PR7153307_RFQ_Fuel_Tumaco_Colombia.pdf

EMBASSY OF THE UNITED STATES OF AMERICA

U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs (INL)

Bogotá, Colombia

RFQ Number PR7153307 April 13, 2018

To all Prospective Offerors

Subject: Request for Quotations number PR7153307

Bureau of International Narcotics and Law Enforcement (INL) invites you to submit a quotation for fuel in Tumaco, Nariño.

Your quotation must be submitted via e-mail to BogotaINLSolicitation@state.gov marked in the subject as “Quotation Enclosed - PR7153307” by May 18, 2018 at 16:00 hours, local time.

No quotations will be accepted after this time.

In order for a quotation to be considered, you must complete and submit the following:

1. Standard Form SF-1449, Page1, Blocks 17a, 17b, 30a and 30b

2. Section 1 – Required Items/ Bid Chart (Attachment 1)

3. Section 1 - Proposed Delivery Date. Complete and submit FAR 52.211-8 (Time of

Delivery)

4. Section 3 - Solicitation Provisions, pages 33. Provide evidence of compliance with all information as required in this section.

5. Section 5 - Representations and Certifications, pages 39 to 58. Mark and sign as applicable

A pre-proposal conference to discuss the requirements of this request for quotation/proposal will be held on April 20, 2018 at 10:00 hours, local time, at Carrera 45, 24B-27

Please direct any questions regarding this solicitation by e-mail to BogotaINLSolicitation@state.gov before May 4, 2018 at 16:00 hours. Questions received after this date will not be considered.

The U.S. Government intends to award a purchase order to the responsible company submitting an acceptable quotation at the lowest price. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions if it is in the best interest of the Government to do so.

Sincerely, Olga L. Gomez Contracting Officer

Olga L Gomez 2018.04.12 12:16:42 -05'00'

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

PR7153307

PR7153307

Refer to Continuation Pages, Section 3 N/A

Tumaco Nariño, Colombia. Same as Block 9

U.S. Embassy Bogota - FMO Carrera 45 # 24B-27 Bogota, Colombia

Refer to Attachment 1_Price Schedule

04/13/2018

05/18/2018 16:00 Hours

U.S. Embassy Bogota - INL Carrera 45 # 24B-27 Bogota, Colombia

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

TABLE OF CONTENTS

Section 1 - The Schedule

Standard Form 1449 (SF-1449), “SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS”

Continuation To SF-1449, RFQ Number PR7153307

Section 2 - Contract Clauses

Section 3 - Solicitation Provisions

Section 4 - Evaluation Factors

Section 5 - Representations and Certifications

List of Solicitation Attachments

Attachment 1 Price Schedule Fuel

SECTION 1 – THE SCHEDULE

Continuation to SF-1449, RFQ Number PR7153307, Schedule, Block 20

1.0 TYPE OF CONTRACT

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

2.0 CURRENCY OF PAYMENT

Note: Local vendors will be paid in Colombian pesos (COP) and US firms will be paid in US dollars

(USD).

3.0 ORDERING PERIOD

The ordering period for this IDIQ contract is established as follows:

Base Ordering Period - Twenty twelve (12) months from the date of award

4.0 MINIMUM AND MAXIMUM CONTRACT AMOUNTS

(a) Per FAR 52.216-22 "INDEFINITE QUANTITY," the minimum for this indefinite quantity contract shall be any quantity or combination of supplies and services equal to $100.00 USD.

This guaranteed minimum covers the base year and all option years of the contract.

(b) The maximum for this indefinite quantity contract (including options) shall be any quantity or combination of supplies and services equal to $250,000.00 USD

5.0 SCOPE OF SERVICES

5.1 BACKGROUND

The U.S. Embassy Bogota - International Narcotics and Law Enforcement Section (INL) provides assistance to the Colombian Navy (COLNAV) to improve its operational capacity interdicting narcotics bound to the United States via maritime. The Maritime Interdiction Program has identified a need for fuel to support COLNAV operations.

5.2 OBJECTIVES

The Contractor shall supply and transport Regular Fuel and Marine Diesel to COLNAV boats and ships in

Tumaco, Narño.

5.3 TECHNICAL TERMS OF REFERENCE

5.3.1 FUEL SPECIFICATIONS

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

PRODUCT SPECIFICATIONS

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

Regular Gasoline Colombian Technical Rule for regular fuels NTC 1380.

5.3.2 ADMINISTRATION AND MANAGEMENT

The contractor shall provide a contact telephone number in Colombia that will be available 24 hours a day to delivery fuel, the contractor will inspect on site the quality of the product on every delivery and should provide within 36 hours of the delivery a fuel test report that includes:

Testing procedures.

Photos and other information gathered during the testing.

Quantity and type and description of the fuel delivered.

The contractor shall provide the same testing procedures for every delivery.

5.3.3 MAINTENANCE LOG

The contractor shall keep records and logs of the delivery of fuel, and organize cumulative records for each delivery by fuel type.

The contractor shall separately record each delivery request, as received. The form shall include the gas station receipt number, its location, date and time of the delivery, type of fuel, boat or vessel that received the fuel. The contractor shall deliver a record of the work performed within 5 days after work is completed.

5.3.4 PROJECT MANAGEMENT REQUIREMENTS

The contractor shall provide key personnel who are regularly and professionally engaged in the business of testing, delivery and transportation of fuel. There may be one key person or more key persons proposed for this solicitation depending upon how many of the key roles each has successfully provided. Contractor shall indicate that all key persons are currently employed by the contractor, or have a commitment to the contractor to work on this project. All key persons shall be employed by the contractor at the date of issuance of this solicitation, or if not, have a commitment to the to work on this project by the date that the bid was due to the Contracting Officer.

Note that only the key personnel approved by the Contracting Officer in the successful proposal shall do work on this solicitation. Key personnel shall function in the same roles in this contract, as they functioned in the offered successful experience. Any substitutions of the contractor’s key personnel require approval from The Contracting Officer.

Contractor shall provide a list of the teams that will perform the works including the required certifications, ARL, Social security and all other safety and legal requirements for performing such works under Colombian Law.

CONTRACTOR’S EXPERIENCE REQUIREMENTS

5.3.5 PERSONEL

The contractor shall provide the appropriate number of personnel to fully execute all task orders to be awarded under this contract. The contractor shall provide documentation to demonstrate the appropriate experience for each individual in the team. Team members must be available to carry out all the activities described in this contract.

5.3.6 SAFETY

The Contractor shall provide and maintain work environments and procedures which will safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to

Contractor operations and activities; avoid interruptions of Government operations and delays in project completion dates; and, control costs in the performance of this contract. For these purposes, the

Contractor shall:

1. Provide appropriate safety barricades, signs and signal lights;

2. Comply with the standards issued by any local government authority having jurisdiction over occupational health and safety issues; and,

3. Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for this purpose are taken.

4. Additional requirements regarding safety if the work involves the following items shall be as per required Colombian safety standards:

a. Work at heights

c. Trenching or other excavation

d. Earth moving equipment

e. Temporary wiring, use of portable electric tools, or other recognized electrical hazards. Temporary wiring and portable electric tools require the use of a ground fault circuit interrupter (GFCI) in the affected circuits; other electrical hazards may also require the use of a GFCI;

f. Work in confined spaces (limited exits, potential for oxygen less that 19.5 percent or combustible atmosphere, potential for solid or liquid engulfment, or other hazards considered to be immediately dangerous to life or health such as water tanks, transformer vaults, sewers, cisterns, etc.);

g. Hazardous materials – a material with a physical or health hazard including but not limited to, flammable, explosive, corrosive, toxic, reactive or unstable, or any operations which creates any kind of contamination inside an occupied building such as dust from demolition activities, paints, solvents, etc.; or hazardous noise levels.

5. The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage to or theft of property, materials, supplies, or equipment. The Contractor shall report this data in the manner prescribed by the Contracting Officer

5.4 RESPONSIBILITY OF CONTRACTOR

The Contractor is solely responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements. This clause takes precedence over any

Government inspection and testing required in the contract’s specifications, except for specialized inspections or tests specified to be performed solely by the Government.

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

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

2. Visual test (depending on fuel type);

3. Particle suspension test;

4. Any other tests required per local standards; and

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

Results of the inspections and tests shall be provided electronically via email to the appointed COR.

The contractor shall provide a certification of conformance with each fuel delivery. The certificate shall read as follows:

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

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

Date of Execution: _____________________________

Signature: _____________________________________

Title: _________________________________________

i. DAMAGE TO PERSONS OR PROPERTY

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

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

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

ii. RESPONSIBILITY FOR WORK PERFORMED

The Contractor shall be responsible for all materials delivered and work performed.

6. PRICES

Given the volatility of fuel prices in Colombia, the price for petroleum and petroleum-related products under this contract will be determined at the delivery order level. The Government expects to obtain competition at the delivery order level. However, in the event competition is not obtained, the

Contractor agrees that it will submit, if required by the Contracting Officer, data other than certified cost or pricing data to support further price analysis.

This data may include history of sales to non-governmental and governmental entities, cost data, or any other information the contracting officer requires to determine the price is fair and reasonable.

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

1. Prices based on the Contractor’s lowest rate available to the general public;

2. Prices based on rates otherwise tendered to the Government by the Contractor for the same type of supplies; or

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

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

The price shall include all direct and indirect costs, profit, shipping/delivery charges, export requirements, insurance, permits, customer support, invoicing requirements, etc. The prices will not be subject to adjustment after award. Without additional cost to INL, the Contractor shall obtain all permits, licenses, and appointments required for the work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable Colombian laws.

7. VALUE ADDED TAX

Colombian Value Added Tax (VAT) is not applicable to this contract and shall not be included in the

IDIQ prices or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

8. OTHER DIRECT COST (ODCs)

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

9. DEFENSE BASE ACT (DBA) INSURANCE

Unless the requirement for DBA insurance is waived by the Department of Labor, the offeror shall obtain DBA insurance directly from any of the Department of Labor approved providers listed at the

DOL website at: http://www.dol.gov/owcp/dlhwc/lscarrier.htm (URL subject to change).

The list of current DBA waivers is located at:

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm (URL subject to change).

10. LAWS AND REGULATIONS

(a) Compliance Required. The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, 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.

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

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

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

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

11. ACCIDENT PREVENTION

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

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

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

(b) Whenever the COR becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or

Government personnel, the COR shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the

Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the

Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

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

12. SPILL PREVENTION RESPONSE

No hazardous materials or substances, petroleum products, or materials of environmental concern shall be discharged or spilled onto the ground, asphalt, or concrete-covered surfaces or improperly disposed at job sites. The contractor shall clean and remediate, at no expense to the Government, any spills or releases.

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

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

Government of Colombia Representative.

13. REQUIRED INSURANCE

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance period general liability insurance. The Contractor shall also obtain any other types of insurance required by local law or that are ordinarily or customarily obtained for the location of the work.

The contractor shall acquire sufficient insurance to cover any accidents or incidents that may occur during the performance of this contract. The insurance policy shall cover damage to others, accidents, transportation incidents, theft, assault, law and order situations, and any other possible situation affecting the work to be performed. The Contracting Officer may impose additional or specific insurance coverages.

(b) The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims. The Contractor shall furnish to the Contracting Officer a current certificate of insurance as evidence of the insurance required.

(c) The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from and incident to the Contractor's performance of this contract. The

Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

(d) If the Contractor intends to use any subcontractors under this contract, the Contractor shall ensure that the subcontractors carry the types and amounts of insurance identified in this clause.

The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance and shall make copies available to the Contracting Officer upon request.

14. APPROVAL OF SUBCONTRACTORS

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

(b) Rejection of subcontractors. The Government reserves the right to reject any or all subcontractors proposed if their participation in the project, as determined by the Contracting

Officer, may cause damage to the interests of the United States or the Government of

Colombia. The Contractor agrees to promptly replace, at no additional cost to the Government, any subcontractor rejected by the government under this clause.

15. FAMILIARIZATION WITH CONDITIONS

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

16. DATA DELIVERABLES/ REPORTS

(a) The Government shall have up to ten (10) calendar days, unless a longer period is agreed to by the parties, to review each deliverable product and provide oral and written comments. The

Contractor shall review and incorporate comments or implement directed changes, after discussion or clarification with the designated contracting officer representative (COR), and, if necessary, submit a final version of the product no later than five (5) calendar days thereafter.

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

Colombia’s use of such documentation in any way.

(c) All deliverables, including attachments, shall comply with the data right clauses incorporated in the contract. The Government will reject all deliverables containing markings contradicting said clauses.

17. ORDERING PROCEDURES

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

Department of State Contracting Officers

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

1) Date of order;

2) Contract number and order number;

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

4) Delivery or performance date;

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

6) Packaging, packing, and shipping instructions, if any;

7) Accounting and appropriation data;

9) Language requirements; and

10) Any other pertinent information.

(b) Issuance of orders by e-mail, regular mail, and facsimile are authorized in accordance with

FAR 52.216-18 "ORDERING."

18. DELIVERY AND MARKING INSTRUCTIONS

Delivery and marking instructions will be specified in each task order awarded under this contract.

Line

Description QTY

Supply and transport of gallons of Regular Fuel, according to Colombian Technical

Rule for regular fuels NTC 1380, to COLNAV boats described in the Section 3-

Delivery.

Multiple deliveries, at a maximum of 18,250 gallons during four (4) months. Fuel shall be available 24/7 for COLNAV operational boats at a certified and registered refueling station. Delivery shall start five (5) business days after contract signature.

73,000 gallons

Supply and transport of gallons of Marine Diesel, according to Colombian

Resolution 80195, 1999 from Ministry of Energy and Mines, to COLNAV ships described in the Section 3-Delivery

Multiple deliveries, at a maximum of 5,000 gallons during four (4) months. Marine

Diesel shall be available 24/7 for COLNAV operational ships at a certified and registered refueling station. Delivery shall start five (5) business days after contract signature.

20,000 gallons

19. 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 invoice(s) to the following e-mail address:

BogotaFactura@state.gov

The PDF File must be marked as follows: PR Number Company Name

For example: PR6658599_ABCShipping.pdf mailto:BogotaFactura@state.gov

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

Number_Company Name

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. Prompt payment discount, if any

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

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

8. 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.

20. FAIR OPPORTUNITY FOR DELIVERY ORDERS

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

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

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

While not required, the Contracting Officer reserves the right to issue a Request for Delivery Order

Proposal to each awardee. The Government reserves the right to solicit delivery order proposals orally.

21. PLACE OF DELIVERY / PERFORMANCE

The place of delivery and performance will be specified in each task order awarded under this contract.

Currently, fuel is required in Tumaco, Nariño.

22. DELIVERY OF FUEL AND OTHER HAZARDOUS MATERIALS

All deliveries shall be coordinated in advance with the appointed Contracting Officer Representative

(COR).

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

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

23. METER CALIBRATIONS

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

24. INSPECTION AND ACCEPTANCE

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).

Unless otherwise specified in the delivery order, final inspection and acceptance of services to be provided under this contract shall be made by the Contracting Officer (or authorized representative in accordance with DOSAR 652.242-70).

The Government reserves the right to inspect and test all supplies and services called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract. If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of

Government inspections or tests made at other than the Contractor’s or subcontractor’s premises;

provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

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

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

The Contracting Officer Representative (COR) will be the Maritime Interdiction Program Advisor, as per designation document and is responsible for inspection and acceptance of services. Duties include review of Contractor invoices.

In the event of unexpected schedule changes due to operations, only the COR can approve the change of ship or vessel to receive the fuel.

The contractor will immediately notify INL’s COR and the Point of Contact, of any issues that may impact the terms or conditions of the contract. For delivery coordination the INL point of contact

The final inspection and acceptance of ALL items shall be performed by the U.S. government upon their arrival at TUMACO, Colombia. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of products by the Office of INL in Colombia. If item does not fulfill requested technical specifications, INL will return the items to vendor location. Vendor shall evaluate and replace returned items with no transportation cost to INL.

25. 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, and applicable INL waivers, may be obtained from the contracting officer.

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

(1) Agricultural commodities;

(2) Motor vehicles;

(3) Pharmaceuticals and contraceptive items;

(4) Pesticides;

(5) Fertilizer;

(6) Used equipment; or

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

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

26. 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.

(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.

27. 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.

28. STANDARDS OF CONDUCT

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity at all times and shall be responsible for their employee’s performance and the quality of the employees’ services. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the U. S.

Government. The U.S. Government reserves the right to 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.

29. SAFEGUARDING INFORMATION

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government.

Furthermore, no article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer.

These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

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

30. CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONS

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

Contractor. For the purpose of this clause, a written commitment by the Contractor is limited to the quotation submitted by the Contractor, and to specific written modifications to the quotation. Written commitments by the 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.

31. 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.

32. ADDITIONAL TERMS AT THE DELIVERY ORDER LEVEL

The Government reserves the right to include additional terms and conditions (including FAR and

DOSAR clauses and provisions) at the delivery order level. These additional terms and conditions will address requirements unique to each delivery order. Instances in which additional terms and conditions may be incorporated include, but are not limited to:

• Provision of government-furnished property

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

• Issuance of delivery order on other than a FFP basis

• Additional security / site access requirements

33. ORGANIZATIONAL CONFLICT OF INTEREST – GENERAL

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

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

52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-18 Commercial and Government Entity Code Maintenance. JUL 2016

52.212-4 Contract Terms and Conditions—Commercial Items. JAN 2017

52.225-14 Inconsistency Between English Version and Translation of Contract. FEB 2000

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

52.228-3 Worker’s Compensation Insurance (Defense Base Act)

Note: The Offerors shall include DBA insurance premium cost covering employees. The offeror may contain DBA insurance directly from any

Department of Labor approved providers at DOL website at:

http://www.dol.gov/owcp/dlhwc/lscarrier.htm

JUL 2014

52.232-24 Prohibition of Assignment of Claims MAY 2014

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

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 (Jan 2017)

(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 items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

https://acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1152565 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179465 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169615 http://www.dol.gov/owcp/dlhwc/lscarrier.htm https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1160491 http://farsite.hill.af.mil/reghtml/regs/other/dosar/652.htm#P1089_96383 http://farsite.hill.af.mil/reghtml/regs/other/dosar/652.htm#P1113_97842 http://farsite.hill.af.mil/reghtml/regs/other/dosar/652.htm#P1291_106450 http://farsite.hill.af.mil/reghtml/regs/other/dosar/652.htm#P1300_107064

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

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

_X_ (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).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016)

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

___ (5) [Reserved]

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

_X__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates…