INL-RFQ _PR12618550_ Passengers Vans for Bogota.pdf

U.S. DEPARTMENT of STATE

Embajada de los Estados Unidos de América Carrera 45 # 24B- 27 - (+57601) 275.2000 - Bogotá D.C. – Colombia co.usembassy.gov

June 07, 2024.

COMBINED SYNOPSIS/SOLICITATION

RFQ Number PR12618550

The Bureau of International Narcotics and Law Enforcement (INL) at the U.S. Embassy in Bogota invites you to submit a quotation for purchase Passengers Vans for Bogota.

Place of performance: Bogota Colombia.

Contract managed: Local Contracting

Required delivery date: (30) days after receipt of order (ARO).

Note: We need to have the invoice, no later than August 1, 2024.

Quote must be submitted via email no later than June 21, 2024, at 16:00 hours (Bogota, Colombia) time. Refer to SF-1449 Continuation Pages, Section 3 (Solicitation Provisions), Subsection III (Addendum to FAR 52.212-1), Item 2.0 for complete submission instructions. This solicitation will be competed under full and open competition.

Questions pertaining to this solicitation, if any, must be received by the Government no later than

June 13, 2024, at 16:00 hours (Bogota, Colombia).

This is a combined synopsis/solicitation prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested by this notice alone, and a written solicitation will not be issued.

The resultant purchase order will be awarded using Simplified Acquisition Procedures in accordance with

FAR 13.

The U.S. Government intends to award a purchase order if the responsive quote is technically acceptable and reasonably priced. We intend to award a contract based on initial quote, without holding discussions, although we may hold discussions if it is in the best interest of the Government to do so.

Unless an exception in FAR 4.1102 applies, your company must be registered in the System for Award

Management (SAM) (www.SAM.gov) in order to be eligible for award. You may contact Felipe

Restrepo at restrepof@state.gov; should you have any questions relating to SAM registration.

Sincerely

Jackie Parker

GSO / INL Contracting Officer

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RFQ Number PR12618550

SBU - CONTRACTING AND ACQUISITIONS

PR12618550

TABLE OF CONTENTS

Section 1 - The Schedule

Section 2 - Contract Clauses

Section 3 - Solicitation Provisions

Section 4 – Evaluation Factors

Section 5 – Representations and Certifications

Attachments List

(a) Completed Price Schedule & Technical chart (Attachment A).

RFQ Number: PR12618550 co.usembassy.gov

SBU - CONTRACTING AND ACQUISITIONS

SECTION 1 – THE SCHEDULE

1.0 TYPE OF CONTRACT

This is a firm-fixed- price (FFP) purchase order payable entirely in Colombian pesos (COP) for Colombian firms and US dollars (USD) for US firms. The price includes all direct and indirect costs, overhead, general, and administrative expense, profit, shipping/delivery charges, insurance, assembly, etc. The price will not be subject to adjustment after award. No additional sums will be payable for any escalation in the cost of materials, equipment, or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of completing the contract. The Government will not adjust the contract price due to fluctuations in the cost of contract performance or due to fluctuations in exchange rates.

2.0 PRICES

Refer to Attachment A for a complete list of required products. Offerors must complete the pricing template with proposed unit prices, request the excel version to restrepof@state.gov

NOTE:

Please according to FAR clauses 52.204-24, 52.204-25 and 52.204-26 propose other manufacturers than Chinese or related.

The proposal shall indicate what is the manufacturer/model/reference offered for each item and show in a chart the proposed specifications versus the requested specifications.

TECHNICAL SPECIFICATIONS:

ITEM 001: HIGH-ROOF UTILITY CARGO/PASSENGERS VAN

Quantity: 2

ITEM 001 REQUIREMENT

Classification Utility Van / High-Roof / Passengers

Year 2024 or newer

Condition New co.usembassy.gov

SBU - CONTRACTING AND ACQUISITIONS

Fuel Petrol or DIESEL (If DIESEL, it must comply with the Euro VI technology as per Colombian law - Law 1972 of July 18, 2019)

Horsepower At least 120 HP

Torque At least 320 Nm

Transmission Manual or automatic, 5 speeds and reverse

Load capacity Minimum 900 Kg or up to 9 passengers

Wheelbase No more than 3,500 mm

Traction 4x4 or 4x2, full time or part time

Airbags Front, at least 2

Windows Electric

Air conditioning In the cabin and passenger area

Fuel Tank At least 60 lt.

Passenger area

- At least 8 passengers’ capacity

- Doors: 3 total: 1 rear tail gate and 2 side doors.

- The floor must be resistant to the passenger traffic, materials for construction, tools, and small machines.

- The passenger area box must not have water inlets and has to be waterproof.

- Waterproofing of the lower part.

- The vehicle must comply with all the Colombian mandatory regulations for these kind of trucks for passengers.

- The passenger area must have illumination in the interior and at least four (4) LEDs lights in each lateral of the external area.

- Fabric or leather seats, each with head support and 3-points seatbelt.

Accessories

Rear camera and proximity sensors, park view in the radio

Alarm system

Reinforced tinted windows 20% nano technology

Anti-theft wheel lug nuts and anti-theft ensuring system in the side mirrors and logos.

Road kit and tools as per transit authority regulations (Colombian Law 769 of 2002, article 30), including jumper cables with metal clamps gauge “0”

Exterior color paint White co.usembassy.gov

SBU - CONTRACTING AND ACQUISITIONS

ITEM 002: REGISTRATION AND INSURANCE PER VEHICLE

Required Documentation:

1. Registration and property card under the Colombian National Police Anti-Narcotics Directorate

(Dirección de Antinarcóticos de la Policía Nacional). Registration should be in Zipaquirá, Cundinamarca.

2. Mandatory traffic accidents insurance (Seguro Obligatorio de Accidentes de Tránsito – SOAT) for one year.

ITEM 003: PREVENTIVE MAINTENANCE PER VEHICLE

FOR 10,000 KM OR (1) ONE YEAR FROM DATE OF ACCEPTANCE

Preventive maintenance must be carried out at least for the first 10,000 Km or one year, without any additional cost, and such maintenance must meet the following requirements:

The contractor must attach to his proposal a detailed chart of preventive maintenance activities, certified by the person in charge of technical service at the vehicle assembler, manufacturer and/or representative of the make in the country, according to the mileage, and for at least 10,000 km, itemizing quantities for labor, parts, and consumables for each checkup.

Maintenance must include labor, OEM parts and consumables according to the official list of the manufacturer, importer or assembler: it must include OEM consumables (brake pads, linings, disks, air filter, fuel filter, oil filter, oil, grease, brake fluid, batteries, bulbs, fuses, etc.) and in general, any consumable or part that is necessary for complete maintenance of the vehicles covered by this contract during the first 10,000 km, including the labor required for those tasks and including all direct and indirect costs associated with the provision of such services.

Activities to be considered include wheel alignment, balancing, tire rotation, tune-up, cleaning injectors, scheduled change of parts and consumables and, in general, any regular activity recommended by the vehicle manufacturer for proper maintenance.

The proponent will be responsible for any damage to the vehicle or parts thereof arising from the failure to perform any of these activities or for changing the frequency with which they are performed.

co.usembassy.gov

SBU - CONTRACTING AND ACQUISITIONS

After listing these activities, the contractor shall not be able to modify, eliminate or change any items in the maintenance program recommended by the manufacturer, because such information is required to perform the maintenance.

Maintenance must be performed by the authorized repair shops located throughout the country.

Warranty. At a minimum, the standard manufacturer warranty in country. The warranty period starts upon acceptance of the vehicles by the USG.

Warranty shall cover any repairs needed to correct defects in materials or workmanship of all parts and components of each new vehicle supplied. Warranty includes, but is not limited to: powertrain, engine, transmission, transaxle, drive train, electrical system, chassis, and restraint systems. Sheet metal panel parts that develop perforation (rust through) due to corrosion under normal operating conditions are covered by this warranty irrespective of mileage.

The vendor must guarantee, through a certification and a complete list of facilities, that the manufacturer’s representative has authorized local service centers and is able to provide warranty repairs, maintenance, and support within Colombia, at least in the main cities.

All warranty replacements and repairs must be completed no later than 10 days after receipt of a warranty claim by the Contractor. This period includes the time required to ascertain the validity of the warranty claim and may only be extended if approved by the COR.

Contractor shall be solely responsible for shipping and any other additional charges required to repair or replace items covered under this warranty. All replacement parts and any spare parts or accessories provided under warranty shall be new OEM parts and accessories. Aftermarket or refurbished parts (new or used) are not acceptable.

During the warranty period, the contractor must respond within one (1) business day to any warranty requests received via phone or email.

Final inspection and acceptance of ALL items shall be performed by the U.S. government upon their arrival at GOC final delivery location. Pre-inspection before delivery to final destination could be done at dealer’s location by INL if necessary.

At the time of delivery, the vehicle must be in perfect working order, with complete accessories and protections, must be equipped with the devices mandated by the Colombian Ministry of Transportation as co.usembassy.gov

SBU - CONTRACTING AND ACQUISITIONS

of that date, and must meet the latest regulations issued by the authorities in charge of controlling and preserving the environment.

At the time of delivery, the written and/or digital consultation material, in Spanish, must be provided. It must include user/operation manual and preventive maintenance manual. For those vehicles that include preventive maintenance in the user manual, a single manual will be accepted for both (user – preventive).

All charges for delivery and transportation to the final destination is the responsibility of the contractor. Price must include delivery to the above-mentioned location. Damaged items during delivery shall be replaced by the contractor upon notification.

Partial deliveries may be considered and previously approved by the US Government.

Each vehicle must be delivered with at least the following:

1. Full tank of fuel.

2. At least 2 sets of keys.

3. Import manifest.

4. Three sets of “improntas”.

5. Gas emissions certificate

6. Copy of invoice with endorsement to DIRECCIÓN DE ANTINARCÓTICOS DE LA POLICÍA

NACIONAL.

7. Written and/or digital consultation material, in Spanish: it must include operation manual and preventive maintenance manual.

8. Documents stated in CLIN 002 (Registration and insurance) and CLIN 003 (preventive maintenance).

9. Dealer’s certification of warranty.

3.0 VALUE ADDED TAX.

Value Added Tax (VAT) or Impuesto a las Ventas (IVA) The Contractor will not be reimbursed VAT or IVA under this contract by the USG, as described in the tax relief procedures as follows:

TAX RELIEF PROCEDURES

(a) General. This clause supplements FAR 52.229-6, Taxes – Foreign Fixed-Price Contracts (Reference 29.402-1(a)). The prices set forth in this contract are exclusive of all taxes and duties from which the U.S. Government is exempt by virtue of agreement between the U.S. Government and the Government of Colombia.

(b)(1) Procedures. The Contractor shall follow the procedures in paragraph (c) of this clause regarding tax relief as provided in the agreement between the U. S. Government and Colombia. The diplomatic tax privilege belongs to the U.S. Government and applies to taxes and duties payable to Colombia that are directly attributable to contract costs identified in paragraph (c) as subject to exemption, e.g., taxes or duties levied by Colombia on labor and materials that are applied to or utilized in performance of this contract.

(2) The procedures in paragraph (c) are based on the current local tax relief agreement between the US Government and Colombia and are subject to change.

(c) The following procedures are included in, or are derived from, the agreement negotiated with Colombia and are hereby incorporated into this clause:

“Any quotation, invoice or bill to be submitted to the USG/INL Colombia for payment of cost incurred under this contract should reflect zero value concerning VAT or IVA (Impuesto a las Ventas). Upon contract award, the Office of INL Bogota will issue an exemption letter (Exencion de Impuesto) to the awardee to be presented to the Government of Colombia for any claim that may arise during the performance of this contract. The awardee, not the USG will coordinate directly with the Government of Colombia on any VAT or IVA matter under this contract”.

(d) Remedies. The Government may impose the following remedies in the event the Contractor fails to follow the procedures outlined in paragraph (c) of this clause. These actions are in addition to any other remedies available to the Government:

(1) The Contracting Officer may suspend contract payments in accordance with the procedures at FAR 32.503-6(a)(1).

(2) The Contracting Officer may terminate the contract for default in accordance with the procedures at FAR Subpart 49.4.

(3) The Contracting Officer may refer the case to the agency suspension and debarment official, in accordance with agency procedures, pursuant to FAR Subpart 9.4.

(e) Audit. The Contracting Officer shall have the right to examine and audit all records and other evidence regarding the Contractor’s compliance with the requirements of this clause.

4.0 REQUIRED PRODUCTS / SERVICES

Utility Van High-Roof Passengers.

SUBCONTRACTING " The project or purchase order award, will recognize the vendor who is an original manufacturer, representative or approved distributor and who guarantees after-sales service. If the vendor plans to subcontract any of the items or services included in the RFQ. Seller shall provide in its proposal, details of its subcontractors, including contacts and references/recommendations. If he is a representative, he must include a letter from the brand company he represents.

The Government will determine vendor responsibility by analyzing whether the apparent awardee meets the requirements of FAR 9.1. Prior to award, the U.S. Government reserves the right to visit the manufacturer's plant or subcontractor's plants to verify that the items or goods and services offered meet the technical requirements of the RFQ and determine appropriate contractor responsibility. “to verify that the items or goods and services offered complies with the technical requirements of the RFQ and determine adequate contractor’s responsibility”

SUBCONTRATACIÓN " La adjudicación del proyecto u orden de compra, reconocerá al vendedor que sea fabricante original, representante o distribuidor autorizado y que garantice el servicio postventa.

Si el vendedor tiene previsto subcontratar alguno de los artículos o servicios incluidos en el RFQ. El vendedor deberá proporcionar en su propuesta, detalles de sus subcontratistas, incluyendo contactos y referencias/recomendaciones. Si es un representante, deberá incluir una carta de la empresa de marca a la que representa.

El Gobierno determinará la responsabilidad del vendedor analizando si el vendedor aparentemente adjudicado, cumple los requisitos de FAR 9.1. Antes de la adjudicación, el Gobierno de EE.UU. se reserva el derecho de visitar la planta del fabricante o las plantas del subcontratista para verificar que los artículos o bienes y servicios ofertados cumplen los requisitos técnicos de la RFQ y determinar la responsabilidad adecuada del contratista."

co.usembassy.gov

SBU - CONTRACTING AND ACQUISITIONS

5.0 DELIVERY AND MARKING INSTRUCTIONS

Upon award/notice to proceed the vendor shall have 30 days to deliver the full order. Vendor must fulfill the contract and deliver 100% of the items requested within sixty days after the delivery of the purchase order. The items / services being acquired will be donated to the Government of Colombia.

The Contractor shall consolidate the entire shipment to prevent loss and misdirection. The contractor upon notification shall replace any lost or damaged items during shipment.

Delivery address:

DIRECCIÓN DE ANTINARCÓTICOS DE LA POLICÍA NACIONAL

Finca la Arcana Carrera 80 #152-35, Suba.

Bogotá D.C.

6.0 PERIOD OF PERFORMANCE (POP)

The Period of Performance for this contract is thirty (30) days. Vendor must fulfill the contract and deliver 100% of the items requested within sixty days after the delivery of the purchase order.

7.0 INVOICING INSTRUCTIONS

The Contractor must submit invoice(s) for payment once product(s) and/ or service(s) are received by Government. No advance payments are allowed.

The Government shall pay the contractor as full compensation for all work required, performed, and accepted under this order 30 days after receipt the invoice.

The Contractor must submit invoice(s) for payment via electronic invoice:

Electronic Invoice(s) via PDF File The contractor must send an electronic copy of the invoice(s) to the following e-mail address:

BogotaFactura@state.gov

The PDF File must be marked as follows: PR Number Company Name co.usembassy.gov

SBU - CONTRACTING AND ACQUISITIONS

For example: PR12618550 _ Your Company name_Invoice.pdf

The subject of the email must be the same as the electronic invoice file name:

Subject: PR12618550 _ Your Company name_Invoice Vendors may request a payment status update directly from the Financial Management Center by emailing BogotaPS@state.gov beginning 30 days after submitting an invoice for payment.

A proper invoice must include the following information:

1. Contractor's name and bank account information for payments by wire transfers.

2. Contractor's name, telephone, and mailing address.

3. Invoice date and number.

4. Procurement Request Number (PR).

5. Description, quantity, unit of measure, unit price, and extended price of property delivered, or services performed.

6. Name, title, phone number, and address of person to contact in case of defective invoice.

7. Identification as “Original Invoice.” Any copy of an Original Invoice should be marked “Copy of Original Invoice” with a sequential number (1st, 2nd, 3rd, etc.).

Note: If an invoice does not comply with the above requirements, the Embassy reserves the right to reject the invoice as improper and return it to the Contractor within seven (7) calendars days. The Contractor must then resubmit a proper invoice.

We encourage you to subscribe to the myILMS Vendor Portal by sending an email to BogotaVendorPortal@state.gov requesting instructions. If you are already registered, your invoice will only be received by this method. This does not apply to orders approved for credit card payment.

8.0 INSPECTION AND ACCEPTANCE OF SUPPLIES / SERVICES

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

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The final inspection and acceptance of all items shall be performed by the U.S. government upon their arrival at the delivery address. The payment to the contractor shall be made following satisfactory inspection and acceptance of products by the INL Office in Colombia

9.0 LAWS AND REGULATIONS

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, including 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 contract 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.

10.0 EXPORT RESTRICTIONS

(a) The Contractor shall comply with all U.S. export control laws and regulations, including but not limited to the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract.

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

(c) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this order, including instances where the work is to be performed in the US where the foreign person will have access to export-controlled technical data or software.

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

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

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

11.0 INL SOURCE-NATIONALITY RESTRICTIONS

(a) Except as may be specifically approved by the contracting officer, the contractor must procure all commodities (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, an 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.

12.0 NONPAYMENT FOR UNAUTHORIZED WORK

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

13.0 STANDARDS OF CONDUCT

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity always 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 direct 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.

14.0 CONFIDENTIALITY CLAUSE

The Contractor and its employees shall exercise the utmost discretion concerning 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 of services 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 photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the Colombian National Police. Furthermore, no article, book, pamphlet, email, 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.

Likewise, the CONTRACTOR must be committed under a confidentiality agreement signed with the Colombia National Police, that the information provided may not be partially or totally disclosed to third parties, nor used for purposes other than the development of the contract. Likewise, the CONTRACTOR shall ensure the care, confidentiality and correct use of the information delivered and generated during the execution of the contract, as well as of the elements that the Colombian National Police makes available for its execution.

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All information resulting from the production of a strategy and a communication plan shall not be disclosed or used by the contracted company. The Embassy of the United States has all rights of the research and final products.

15.0 CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONS

Any written commitment by the Contractor within the scope of this contract shall be binding upon the Contractor. To this clause, a written commitment by the Contractor is limited to the quotation submitted by the Contractor, and to specific written modifications to the quotation. Written commitments by the Contractor are further defined as including (1) any warranty or representation made by the Contractor in a quotation as to hardware or software performance; total systems performance; and other physical, design, or functional characteristics of equipment, software package or system, or installation date; (2) any warranty or representation made by the Contractor concerning the characteristics or items described in (1) above, made in any publications, drawings, or specifications accompanying or referred to in a quotation; and (3) any modification of or affirmation or representation as to the above which is made by the Contractor in or during the course of negotiations, whether or not incorporated into a formal revision to the quotation.

16.0 WARRANTY NOTIFICATION

In accordance with FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of a warranty, if any. Sufficient information shall be presented for supply personnel and users to identify warranted supplies.

17.0 FINAL DATA DELIVERABLES / REPORTS.

(Reserved)

18.0 ORGANIZATIONAL CONFLICT OF INTEREST - GENERAL

(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances 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 co.usembassy.gov

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disclosure shall include 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 Contracting 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.

19.0 COMPLIANCE WITH COVID-19 RESTRICTIONS

All persons involved in the training and delivery of these items/services in Colombia must adhere to all COVID-19 safety protocols in effect from the Government of Colombia at the time of delivery and / or training.

All security measures are the responsibility of the contractor. The COVID-19 pandemic continues to affect countries differently. Challenges to any travel at this time may include mandatory COVID-19 testing requirements, quarantines, travel restrictions, and closed borders. Colombia is gradually lifting stay at home orders in some areas and resuming some transportation and business operations. It is the responsibility of the contractor to verify restrictions within Colombia.

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SECTION 2 - CONTRACT CLAUSES

I. FAR 52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This purchase order incorporates the following 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 full text available. Also, the full text of a clause may be accessed electronically at this address:

FAR and DOSAR clauses may be accessed at: https://acquisition.gov

NUMBER TITLE DATE

52.203-7 Anti-Kickback Procedures Jun 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

Nov-2023

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

Jan-2017

52.204-18 Commercial and Government Entity Code Maintenance. Aug-2020

52.212-4 Contract Terms and Conditions—Commercial Items. Nov-2023

52.204-13 System for Award Management Maintenance Oct-2018

52.225-14 Inconsistency Between English Version and Translation of Contract.

Feb-2000

52.227-19 Commercial Computer Software License Dec-2007

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

52.232-24 Prohibition of Assignment of Claims May-2014

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

Mar-2023

652.229-70 Excise Tax Exemption Statement for Contractors Within the United States

Jul-1988

652.229-71 Personal property Disposition at Posts Abroad Aug-1999

652.242-73 Authorization and Performance Aug-1999

652.243-70 Notices Aug-1999

652.247-70 Notice of Shipments Feb-2015

652.247-71 Shipping Instructions Feb-2015 co.usembassy.gov

II. Applicable Clauses Provided in Full-Text

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (MAY.2024)

(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 acquisitions of commercial products and commercial services:

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 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)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509)).

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

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

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__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L.

115–390, title II).

__ (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC

2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204-30.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved]

__ (18)

(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

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(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21)

(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2023) of 52.219-9.

__ (22)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) ( 15 U.S.C. 657f).

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(i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

__ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (34)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (35)

(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

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(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

__ (39)

(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

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

__ (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41)

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

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

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.).

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__ (45) 52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47)

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

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48)

(i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (FEB 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV

2007) ( 42 U.S.C. 5150).

(55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) ( 15 U.S.C. 637(d)(13)).

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(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG

2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor…