy Rachel Muth, Acquisition & Assistance Specialist, at rmuth@usaid.gov by the date and time above.

Offerors may submit questions in writing via email to the individuals stated above by the deadline above.

The issuance of this solicitation does not commit the U.S. Government to make an award. It does not commit the U.S. Government to pay for the costs incurred in the submission of a quotation.

Providencia Island Solar Power Plant Project RFP Sol. 72051423R00004

The Government may reject a proposal if it is in the interest of the Government. Offerors must not incur any expense or begin work as described in the contract until notified to do so, in writing, by the Contracting Officer (CO).

Sincerely, William Sedlak Contracting Officer USAID/Colombia

PAGE INTENTIONALLY LEFT FOR FORM SF1449

Table of Contents

C – STATEMENT OF WORK 5

D - BRANDING AND MARKING 11

E - INSPECTION AND ACCEPTANCE 12

F - DELIVERIES OR PERFORMANCE 14

G - CONTRACT ADMINISTRATION DATA 18

H - SPECIAL CONTRACT REQUIREMENTS 20

PART II - CONTRACT CLAUSES 25

I – CONTRACT CLAUSES 25

J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 47

L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS 76

M - EVALUATION CRITERIA 81

SECTION C – STATEMENT OF WORK

C.1. PURPOSE

The Providencia Island Solar Power Plant Project will serve to manufacture or procure the battery-based electrical energy storage system that will provide the primary source of energy for Providencia Island, Colombia. This system will be connected to a sub-station adjacent to a solar power station to allow optimization in the integration of several interconnected generation sources, support for the interoperability of energy sources, load oscillation reduction, primary frequency regulation, and resilience for emergency conditions. This procurement will include the following components: cells; modules; battery racks with their respective protection elements;

inverters; battery management system; control, monitoring, protection, and communication systems; auxiliary services for batteries; and Supervisory control and data acquisition (SCADA)1 system for the integration of the battery energy storage system (BESS) to the island’s hybrid system.

The Contractor will participate in the development of a project on the island of Providencia, belonging to the Archipelago of San Andrés, Providencia and Santa Catalina, an overseas department of Colombia, located in the Caribbean Sea. This project consists of the construction of a 1.8 MWp solar power plant, a battery energy storage system (BESS) and a power management system (PMS) to incorporate and manage the island's existing electrical system, which has two 1400 kilowatts (kW) and one 750 kW generator set. The Photovoltaic solar system (SSFV in Spanish) and the Providencia Island Solar Power Plant Project will be located on the same premises, which will be located in the south of the island as shown in Figure 1.

1 Supervisory control and data acquisition (SCADA) is a control system architecture comprising computers, networked data communications and graphical user interfaces for high-level supervision of machines and processes. It also covers sensors and other devices, such as programmable logic controllers, which interface with process plant or machinery.

Figure 1: Location of the site for the SSFV and Providencia Island Solar Power Plant Project

Source: SOPESA

The Providencia Island Solar Power Plant Project will have a delivery capacity to Providencia's electric system of 2.5 megawatt hour (MWh) and a minimum delivery duration of one (1) hour, connected to a substation adjacent to the battery system, which will allow the optimization in the integration of the various generation sources (diesel plants, solar plants, solar roofs, battery system). The Providencia Island Solar Power Plant Project will support the interoperability of energy sources, reduction of load oscillation, primary frequency regulation, and resilience for emergency conditions. The system will supply the island's peak demand up to 1.8 megawatt (MW) for one hour, black start, and continuous voltage regulation according to the operating range for 13.2 kilovolt (kV) grids.

C.2. BACKGROUND

On November 16, 2020, a major climate disaster affected Providencia Island, an island belonging to the Archipelago of San Andrés, an overseas department of Colombia, located in the Caribbean Sea. A category 5 Hurricane Iota struck, with winds of up to 257 km/hr, affecting 98% of the island’s infrastructure and causing severe damage to energy and road infrastructure, property, and motor vehicles. The island and its residents were left without electricity. On November 18, 2020, the Colombian President Ivan Duque declared a departmental disaster.

On December 20, 2020, former Colombian President Duque announced a working group in the Ministry of Mines and Energy (MME) to plan, design, and implement a solar energy power plant on Providencia Island that would lead the transition to a renewable energy future. The use of solar power would fuel the island’s tourism-based economy, increase energy system resilience, reduce dependence on fossil fuels, and reduce greenhouse gas emissions. USAID recognized the opportunity to support GOC in responding to this climate-induced disaster and put into action US Administration climate change and renewable energy policies. USAID signed a memorandum of understanding (MOU) with the MME in December 2021 (Attachment J.2) to jointly design a new 1.8MW solar power generation plant and donate part of the equipment needed to build it.

In development of the Energy Master Plan for Providencia, the Colombian government is developing the integration of renewable energies to the island, seeking the gradual substitution of fossil fuels and forming a mini-grid, which includes the following components: i) an existing diesel generation park with a capacity of 3.55 MW; ii) a 1.8 MW solar generation park, currently under execution by Ecopetrol named Solar Ecopark; iii) a storage system with energy storage capacity of 2.5 MWh, donated by USAID; and v) a control system for the integration of the above elements that will be developed by Ecopetrol and the EMM (Illustration 1).

Illustration I, Components of the Hybrid System for Providencia

Source: Ecopetrol

The Providencia Island Solar Power Plant Project will have a delivery capacity of 2.5 MW to the Providencia electrical system, a storage capacity of 2.5 MWh, and will be connected to a substation adjacent to the Solar Ecopark to allow optimization in the integration of several generation sources, support for the interoperability of energy sources, load oscillation reduction, primary frequency regulation and resilience for emergency conditions.

The new solar power plant, battery energy storage, and control systems will be built and commissioned by Ecopetrol. It will be owned and controlled by the MME and operated and maintained under the MME contract with the Island’s distribution utility, Energy Production Society for San Andres and Providencia (SOPESA). Specific roles and responsibilities of the participants on the project can be reviewed in Attachment J.3.

USAID’s involvement in the project will include (a) technical assistance in the design of the solar power plant; (b) the direct procurement of specific BESS equipment and related technologies;

and (c) the transportation and storage costs of the equipment until the MME takes possession.

This cooperation will demonstrate the joint commitment of the U.S. and Colombian governments to address the aftermath of the hurricane with a rapid response based on clean energy, the transition to renewable energy, the mitigation of CO2 emissions and the reduction of vulnerability to future climate impacts.

C.3. ENVIRONMENTAL CONDITIONS

Altitude: approximately 70-80 meters above sea level.

Temperature: The average temperature is 27°C year-round. At noon the average maximum temperature ranges from 31 to 33ºC. In the early morning the minimum temperature is between 24 and 25ºC.

Wind conditions: The Providencia Island Solar Power Plant Project housing and structure provided by the supplier should be designed to withstand winds up to 260 Km/hour, which was the wind speed of Hurricane Iota that destroyed the island’s infrastructure.

Humidity: The average relative humidity is 81%.

Rainfall: There is an annual rainfall of 1960mm per year in a unimodal annual cycle, with a wet period between May and November.

Airborne salinity: Modeling and mapping for the western Caribbean, where Providencia Island is located, indicates that airborne salinity is rated as high2.

2 Source: Journal of Photonics for Energy: Mapping atmospheric corrosion in coastal regions: methods and results.

Karolina SlamovaRüdiger GlaserChristian SchillStefan WiesmeierMichael Köhl. Published online June 29, 2012.

Source: Journal of Photonics for Energy: Mapping atmospheric corrosion in coastal regions: methods and results. Karolina SlamovaRüdiger

GlaserChristian SchillStefan WiesmeierMichael Köhl. Published online June 29, 2012.

C.3. SPECIFICATIONS

See Attachment J.4 for the full technical specifications.

WARRANTY

The Contractor must provide a warranty consistent with market industry standards for a period no less than five (5) years from the date on which the goods, or any part of them, have been delivered and accepted at the delivery site indicated in Section E of this RFP.

The Contractor must confirm that all goods supplied under the contract are new, unused, of the latest or current model, and incorporate all recent improvements in design and materials.

The Contractor must guarantee that all the supplied goods will be free from defects derived from acts and omissions that the supplier may have incurred, or derived from the design, materials or manufacturing, handling of cargo and transportation, and during the normal use of the goods under the conditions prevailing in the country and locale of final destination.

The MME of the Government of Colombia will be the final owner and beneficiary of the goods, and this must be stipulated in the documentation on warranties and guarantees provided by the supplier. USAID or the MME will notify the Contractor of the nature of any defects and will provide all available evidence, immediately after discovering them. It will grant the Contractor reasonable opportunities to inspect such defects.

As soon as the Contractor receives said notification, and within the established period of thirty

(30) days, the Contractor must repair or replace the defective goods, or their parts as required, at no cost to USAID or the MME.

If the Contractor, after being notified, fails to correct the defects within the established period, USAID or the MME may proceed to take the necessary measures to remedy the situation, at the risk and expense of the supplier, without prejudice to the application of the compliance guarantee and other rights that USAID or Ecopetrol may exercise against the Contractor under the contract.

C.4. TRANSPORTATION REQUIREMENTS OF PROCURED ITEMS

The contractor is responsible for shipping the batteries as described in this section to the final delivery destination. The contractor must provide transportation insurance to insure the items during their transit. The contractor must abide by all statutory, regulatory, and policy requirements for choosing a shipper and must seek prior authorization from the CO for the proposed shipper.

C.5. TRAINING REQUIREMENT

The Contractor must send one qualified representative who will provide training to the team who will operate the solar plant. This individual must speak Spanish fluently and be able to conduct a live training and respond to questions and concerns from the staff in Providencia. This training will take place on the Island of Providencia following the installation of the Providencia Island Solar Power Plant Project and will be no longer than one week in duration.

[END OF SECTION C]

D - BRANDING AND MARKING

D.1. AIDAR 752.7009 MARKING (JAN 1993)

a. It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem.

Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

b. Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this Contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

c. Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

d. A copy of any specific marking instructions or waivers from marking requirements is to be sent to the CO; the original should be retained by the Contractor.

D.2. BRANDING

The Contractor must comply with the requirements of the USAID “Graphic Standards Manual” in accordance with Automated Directives System (ADS) 320, available at www.usaid.gov/branding, or any successor branding policy.

[END OF SECTION D]

http://www.usaid.gov/branding http://www.usaid.gov/branding

E - INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: http://acquisition.gov/far/index.html AIDAR: http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf.e.

NUMBER TITLE DATE

52.246-4 Inspection of Services-Fixed Price (Aug 1996)

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports, and other required deliverables or outputs must take place at:

The Port of Cartagena, Colombia. Specific address will be provided upon award of contract.

Or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The CO’s Representative (COR) will be delegated authority to inspect and accept all services, reports, and required deliverables or outputs.

The Contractor will carry out all tests and/or inspections of the goods, at no additional cost to USAID or the contract.

The inspections will be carried out at USAID’s facilities or the facilities of USAID’s representatives together with the Contractor and USAID. The inspectors representing USAID will be provided with all reasonable access to the plans and design data, at no additional charge.

USAID must have the right to witness the inspections and/or tests. USAID must witness, either virtually or in-person at the discretion of USAID, the factory acceptance tests (FAT) of the battery energy storage system, for which it will require the following information from the Contractor:

the specific place where the tests will be carried out, the start date, the duration and the test protocols. This information must be provided at least 15 days in advance of the start of these tests.

The Contractor must present USAID a report on the results of said tests and/or inspections.

Consistent with FAR 52.212-4(a), USAID may reject the goods or their components that do not pass the tests or inspections or that do not conform to the specifications as included under http://acquisition.gov/far/index.html http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf.e https://www.acquisition.gov/far/52.246-4

Section C of this RFP. Any goods or components that do not conform must be repaired or replaced at no additional cost to the government. The tests or inspections must then be repeated for any replaced or repaired goods, at no additional cost to the government.

Neither the performance of tests or inspections of the goods or any part of them, nor the presence of the buyer or its representative, nor the issuance of reports, will relieve the Contractor of the warranties or any other obligations under the contract.

[END OF SECTION E]

F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The estimated period of performance for this contract is six (6) months.

F.2 COR APPROVALS

All documents submitted to USAID/Colombia for approval will be considered draft until final acceptance is provided by the COR. The contractor must submit draft documents in an editable format (eg. Microsoft Word, Excel, Powerpoint, or similar). Written reports in Microsoft Word must be single-spaced, using Calibri 12-point font, with the word “DRAFT” stated as a watermark.

USAID/Colombia will provide comments within seven (7) work days after receiving the draft. The final version must be submitted in Word to the COR not later than five (5) work days after receiving comments.

F.3 PLACE OF PERFORMANCE

The place of performance under this contract is Colombia. The authorized Geographic code for the procurement of commodities and services is 937. Final delivery of equipment will take place in Cartagena, Colombia. Training of relevant individuals on the use of the equipment will take place in Providencia, Colombia.

F.4 KEY PERSONNEL AND PERSONAL QUALIFICATIONS

No key personnel have been designated under this contract. The trainer is responsible for developing and conducting the training in Providencia in Spanish. They must have relevant qualifications and experience, as determined by the Contractor and approved by the COR. All manuals, training materials, and relevant documents related to the training and operation of the equipment must be in Spanish.

F.5 REPORTS AND DELIVERABLES

In addition to the deliverables described in Section C, Statement of Work, and in accordance with AIDAR clause 752.242-70, “Periodic Progress Reports”, the Contractor must submit the following deliverables or outputs as further described by the COR. All reports must be in the English language, unless otherwise described by the COR (English versions will govern).

Each of the plans, reports, or deliverables will be submitted electronically. Electronic versions of the reports will be submitted using unlocked Microsoft Word, Excel, or Portable Document Format, or PowerPoint software. Work Plans and Reports will align with the U.S. fiscal year. Hard copies may be requested on a case-by-case basis as deemed appropriate by the COR. All Activity outputs and deliverables must be cleared by the COR.

The table below provides a schedule of required reports or plans to be submitted as deliverables.

All deliverables must be submitted in English unless otherwise indicated in the deliverables chart below.

Deliverable

Title Deliverable Description Due Date

F.5.1 BESS System Design

Provide the BESS manufacturer’s final report on the design of the BESS design being provided.

90 days before shipping of the BESS system, to allow Ecopetrol to position structural elements in the construction process.

F 5.2 BESS System Operation Report

Provide the BESS manufacturer’s operation report in factory testing, showing how it functioned in final testing and how it is supposed to operate in practice, with reference to key operating parameters.

90 days before shipping of the BESS system, to allow Ecopetrol to position structural elements in the construction process.

F.5.3 Specifications and Technical Data Sheets of the BESS system

Provide a complete set of specifications and technical data on all elements of the manufacturer’s BESS system as provided to the RFP.

90 days before shipping of the BESS system, to allow Ecopetrol to position structural elements in the construction process.

F.5.4 Diagrams and Plans of how the BESS system and equipment should be located, positioned, prepared and connected to the Providencia Island Solar Power Plant Project

Detailed drawings/plans that show how BESS system anchoring and support structures should be located, designed and prepared to accommodate and protect the BESS equipment in relation to the solar power plant.

Detailed drawings of pipelines electrical conduits which are necessary to manage system cooling and condensation processes.

Control and communications diagram.

Detailed plans that demonstrate how BESS Equipment should be located

90 days before shipping of the BESS system, to allow Ecopetrol to position structural elements in the construction process.

https://docs.google.com/document/d/1qAH3Hmur0WpWQwVrF_mnPAOB1poNRsRtGN4wyz7_OH8/edit with respect to the solar generation plant.

F.5.5 Assembly Manual

Document with the proper assembly procedure(s) for the BESS equipment and related systems

90 days before shipping of the BESS system, to allow Ecopetrol to position structural elements in the construction process.

F.5.6 Commissioning Procedures

Detailed instructions on how the BESS system should be prepared, tested and verified for commissioning.

Guidelines and instructions on proper commissioning procedures.

90 days before shipping of the BESS system, to allow Ecopetrol to position structural elements in the construction process.

F.5.7 BESS operations manual

Manual that provides detailed instructions on how the BESS system should be operated and managed in order to optimize performance and operating lifetime, including any operating risks and how to manage/mitigate them.

To be shipped with the BESS system. Please provide in English and in Spanish.

F.5.8 Cleaning and Maintenance Manual(s)

Instructions on proper cleaning and maintenance of the BESS system, including a maintenance schedule that details the maintenance activities that should be carried out periodically, including any periodic testing. This should include procedures for identifying individual battery cell degradation and replacement.

To be shipped with the BESS system. Please provide in English and in Spanish.

F.5.9 Packing List Detailed list of all the equipment, related items, deliverables and documentation being packed in the containers for shipping.

Send to USAID copy of the packing list 15 days before shipping to review and ensure that all equipment required by the RFP is being packed for shipment.

Send the packing list with the final shipment.

F.5.10 Commercial Invoice, Bill of Lading, transportation insurance documentation

Provide all customary documentation for shipping, importation of goods through customs, and receipt of goods in port. Provide all transportation insurance to cover damage that may occur in transport.

Send to USAID copy of the documentation 15 days before shipping to review.

F.6 CONSENT TO SUBCONTRACT

No subcontracts are anticipated under this contract. The only third parties anticipated are the insurance company and the shipping company. It is the Contractor’s responsibility to follow their internal procurement procedures and select the appropriate company for both insurance and shipping that meet the requirements as outlined in this RFP.

[END OF SECTION F]

G - CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER – CONTRACTING OFFICER’S REPRESENTATIVE

CO: US Mailing Address:

Office of Acquisition and Assistance USAID/Colombia Unit 3030, Box 5101

DPO, AA 34004

CO: Colombia Mailing Address:

Office of Acquisition and Assistance USAID/Colombia Cra. 45 No. 24B-27 Bogota, Colombia

COR: Contracting Officer’s Representative – [TBD at award] Environment Office USAID/Colombia Unit 3030, Box 5101

DPO, AA 34004

The CO for this contract is Heather Wirick, hwirick@usaid.gov. The COR for this contract is [TBD at award].

The COR Designation Letter outlines the specifications designated to the COR and to the COR; a copy of the letter will be provided to the Contractor.

G.2. CONTRACTOR’S PRIMARY POINT OF CONTACT AND PAYMENT ADDRESS

The Contractor’s primary point of contact is [TBD at award] and can be reached at [TBD at award].

Address: [TBD at award]

G.3. ORDERING PROCEDURES

The CO is the only person authorized to make or approve any changes in the requirements of this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the CO. In the event the Contractor makes any changes at the direction of any person other than the CO, the change must be considered to have been made without authority and no adjustment must be made in the contract terms and conditions, including price.

mailto:hwirick@usaid.gov

G.4. TECHNICAL DIRECTION

The COR will provide technical direction to the Contractor on delivery of the requirements/deliverables of this contract, as defined in Section C and further specified in Section F.5 above. The COR will provide the Contractor with information on the numbers, scope, timing, and/or location for delivery of requirements at least 10 workdays prior to the due date, unless otherwise agreed-to by USAID and the Contractor. The COR will provide guidance in writing, via email. The COR must provide technical direction/oversight to the Contractor in accordance with the terms of his/her designation letter.

G.5. ACCEPTANCE AND APPROVAL

The COR must accept and approve deliverables before payment may be made.

G.6. PAYMENT OFFICE

The paying office for this contract is: USAID/Colombia

Financial Management Office USAID/Colombia Cra. 45 # 24B-27, Gate 2 Bogota, Colombia 111321

G.7. INVOICES

Submission of invoices must be done electronically with a copy to the COR.

Electronic copies of the invoice must be sent to bogotausaidofmpayments@usaid.gov with a copy to the COR’s email address.

1. Send via email, one invoice, all other required supporting documents, and SF- 1034 Public Voucher for Purchases and Services Other Than Personal.

2. The SF-1034 must be signed,

3. The invoice should provide the bank account details which should include the bank account number, the bank name and address, the SWIFT Code and the ABA number.

G.8. ACCOUNTING AND APPROPRIATION DATA

[TBD at award]

[END OF SECTION G]

mailto:bogotausaidfmpayments@usaid.gov

H - SPECIAL CONTRACT REQUIREMENTS

H.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

752.252-1 AIDAR Solicitation Provisions Incorporated By Reference (MAR 2015)

This solicitation incorporates one or more provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of all AIDAR solicitation provisions is contained in the Code of Federal Regulations (CFR) located at 48 CFR chapter 7.

The full text of a clause may be accessed electronically at these addresses:

AIDAR: http://www.usaid.gov/policy/ads/300/aidar.pdf FAR: http://www.acquisition.gov

AIDAR (48 CFR Chapter 7)

H.2. 752.211-70 LANGUAGE AND MEASUREMENT (JUN 1992)

(a) The English language shall be used in all written communications between the parties under this contract with respect to services to be rendered and with respect to all documents prepared by the contractor except as otherwise provided in the contract or as authorized by the Contracting Officer.

(b) Wherever measurements are required or authorized, they shall be made, computed, and recorded in metric system units of measurement, unless otherwise authorized by USAID in writing when it has found that such usage is impractical or is likely to cause U.S.

firms to experience significant inefficiencies or the loss of markets. Where the metric system is not the predominant standard for a particular application, measurements may be expressed in both the metric and the traditional equivalent units, provided the metric units are listed first.

(End of clause)

H.3. REPORTING OF FOREIGN TAXES (July 2007)

(a) Reports. The Contractor must annually submit an annual report by April 16 of the next year.

(b) Contents of Report. The reports must contain:

1. Contractor name.

2. Contact name with phone, fax and email.

3. Agreement number(s).

4. Amount of foreign taxes assessed by a foreign Government [list each foreign government separately] on commodity purchase transactions valued at $500 or more financed with U.S. foreign assistance funds under this agreement during the prior U.S. fiscal year.

5. Only foreign taxes assessed by the foreign government in the country receiving U.S. assistance is to be reported. Foreign taxes by a third party foreign government are not to be reported. For example, if an assistance program for Lesotho involves the purchase of commodities in South Africa using foreign assistance funds, any taxes imposed by South Africa would not be reported in the report for Lesotho (or South Africa).

6. Any reimbursements received by the Contractor during the period in (iv) regardless of when the foreign tax was assessed plus, for the interim report, any reimbursements on the taxes reported in (iv) received by the Contractor through October 31 and for the final report, any reimbursements on the taxes reported in (iv) received through March 31.

7. The final report is an updated cumulative report of the interim report.

8. Reports are required even if the Contractor/recipient did not pay any taxes during the report period.

9. Cumulative reports may be provided if the Contractor/recipient is implementing more than one program in a foreign country.

(c) Definitions. For purposes of this clause:

1. "Agreement" includes USAID direct and country Contracts, grants, cooperative agreements and interagency agreements.

2. "Commodity" means any material, article, supply, goods, or equipment.

3. "Foreign government" includes any foreign governmental entity

4. "Foreign taxes" means value-added taxes and custom duties assessed by a foreign government on a commodity. It does not include foreign sales taxes.

(d) Where. Submit the reports to:

(e) Subagreements. The Contractor must include this reporting requirement in all applicable subcontracts, subgrants and other subagreements.

(f) For further information see http://www.state.gov/m/rm/c10443.htm.

H.4. EXECUTIVE ORDER ON TERRORISM FINANCING

The Contractor is reminded that U.S. Executive Orders (including E.O. 13224) and U.S. law http://www.state.gov/m/rm/c10443.htm http://www.state.gov/m/rm/c10443.htm prohibit transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. FAR 25.701 prohibits agencies and their contractors and subcontractors from acquiring any supplies or services from individuals or organizations, if any proclamation, Executive Order, Office of Foreign Assets Control (OFAC) regulations, or statute administered by OFAC would prohibit such a transaction. Accordingly, the Contracting Officer must check the U.S. Department of the Treasury’s OFAC List to ensure that the names of the Contractor and proposed subcontractors (and individuals from those organizations who have been made known to them), are not on the list. Mandatory FAR clause 52.225-13 Restrictions on Certain Foreign Purchases is included by reference in Section I.1 of this contract. By accepting this contract, the Contractor acknowledges and agrees that it is aware of the list as part of its compliance with the requirements of that clause. This clause must be included in all subcontracts/sub-awards issued under this contract. Further information is available at:

http://www.state.gov/j/ct/rls/other/des/122570.htm and https://www.treasury.gov/resource center/sanctions/Programs/Documents/terror.pdf

H.5. ELECTRONIC PAYMENTS SYSTEM

a. Definitions:

1. “Cash Payment System” means a payment system that generates any transfer of funds through a transaction originated by cash, check, or similar paper instrument. This includes electronic payments to a financial institution or clearing house that subsequently issues cash, check, or similar paper instrument to the designated payee.

2. “Electronic Payment System” means a payment system that generates any transfer of funds, other than a transaction originated by cash, check, or similar paper instrument, which is initiated through an electronic terminal, telephone, mobile phone, computer, or magnetic tape, for the purpose of ordering, instructing or authorizing a financial institution to debit or credit an account. The term includes debit cards, wire transfers, transfers made at automatic teller machines, and point-of-sale terminals.

b. The contractor agrees to use an electronic payment system for any payments under this award to beneficiaries, subcontractors, or grants under contracts, where applicable.

c. Exceptions. The contractor is allowed the following exceptions, provided the contractor documents its contract file with the appropriate justification:

1. Cash payments made while establishing electronic payment systems, provided that this exception is not used for more than six months from the effective date of this award.

2. Cash payments made to payees where the contractor does not expect to make payments to the same payee on a regular, recurring basis, and payment through an electronic payment system is not reasonably available.

3. Cash payments to vendors below the micro purchase level as defined by FAR 2.101, or for Grants under Contracts for less than $3,000, when payment through an electronic payment system is not reasonably available.

4. The contractor has received a specific written exception from the CO that a specific payment or all cash payments are authorized, based on the contractor’s written justification, which provides a basis and cost analysis for the requested exception.

d. More information about how to establish, implement, and manage electronic payment methods is available to contractors at https://solutionscenter.nethope.org/resources/c2e-toolkit”

(End of provision)

H.6. PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

USAID reserves the right to terminate this Contract, to demand a refund or take other appropriate measures if the Contractor or subcontractors are found to have been convicted of a narcotics offense or to have been engaged in drug trafficking as defined in 22 CFR Part 140.

H.7. 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (OCT 1989) [DEVIATION (JUN 2022)]

(a) The Contractor acknowledges that this contract is an important part of the United States Foreign Assistance Program and agrees that its operations and those of its employees in the Cooperating Country will be carried out in such a manner as to be fully commensurate with the responsibility which this entails. This responsibility includes the Contractor ensuring that employees act in a manner consistent with the standards for United Nations (UN) employees in Section 3 of the UN Secretary- General’s Bulletin - Special Measures for Protection from Sexual Exploitation and Sexual Abuse (ST/SGB/2003/13).

(b) The Mission Director is the chief representative of USAID in the Cooperating Country. In this capacity, the Mission Director is responsible for both the total USAID program in the cooperating country including certain administrative responsibilities set forth in this contract, and for advising USAID regarding the performance of the work under the contract and its effect on the United States Foreign Assistance Program. Although the Contractor will be responsible for all professional, technical, and administrative details of the work called for by the contract, it must be under the guidance of the Mission Director in matters relating to foreign policy. The Chief of Party must keep the Mission Director currently informed of the progress of the work under the contract.

(c) If the Contractor determines that the conduct of any employee is not in accordance with the preceding paragraphs, the Contractor's Chief of Party must consult with the USAID Contracting Officer and the Mission Director and the employee involved and must recommend to the Contractor a course of action with regard to such employee.

(d) The parties recognize the rights of the U.S. Ambassador to direct the removal from a country of any U.S. citizen or the discharge from this contract of any individual (U.S., third-country, or cooperating-country national) when, at the discretion of the Ambassador, the interests of the United States so require. Under these circumstances termination of an employee and replacement by an acceptable substitute must be at no cost to USAID.

(e) If it is determined, under paragraphs (c) and (d) above, that the services of such employee must be terminated, the Contractor must use its best efforts to cause the return of such employee to the United States or third country point of origin as appropriate. [The following paragraph (f) is applicable if the contract is with an educational institution:]

H.8. INFORMED COMPLIANCE WITH PROHIBITION ON THE USE OF FORCED

LABOR IN THE PERFORMANCE OF USAID ACQUISITION AWARDS

The Contractor is hereby reminded of its obligations under the Combating Trafficking in Persons provision under FAR 52.22-50, including, with respect to awards performed outside the United States where the estimated value of services exceeds $550,000 the requirement to: 1) submit an annual certification regarding trafficking in persons and 2) implement a compliance plan.

(See FAR 52.222-50(h)). Please be reminded that if the Contractor is required to submit this compliance plan, the contractor must annually certify that after conducting due diligence, no violations have occurred, or if they have occurred, the contractor has taken appropriate remedial action. (See FAR 52.222-50(h)(5)). Failure to take appropriate remedial action could result in suspension, debarment, or other appropriate remedies (See FAR 52.222-50(e)).

H.9. PROHIBITION ON TECHNOLOGY DEVELOPED BY THE PEOPLE’S REPUBLIC OF CHINA

The Contractor is hereby reminded that Section 7043(c)(3) of the 2021 Appropriations Act prohibits the use of foreign assistance funding for any project or activity that directly supports or promotes the use of technology developed by the People’s Republic of China. It is the Contractor’s responsibility to ensure that all goods supplied under the contract will be free from any such technology.

[END OF SECTION H]

PART II - CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: http://acquisition.gov/far/index.html AIDAR: http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf.e.

FEDERAL ACQUISITION REGULATION (FAR)

52.202-1 Definitions 52.204-4 Printed or Copied Double-Sided on

Postconsumer Fiber Content Paper (May 2011) 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-7 Information Regarding Responsibility Matters (Oct 2018)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

USAID ACQUISITION REGULATION (AIDAR)

752.202-1 Definitions (JAN 1990) 752.211-70 Language and Measurement (JUN 1992) 752.222-70 USAID Disability Policy (DEC 2004) 752.222-71 Nondiscrimination (JUN 2012) 752.225-70 Source And Nationality Requirements (FEB 2012) 752.228-7 Insurance-Liability to Third Persons (JUL 1997) http://acquisition.gov/far/index.html http://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf.e https://www.acquisition.gov/far/52.202-1 https://www.acquisition.gov/far/52.204-4 https://www.acquisition.gov/far/part-52#FAR_52_204_7 https://www.acquisition.gov/far/part-52#FAR_52_204_13 https://www.acquisition.gov/far/part-52#FAR_52_204_16 https://www.acquisition.gov/far/part-52#FAR_52_204_18 https://www.acquisition.gov/far/52.204-19 https://www.acquisition.gov/far/52.204-25 https://www.acquisition.gov/far/52.212-4 https://www.acquisition.gov/far/52.232-40

752.228-9 Cargo Insurance (DEC 1998) 752.228-70 Medical Evacuation (MEDEVAC) Services (JUL 2007) 752.229-71 Reporting of Foreign Taxes (JUL 2007) 752.242-70 Periodic Progress Reports (OCT 2007) 752.245-71 Title to and Care of Property (APR 1984)

752.7004 Emergency Locator Information (JUL 1997)

752.7005 Submission requirements for development experience

documents (SEP 2013)

752.7006 Notices (APR 1984)

725.7025 Approvals (APR 1984)

752.7027 Personnel (DEC 1990)

752.7032 International Travel Approval and Notification

Requirements (APR 2014)

752.7032 International Travel Approval and

Notification Requirements (APR 2014)

752.7033 Physical Fitness (JUL 1997)

752.7035 Public Notices (DEC 1991)

752.7036 USAID Implementing Partner Notices (IPN)

Portal for Acquisition (JUL 2014)

752.7038 Nondiscrimination against End-Users of Supplies or

Services (OCT 2016)

I.2. 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C.

3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit…