PR12669256 - 16. INL-RFQ.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

August 12, 2024.

COMBINED SYNOPSIS/SOLICITATION

RFQ Number PR12669256

The Bureau of International Narcotics and Law Enforcement (INL) at the U.S. Embassy in Bogota invites you to submit a quotation for CEIA Handheld Detector spare parts.

Place of performance: Bogota, Colombia.

Contract managed: Local Contracting

Required delivery date: One hundred twenty (120) days after receipt of order (ARO).

Quote must be submitted via email no later than August 26, 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

August 20, 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 Andres Alejo at AlejoA@state.gov; should you have any questions relating to SAM registration.

Sincerely

Cheryl Blumberg

Contracting Officer, INL Bogota http://www.sam.gov/ mailto:AlejoA@state.gov

RFQ Number: PR12669256

SBU - CONTRACTING AND ACQUISITIONS

PR12669256

TABLE OF CONTENTS

Section 1 - The Schedule

• Continuation To SF-1449, RFQ Number PR12669256

Section 2 - Contract Clauses

Section 3 - Solicitation Provisions

Section 4 – Evaluation Factors (Reserved)

Section 5 – Representations and Certifications

Attachments List

(a) Price Schedule (Attachment A).

(b) Statement of Work (Attachment B)

Page U.S. DEPARTMENT of STATE co.usembassy.gov

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SECTION 1 – THE SCHEDULE

Continuation to SF-1449, RFQ Number PR12669256, Schedule, Block 11

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 AlejoA@state.gov:

a. Price Schedule. (Attachment A).

Fundamental aspects are requested in the excel version Price Schedule (Attachment A) and in the Statement of Work (Attachment B); must be provided by the vendor in the quote.

Please request the excel version of the Price Schedule (Attachment A) to:

AlejoA@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.

mailto:romeromp@state.gov co.usembassy.gov

b. Technical Information.

Line

Description PN Qty

Unit of

Measure

CMD-CIED Carrying Bag with 58134 Leg

Strap 71547 45 EA - each

Telescopic Pole Securing Bolt Replacement

Kit 43666 50 EA - each

3 Telescopic Pole CMD 46622 40 EA - each

4 Reference Sample for CMD 43860 75 EA - each

5 Non-Metallic Test Piece for CMD-v2.0 55131 75 EA - each

6 Wire Test Sample 71644 75 EA - each

Main control board with O-ring gasket Same software as SN# 31141440001 75901 8 EA - each

8 Berry Compliant Battery Cap Attachment Kit 45567 40 EA - each

Search head cable w/strain relief and rubber protection tubes 75898 50 EA - each

10 Handle 46621 10 EA - each

Search head w/connections cover,connections cover gasket & cable strain relief

75903 16 EA - each

12 Screws for the arm support 46632 100 EA - each

13 Telescopic Pole Camlocks 46619 150 EA - each

14 Arm Support (with strap and screws) 75892 150 EA - each

15 5-key keypad 75906 50 EA - each

16 Rechargeable Batteries "C" NIMH for CMD 43664 1000 EA - each

17 Search Head Bushing 45571 100 EA - each

18 Compact Kit for Maintenance GSMD-TK-C 6 EA - each

19 Power Supply, CMD

GSMD-

ACPSA1

30 EA - each

20 Vibration Adapter for CMD GSMD-VBR 10 EA - each

21 CMD Rigid Transport Case USA CMD/RTCU 10 EA - each

MD-SCOPE Software for Ground Search

Metal Detector

MD-SCOPE2-

2 EA - each

23 Arm Support w/strap and screws 45554 75 EA - each co.usembassy.gov

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Line

Description PN Qty

Unit of

Measure

Berry Compliant Battery Compartment Cap

Complete w/strap 45568 20 EA - each

25 Main Control Board V2.06 55100 3 EA - each

Search head cable with strain relief and rubber protection tubes

46620 40 EA - each

27 Handle 46621 5 EA - each

28 Telescopic Pole CMD 46622 20 EA - each

29 Spare Search Head for CMD-V2.0 55101 3 EA - each

30 CMD Channel Color Label 61597 4 EA - each

31 Control unit main case IR display cover 64035 10 EA - each

32 IR display cover complete with screws 62762 25 EA - each

33 Search Head Bushing 45571 50 EA - each

34 Powerex MH-C808M 8 CELL Battery Charger MISC1 4 EA - each

The vendor must guarantee that all products are developed and produced in the United States, products from China will not be accepted.

The offeror is responsible for obtaining all parts requested directly from a US manufacturer, with no aftermarket parts.

The offeror shall provide a minimum full one-year manufacturer warranty.

All parts, accessories, service and repairs – if applicable for the items under ITEMS/TECHNICAL SPECIFICATION shall be available within two months of order in Colombia and available within reasonable period (1 year minimum).

Spanish or English language maintenance, operation and handling manuals shall be delivered for each part and each of its components as provided by the manufacturer.

All orders are ultimately intended for an overseas destination. If the shipment contains wood packaging material, the packing and palletizing must conform to the International Standard for Phytosanitary Measures Publication No. 15: “Guidelines for Regulating Wood Packaging Material in International Trade” (ISPM 15) and have the appropriate markings indicating that the packing materials meet this co.usembassy.gov

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standard. Any deliveries arriving at our indicated domestic delivery address that do not meet these standards will be rejected and shall be corrected at the contractor’s expense.

This is lowest price technically acceptable; the seller certifies that it is an authorized distributer of similar product (s) being sold to the Department of State and United States Military, and that it has the certification/specialized level required by the manufacturer to support both the product sale and product pricing in accordance with applicable manufacturer certification/specialization requirements.

Unless otherwise specified, the Seller warrants that the products are 100% new, all accepted manufacture original parts and in their original box (es).

In addition to providing pricing for this solicitation, each Offeror must provide any required, NON- PRICING responses (e.g. technical proposal, representations, and certifications, etc.) in a timely manner, received no later than the closing date and time for this solicitation.

All Quotes must be valid for 90 days from the closing date for this solicitation. No exceptions or qualifications. New equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. All components/parts of the requested equipment must be manufacturer-approved and may not be compatible, remanufactured, or refurbished component/part. All items must be covered by manufacturer’s warranty and procured through a manufacturer approved distribution channel. Sellers must be able to document their ability to provide items through manufacturer approved distribution channels upon request.

The Seller confirms to have sourced all products submitted in this Quote from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements. If software is provided or included, Seller shall, upon request, provide Buyer with a copy of the End User License Agreement. Seller certifies that all software is licensed originally to Buyer as the original licensee authorized to use the software.

No partial shipments are permitted, unless otherwise specified by Contracting Officer at time of contract award.

Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from offerors that will supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it co.usembassy.gov

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is wholly a product of that country or if it has been, substantially transformed, in that country into a new and different article of commerce with a name, character, or use distinct from that of the original article(s). Note that any item that is a discreet article as it is sold in commerce, regardless of its ultimate function or use, cannot be considered, substantially transformed, and based solely on its integration into IT or other systems.

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. See example below:

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.

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If applicable, the U.S. Government will assist the Contractor in obtaining customs clearance and tax exemption certificates from the Government of Colombia in accordance with the packing, marking, and submission of documents as instructed herein.

4.0 REQUIRED PRODUCTS / SERVICES

CEIA Handheld Detector spare parts.

5.0 DELIVERY AND MARKING INSTRUCTIONS

Upon award/notice to proceed the vendor shall have no more than 120 days to deliver the full order.

The items/ services being acquired will be donated to the Government of Colombia.

• US VENDORS:

o Goldbelt Security, LLC. 10800 NW 21st Street, Suite 100. Miami, FL 33172.

▪ Goods shipped in Goldbelt must be consolidated and delivered in a single package, All Partial deliveries must be previously authorized in writing by the procurement and contracts area.

• VENDEDORES LOCALES:

o BODEGA INL. Avenida calle 22 68b-75. Barrio Montevideo. Bogota, Colombia.

The Contractor shall properly pack and consolidate the entire shipment to prevent damage, loss and/or misdirection. Upon notification, the contractor shall replace any items lost or damaged during shipment. Partial shipments are not allowed unless approved in writing by the Contracting Officer.

The items acquired through this contract will be donated to the government of Colombia, Colombian National police. In addition to ensuring that all items are prepared for safe shipment, the contractor shall include all the necessary export approvals, required material data safety sheets, licenses, and paperwork. One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the “lead” or number one box/carton/package, or individually attached co.usembassy.gov

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to the outside of each box/carton/package. The packing list shall include, at a minimum: description, brand name, serial number (if any), and quantities.

All items shall be clearly marked as follows:

EMBAJADA DE ESTADOS UNIDOS DE AMERICA - INL

Bogota, Colombia Order No. (PR12669256) Item #__of __(if applicable) ATTN: INL/Colombia

(Improperly marked shipments may be rejected by the Government)

6.0 PERIOD OF PERFORMANCE (POP)

The Period of Performance for this contract is 120 days. Vendor must fulfill the contract and deliver 100% of the required materials within (120) days After Receipt of the Purchase Order (ARO).

7.0 INVOICING INSTRUCTIONS

Invoices can only be submitted through the Vendor Portal:

• https://mygrants.servicenowservices.com/mygrants

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

• “Payment Instructions for Submitting Invoices” instructive (video tutorials link included) will be provided along with the Purchase Order.

• Vendors may check Payment Status through the Vendor Portal.

• For Vendor Portal issues, (e.g. account activation, portal questions) please email to

BogotaVendorPortal@state.gov.

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.

https://mygrants.servicenowservices.com/mygrants https://mygrants.servicenowservices.com/mygrants https://mygrants.servicenowservices.com/mygrants mailto:BogotaVendorPortal@state.gov

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).

The vendor is responsible for the delivery of all items listed above under Number 2 (Prices) and Technical Specifications of Items.

mailto:BogotaPS@state.gov co.usembassy.gov

SBU - CONTRACTING AND ACQUISITIONS

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

The items being acquired will be donated to the government of the ultimate destination, Colombia. The contractor shall ensure that all items are prepared for safe shipment and include all necessary export approvals, required material data safety sheet, licenses, and paperwork.

The designated COR will also inspect items received to verify compliance with this SOW. Designated COR will formally accept the equipment once verification is completed, and a determination is made that the system is fully operational at the site of destination of the equipment: The Colombian National Police Complex.

The packing list of all equipment shall include at a minimum: description, brand name, serial number (if any), and quantities.

The INL logistics team shall assign and inventory sticker to these serialized non-expendable items, with an assigned INL serial number that facilitates End Use Monitoring

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.

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(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.

The Contractor shall comply with Sections 38-40 of the Arms Export Control Act (AECA) (22 U.S.C. 2778- 2780) and the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130) as required, for the prosecution of work under this contract at no additional cost to the Government. Failure to be in compliance with AECA and ITAR by date planned for commencement of contract performance as well as during the entire performance of work under this contract may result in contract termination. Any penalties rendered to the Contractor, as a direct result of being found non-compliance with AECA and ITAR will be the responsibility of the Contractor. For additional information on AECA and ITAR, see http://www.pmddtc.state.gov/.

A clear English language description of Technical Specifications AND pictures are required with the submission of quote.

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 co.usembassy.gov

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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.

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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.

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

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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.

Warranty shall be effective in Colombia. Re-exporting procedures during the warranty period, if requested, shall be covered by the contractor during the term of the same. Warranty, maintenance and support must be provided in country (Colombia).

The vendor must provide quality warranty for at least one (1) year for the above items (referring to tangible elements), or as stated in the technical specifications of each item. If INL receives a warranty claim for any product(s), it will be sent to the vendor’s location to perform an evaluation, with no charge to INL, to verify the status of the claim and the product. If the warranty department of the vendor determines that the product has a defect covered under the warranty, vendor must replace. INL is not responsible for any transportation charges. Replacement products must be in new condition.

The vendor must guarantee, through a certification, that the manufacturer’s representative is able to provide support within Colombia, at least in the main cities. During the warranty period, the contractor must respond to any technical requests over the phone or e-mail in a maximum of two hours. During the warranty period, the contractor must repair the equipment and leave it in perfect operating condition in a maximum response time of 48 hours, at the site of the request.

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To facilitate expeditious return of warranty items and to avoid delays in the warranty process, the offeror shall provide within 30 days of notification of a warranty action the required information to facilitate shipping of warranty items to manufacturer. This includes, but is not limited to, information to ensure full compliance with ITAR regulations and no delay in providing the Reference RA# and a shipping address.

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 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.

https://www.acquisition.gov/far/part-9#FAR_Subpart_9_5 https://www.acquisition.gov/far/part-9#FAR_Subpart_9_5

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

52.204-18 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

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

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:

https://www.acquisition.gov/far/part-52#FAR_52_252_2 https://acquisition.govr/ https://www.acquisition.gov/far/part-52#FAR_52_203_7 https://www.acquisition.gov/far/part-52#FAR_52_204_18 https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-52#FAR_52_204_13 https://www.acquisition.gov/far/part-52#FAR_52_225_14 https://www.acquisition.gov/far/part-52#FAR_52_227_19 https://www.acquisition.gov/far/part-52#FAR_52_229_6 https://www.acquisition.gov/far/part-52#FAR_52_232_24 https://www.acquisition.gov/dosar/part-652%E2%80%94solicitation-provisions-and-contract-clauses#Section_652_229_70_T48_40436432915 https://www.acquisition.gov/dosar/part-652%E2%80%94solicitation-provisions-and-contract-clauses#Section_652_229_71_T48_40436432916 https://www.acquisition.gov/dosar/part-652%E2%80%94solicitation-provisions-and-contract-clauses#Section_652_242_73_T48_40436432931 https://www.acquisition.gov/dosar/part-652%E2%80%94solicitation-provisions-and-contract-clauses#Section_652_243_70_T48_40436432932 https://www.acquisition.gov/dosar/part-652%E2%80%94solicitation-provisions-and-contract-clauses#Section_652_247_70_T48_40436432935 https://www.acquisition.gov/dosar/part-652%E2%80%94solicitation-provisions-and-contract-clauses#Section_652_247_71_T48_40436432936 https://www.acquisition.gov/far/part-52#FAR_52_212_5 co.usembassy.gov

SBU - CONTRACTING AND ACQUISITIONS

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)).

(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).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 co.usembassy.gov

SBU - CONTRACTING AND ACQUISITIONS

__ (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).

__ (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.

https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/part-3#FAR_3_900 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30 co.usembassy.gov

SBU - CONTRACTING AND ACQUISITIONS

_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.

__ (19)

(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.

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SBU - CONTRACTING AND ACQUISITIONS

__ (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).

__ (26)

(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)).

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SBU - CONTRACTING AND ACQUISITIONS

__ (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).

__ (34)

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

_X_ (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.

__ (36)

(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).

https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 co.usembassy.gov

SBU - CONTRACTING AND ACQUISITIONS

__ (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.).

__ (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.

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