RFQ 19MX5325Q0007 Gasoline Provision Services for GOVs.pdf

RFQ 19MX5325Q0007 Gasoline Provision Services for GOVs

SBU - CONTRACTING AND ACQUISITIONS

TABLE OF CONTENTS

SECTION 1 - THE SCHEDULE

• SF 1449 cover sheet

• Continuation To SF-1449, RFQ Number 19MX5325Q0007, Prices, Block 23

• Continuation To SF-1449, RFQ 19MX5325Q0007, Schedule of

Supplies/Services, Block 20 Description/Specifications/Work Statement

• Attachment 1 List of Government Owned Vehicles, Attachment 2 Payment

Registration Form – Pesos, Attachment 3 Guide for NCGE and SAM Registration.

SECTION 2 - CONTRACT CLAUSES

• Contract Clauses

• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in

Part 12

SECTION 3 - SOLICITATION PROVISIONS

• Solicitation Provisions

• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not

Prescribed in Part 12

SECTION 4 - EVALUATION FACTORS

• Evaluation Factors

• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

SECTION 5 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR

Provisions not Prescribed in Part 12

1 SCOPE OF SERVICES

CONTINUATION TO SF-1449

IDIQ NUMBER 19MX5325Q0007

PRICES, BLOCK 23

1.1 PROVISIONS

1.1.1 General

The Contractor shall provide Gasoline Provision Services in Mexico for Government Owned Vehicles registered by the U.S. Embassy in Mexico City with Premium Gasoline, Regular Gasoline and Diesel Fuel, as described in this solicitation. Withdrawal

The prices listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. In consideration of satisfactory performance of all the services required under this contract, the United States Government (USG) will pay the Contractor a firm fixed price for each liter of Premium Gasoline, Regular Gasoline and/or Diesel Fuel supplied. The Contractor shall be paid on a monthly basis upon receipt of a proper invoice for all approved Gasoline Provision Services performed during the month under this Contract.

1.1.1.1 Type of Contract

This is a single-award firm-fixed price with economic price adjustment indefinite delivery /indefinite quantity contract for standard services, under which firm fixed-price delivery orders may be placed.

1.1.1.2 Period of Performance

The performance period of this contract shall be from the date stated in the Award Letter and continuing for twelve (12) months. The Government may extend this contract for up to two (2) additional 12-month periods in accordance with the option clause in Section I, FAR 52.217-9, Option to Extend the Term of the

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF 2010

NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS SUBSEQUENT TO

THIS PROCUREMENT ARE SUBJECT TO AN EXCISE TAX OF 2% PERSUANT TO 26

U.S.C. 5000C.

Contract, which also specifies the total duration of this contract. See also Section I, FAR 52.217-8, Option to Extend Services, for up to an additional six months of optional performance, if required by the Individual task orders, shall be issued for stated services within the rates established.

1.1.1.3 Payment Currency

The U.S. Government will make payments in Mexican Pesos. All vendors shall submit prices and receive payments in such currency.

1.2 PRICING

The fixed prices stated below for the Base Year, and each Option Year will apply to individual task orders issued under the Contract. The fixed prices will include all direct and indirect costs, including but not limited to all labor, materials, equipment, overhead, general and administrative (G&A) expenses, profit, and any other expense related to the services required in this Solicitation. No separate or additional charges will be accepted.

1.2.1 Value Added Tax (I.V.A./V.A.T.)

1.2.1.1 V.A.T. on CLINs

Value Added Tax is not included in the Contract Line-Item Number (CLIN) rates. Instead, it will be priced as a separate line in the contract and on the Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is applied to each performance period.

1.2.1.2 V.A.T. Mexico City

Current V.A.T. for Mexico City is 16%.

1.2.1.3 Portions subject to V.A.T.

The portions of the solicitation subject to V.A.T. are all the services and items to be provided by the Contractor in sub-paragraphs 1.3 Performance Work Statement, 1.2.2 Base Year Prices, 1.2.3 First Option Year Prices, and 1.2.4 Second Option Year Prices under Section 1-Scope of Services, 1.2 Pricing.

1.2.2 Base Year Prices (Twelve [12] Months)

As per paragraph 1.1.3 and 1.1.4.

Base Year CLIN Description Estimated/Year Unit Unit Price Total Estimated

Cost 001 Fuel Supply for Premium

Fuel 603,000 Liter $ $

002 Fuel Supply for Regular Fuel 49,300 Liter $ $ 003 Fuel Supply for Diesel Fuel 147,700 Liter $ $ 004 Fuel Tag/Card 493 Each $ $ 005 Emergency Tag/Card 26 Each $ $ 006 Transaction Fee 800,000 Liter $ $

Subtotal $ I.V.A./V.A.T $

Base Year Total $

1.2.3 First Option Year Prices (Twelve [12] Months)

As per paragraph 1.1.3 and 1.1.4.

First Option Year CLIN Description Estimated/Year Unit Unit Price Total Estimated

Cost 101 Fuel Supply for Premium

Fuel 603,000 Liter $ $

102 Fuel Supply for Regular Fuel 49,300 Liter $ $ 103 Fuel Supply for Diesel Fuel 147,700 Liter $ $ 104 Fuel Tag/Card 493 Each $ $ 105 Emergency Tag/Card 26 Each $ $ 106 Transaction Fee 800,000 Liter $ $

Subtotal $ I.V.A./V.A.T. $

First Option Year Total $

1.2.4 Second Option Year Prices (Twelve [12] Months)

As per paragraph 1.1.3 and 1.1.4.

Second Option Year CLIN Description Estimated/Year Unit Unit Price Total Estimated Cost 201 Fuel Supply for Premium Fuel 603,000 Liter $ $ 202 Fuel Supply for Regular Fuel 49,300 Liter $ $ 203 Fuel Supply for Diesel Fuel 147,700 Liter $ $ 204 Fuel Tag/Card 493 Each $ $ 205 Emergency Tag/Card 26 Each $ $ 206 Transaction Fee 800,000 Liter $ $

Subtotal $ I.V.A./V.A.T. $

Second Option Year Total $

Option to Extend Services

As per FAR part 52.217-8 Six-Month Option Extended Services CLIN Description Estimated/Year Unit Unit Price Total Estimated

Cost 301 Fuel Supply for Premium Fuel 603,000 Liter $ $ 302 Fuel Supply for Regular Fuel 49,300 Liter $ $ 303 Fuel Supply for Diesel Fuel 147,700 Liter $ $ 304 Fuel Tag/Card 493 Each $ $ 305 Emergency Tag/Card 26 Each $ $ 306 Transaction Fee 800,000 Liter $ $

Subtotal $ I.V.A./V.A.T. $

Six-Month Option Extended Services Total $

1.2.5 Grand Total

For evaluation purposes only, the total cost of the Base Year, First Option Year and Second Option Year of the Contract is:

Base Year Total + V.A.T./I.V.A. $ First Option Year Total + V.A.T./I.V.A. $ Second Option Year Total + V.A.T./I.V.A. $ Grand Total + V.A.T/I.V.A. $

1.2.6 Minimum and Maximum Amounts

During the Base Year and both option years that might be exercised, the United States Government (USG) shall place orders totaling a minimum of 20 liters of fuel.

This reflects the contract minimum for each period of performance. The amount of all orders shall not exceed 350,000 liters of fuel. This reflects the maximum contract for each period of performance.

1.2.6.1 Amount in relation to Fuel

The minimum and maximum amounts of fuel will be understood as a total amount of either Premium Gasoline, Regular Gasoline and Diesel Fuel, or a combination of them.

1.2.6.2 Ceiling prince

The ceiling price for the Base Year, First Option Year, and Second Option Year shall not exceed $3,600,000.00 USD per year for the Base Year and each performance year exercised.

CONTINUATION TO SF-1449

RFQ NUMBER 19MX53-22-Q-0007

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1.3 PERFORMANCE WORK STATEMENT

The Contractor shall engage in Gasoline Provision Services for Government Owned Vehicles (GOV’s) registered by the U.S. Embassy in Mexico City, and the nine (9) U.S. Consulates in Mexico, including Ciudad Juarez, Guadalajara, Hermosillo, Matamoros, Mérida, Monterrey, Nogales, Nuevo Laredo and Tijuana. Gasoline Provision Services must be available throughout Mexico 24 hours per day, 7 days a week, including holidays.

1.3.1 Definitions

1.3.1.1 “CLIN”

Is defined as Contract Line-Item Number.

1.3.1.2 “CO”

Is defined as the Contracting Officer.

1.3.1.3 “COR”

Is defined as the Contracting Officer Representative.

1.3.1.4 “GOV”

Is defined as Government Owned Vehicles.

1.3.1.5 “USG”

Is defined as United States Government.

1.3.1.6 Calendar Day

Is defined as the twenty-four-hour period from midnight to midnight.

Saturdays, Sundays, and all holidays are considered calendar days.

1.3.1.7 Contractor

Is defined as the entity providing the services.

1.3.1.8 Fuel Supply Price

Is defined as the prices as published per liter of Premium Gasoline, Regular Gasoline, and/or Diesel Fuel at each Service Station.

1.3.1.9 Fuel Tags/Cards

Are designed for purchasing Premium Gasoline, Regular Gasoline, and/or Diesel Fuel per vehicle registered at each Service Station, untransferable and unalterable.

1.3.1.10 Fuel Station

Is defined as the Contractor’s facility where the USG shall refuel the GOV with Premium Gasoline, Regular Gasoline, and/or Diesel Fuel.

1.3.1.11 “GTM”

Is defined as Government Technical Monitor, see per clause 1.4.10.2

1.3.1.12 “IDIQ”

Is defined as indefinite delivery/indefinite quantity contract for standard services, under which firm fixed price delivery orders may be placed.

1.3.1.13 Transaction Fee

Is defined as the fee charged by the Contractor, per liter of Premium Gasoline, Regular Gasoline and/or Diesel Fuel. This firm fixed price fee is additional to the price per liter of fuel published at each Service Station.

1.3.1.14 “GAO”

Is defined as Government Accountability Office.

1.3.1.15 “QASP”

Is defined as Quality Assurance and Surveillance Plan.

1.3.2 Participating Agencies

The Contract covers all agencies and sub-agencies supported by the U.S. Embassy Mexico City, Mexico, and the nine (9) U.S. Consulates in Mexico, including Ciudad Juárez, Guadalajara, Hermosillo, Matamoros, Mérida, Monterrey, Nogales, Nuevo and Tijuana, except for those agencies not registered under the Embassy’s ICASS Agreement.

1.3.3 Fuel Stations

The fuel to be provided will be as stated in paragraph 1.3.4 Fuel Type. The Facilities in which the Contractor shall provide Gasoline Provision Services must be available 24 hours per day, 7 days a week, including holidays. The Contractor shall have in place the infrastructure in each Fuel Station to use the Fuel Tags/Cards and Emergency Fuel Cards for each vehicle authorized per the List of Government Owned Vehicles to refuel.

1.3.3.1 Mexico City Fuel Station Locations

The Contractor must ensure that authorized GOVs have access to refuel services in at least 25 gas stations in Mexico City. There shall be at least one 24/7 fuel station in Polanco, and at least one 24/7 fuel station in Santa Fe.

a) U.S. Embassy Compound

The Contractor shall also have a gas station at no more than one (1) kilometer away from the U.S. Embassy Compound.

1.3.3.2 Consulate Fuel Station Locations

The Contractor shall also have at least tree (3) fuel stations in the following cities, where the U.S. Consulates in Mexico are located: Ciudad Juárez, Guadalajara, Hermosillo, Matamoros, Mérida, Monterrey, Nogales, Nuevo Laredo and Tijuana.

1.3.3.3 Additional Locations

The Contractor shall provide services at two (2) or more gas stations in Cuernavaca, Iguala, Morelia, Pachuca, Puebla, Queretaro, Tlaxcala, Toluca and Jalapa.

1.3.4 Fuel Type

The fuel to be provided by the Contractor will be Premium gasoline (octane 92), Regular gasoline (octane 87), and Diesel fuel.

1.3.5 List of Government Owned Vehicles

Upon award, the U.S. Embassy in Mexico City will provide a list of the vehicles subject of the Gasoline Provision Services. It will include the details for its identification and later issuance of fuel/tag cards, see per clause 1.3.4. The list of Government Owned Vehicles will be included in the Attachments upon award on Attachment 1.

1.3.6 Fuel Tracking Method

The Contractor shall provide a secure and effective method for tracking fuel usage on a per-vehicle basis. The tracking method shall meet the following requirements:

1.3.6.1 Vehicle Specific Tracking

The system per clause 1.4.1 Management System, shall be tied to individual vehicles, ensuring that fuel usage is accurately recorded and monitored for each specific vehicle.

1.3.6.2 Non-Transferable Mechanism

The tracking method shall prevent unauthorized transfer or use of fuel allocations between vehicles. The method must ensure that fuel access is restricted to the designated vehicle only.

1.3.6.3 Exclusion of Location Tracking

The Fuel Tracking Method shall not include or rely on GPS or other location-based technologies to monitor the physical location of vehicles. The sole purpose of the system shall be to track fuel usage, and no data related to vehicle movement or location shall be collected or stored.

1.3.6.4 Implementation and Maintenance

The Contractor shall ensure the method is practical, user friendly, and easily implemented. The Contractor shall also provide ongoing support and maintenance to ensure the system remains functional and secure throughout the contract period.

1.3.6.5 Issuance of Fuel Tags/Cards/Innovative technologies

The Contractor shall propose the use of vehicle – specific tags, cards, or other innovative technologies to meet these requirements per clause 1.3.6 Fuel Tracking Method. The proposed solutions shall be part of the Evaluation Factors for award. The Contractor shall issue fuel tags/cards/innovative technology for each vehicle. Each tags/cards/innovative technology shall be clearly marked stating the vehicle plates to which each one will be assigned.

Tags/cards/innovative technology shall be delivered to the Contracting Officer’s Representative (COR) no later than three (3) days after the Contractor has received a fully approved Task Order.

a) Fuel Tags/Cards/Innovative technology Usage

The Contractor shall ensure that all fuel Tags/Cards/Innovative technology can be used in the authorized fuel stations throughout Mexico stated in paragraph

1.3.5. Fuel Stations.

b) Emergency Fuel Tags/Cards/Innovative technology

The Contractor shall provide fuel Tags/Cards/Innovative technology that will be used for emergency Gasoline Provision Services in case the fuel tag/card system is down. This Tags/Cards/Innovative technology will be opened to refuel in the authorized fuel stations throughout Mexico stated in paragraph

1.3.5. Fuel Stations, for any of all the vehicles listed in the authorized vehicles Attachment 1.

c) Use of Emergency Fuel Tags/Cards/Innovative technology

The Contractor shall ensure that emergency fuel Tags/Cards/Innovative technology can be used in the authorized fuel stations as stated in paragraph

1.3.5 Fuel Stations

d) Transparency

The contractor shall implement that the Tracking Method includes a process for identifying and verifying Tags/Cards/Innovative technology at each fuel station, ensuring transparency, accountability, and preventing misuse or fraud. This process must be trackable through the management system.

1.3.7 Uninterrupted Service

The Contractor shall provide uninterrupted services twenty-four (24) hours a day, seven (7) days a week, including weekends and holidays mentioned in the DOSAR provision 652.237-72

1.4 MANAGERIAL AND ADMINISTRATIVE SUPPORT

The USG and the Contractor shall engage in different and complementary responsibilities to maintain the efficiency and organization for the Gasoline Provision Services to have fruitful operations.

1.4.1 Management System

The Contractor shall keep a system to manage the USG account. The system shall enable clear and reliable reporting of fuel usage for each vehicle. The COR and GTM shall be provided with full 24/7 access to this system in order to:

A. Correct mileage

B. Increase or decrease fuel amounts to be assigned

C. Deactivate tags/cards

D. Generate consumption reports

1.4.2 Task Orders

1.4.2.1 The issuance of Task Orders refers to a specific request summited by the USG for the Contractor to fulfill within the Gasoline Provision Services described under this contract. Issuance of Task Orders

The CO will submit fully approved Task Orders to the contractor to request fuel tags/cards (see 1.3.6 issuance of fuel tags/cards) and emergency fuel cards (see 1.3.6.2 Emergency Fuel Cards and 1.3.6.3 Use of Emergency Fuel Cards) for one or more vehicles.

1.4.2.2 Task Orders Issuance Responsible

The CO is the only responsible for issuing Task Orders.

1.4.2.3 Task Orders Description

Each Task Order shall clearly state the number of tags/cards required, as well as the total amount to be allocated for fuel supply.

1.4.2.4 Terms and Conditions for Task Orders

All Task Orders issued shall be subject to the applicable terms and conditions of the IDIQ Contract. All services under this contract shall be ordered through a Task Order Form OF 347 (see Attachment 4), issued and signed by the C.O., as the need arises. This includes any modifications to task orders if necessary.

1.4.2.5 Period of Issuance of Task Orders

Task Orders may be issued from the date of contract award, through the end of the contract Period of Performance.

1.4.3 Deliverables

The following items shall be delivered under this contract:

Deliverable Due Date Deliver to

Monthly Report (Block 1.4.5) No later than the fifth (5th) day of each month. COR

Fuel tags/cards (Block 1.3.6) No later than three (3) days after receiving a fully approved Task Order issued by the Contracting Officer.

COR

Emergency fuel cards (Block 1.3.6.2)

No later than three (3) days after receiving a fully approved Task Order issued by the Contracting Officer.

COR

1.4.4 Reports

The Contractor shall submit a monthly report in an Excel file that shall show the following information:

A. Refuel date.

B. Refuel time.

C. Plate number.

D. Fuel tag/card used.

E. Cost per liter.

F. Number of liters.

G. Subtotal (without VAT/IVA).

H. VAT/IVA cost.

I. Total cost (with VAT/IVA).

J. Administrative fees, if applicable.

K. VAT over administrative fees, if applicable.

L. Total cost to include administrative fees.

M. Each report shall cover information for the previous month and outstanding cases.

1.4.5 Detailed Billing

The Contractor shall provide a monthly breakdown of invoices issued for each individual account. The breakdown shall clearly define the following minimum information:

A. Task Order number.

B. Invoice number.

C. Account number.

D. Plates of vehicles covered.

E. Amount without VAT/IVA.

F. VAT/IVA amount.

G. Total invoiced.

1.4.6 Price Adjustment

The unit price per liter of Premium Gasoline, Regular Gasoline and Diesel fuel may be adjusted based on increases or decreases in the official price of fuel mandated by the Government of Mexico.

1.4.6.1 Adjustment Price Procedure

To request an adjustment in price, the Contractor must provide written notification of the price change to the CO at least one week before the new price is to be effective. This notification must be accompanied by a copy of the Legal Official Announcement of the corresponding Mexican Government entity approving the change in price, showing the new price and its effective date.

The officer or general partner of the Contractor having overall responsibility for the Contractor's affairs shall certify the submission by written signature.

1.4.6.2 Diverse Causes Not Justifiable for a Price Adjustment

The USG will make no adjustment to the contract price that relates to any wages, overhead, fixed costs, general and administrative expenses, materials, or profit. Only the amount which is a direct result of an increase or decrease in the price of oil to be delivered under this contract shall be considered by the U.S. Government as the basis for contract price adjustments.

1.4.6.3 Non-Retroactivity After Payment

The Contractor may not request an adjustment under this clause after final payment has been made under this contract.

1.4.6.4 Price Adjustment Applicability

This clause shall only apply to laws enacted by the Government of Mexico which meet the criteria set forth above. The U.S. Government will make no adjustments in contract price due to currency devaluations or fluctuations in exchange rates.

1.4.7 52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

1.4.7.1 Contractor Quality Control Management (QCMP)

The Contractor shall be responsible for quality control and management throughout the contract terms. The Contractor, within 30 days of award and prior to start of services, shall provide a Quality Control Management Plan (QCMP) for COR review and approval. This plan must be approved before start of services.

The QCMP shall define:

a. The contractor's approach to Quality Control on the contract.

b. An overview of the contractor's approach to the planning, organization, direction, and control of quality-related activities associated with the delivery and performance of products and services.

c. The procedures to perform Quality Metrics, Quality Checklist, on-site inspections, and Quality Assurance and Quality Control.

a) Purpose

This plan is designed to provide an effective method to promote effective Contractor performance. The QCMP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance using the Departments QASP, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance.

The Contractor, not the Government, is responsible for management of quality control to meet the terms of the contract. The role of the Government is to monitor the conduct of the Contractor as it relates to quality assurance to ensure that contract standards are achieved.

b) Documentation

The Contractor shall measure and document its performance against the scope of work and performance outcome requirements. The frequency at which one’s performance is evaluated is largely a function of the customer’s expectations as reflected in the scope of work or performance outcome.

c) Measurement

The Contractor shall use one or more of the following measurement tools:

• Surveys

• Inspections

• Complaint logs

• Customer evaluations

d) Inspection Routine

The contractor shall institute an appropriate inspection routine that includes but is not limited to the following:

• Develop and maintain checklists of duties to be carried out.

• Ensure that the foremen staff and skilled workers closely monitor these duties.

e) Inspection Visits

The Contractor shall perform inspections visits at all work locations on a regular basis to determine whether work activities are being performed according to contract requirements. The contractor shall coordinate these visits with the COR. These visits shall be surprise inspections to those working on the contract.

f) Safety Management Plan

The Contractor shall submit, review, and update its Safety Management Plan (included in its original proposal) and Job Hazard Analysis (see Exhibit 12) to the COR for Post Occupational Safety and Health Officer (POSHO) review within thirty days after award and every time the COR requests a modification per Occupational Safety and Health regulations required of the contract. Initial POSHO review must be approved before the janitorial service initiates and to continue with the services.

g) Feedback

The Contractor shall respond to both positive and negative customer feedback and inspection results and shall fully investigate complaints.

Feedback shall be part of the contractor’s ongoing effort to improve service.

Regular and on-going communication between the Contractor and COR is essential to meeting customer expectations.

h) Evaluation of Progress and Continuous Improvement Plan

Appropriate levels of management should follow a documented process in reviewing performance results. There should be a written corrective plan of action that is consistent with the contractor’s policies and procedures in the QCMP. The QCM plan should describe how the contractor will measure, report, and implement performance improvement.

Performance Objective Performance Standard PWS Paragraph Performance Threshold

Regular Gasoline Service

Adequate service provided, ensuring the fuel tag/card matches the vehicle that requests the service.

C.1.3 95-100% of Staffing is available.

Premium Gasoline Service

Adequate service provided, ensuring the fuel tag/card matches the vehicle that requests the service.

C.1.3 95-100% of Staffing is available.

Diesel Fuel Service

Adequate service provided, ensuring the fuel tag/card matches the vehicle that requests the service.

C.1

All required services are performed and no more than three (3) customer complaint is received per month.

Fuel tag/card and emergency fuel tag/card issuance and/or replacement

Adequate fuel tag/card matching the vehicle contained in the list and being delivered within the period designated to do so.

C.2 100% of Staffing is available.

Reports

Keeping perfect record of the fuel provided per period requested in accordance with the fuel tag/card system and the vehicles recipient of the service.

C.2 All required services are 90% in adherence to safe quality standards

i) Surveillance

The Contractor will conduct walk throughs, surveying for any potential areas that need attention to quality of service. The COR may also receive and document all complaints from Government personnel regarding the services provided.

j) Standard

The performance standard is that the Government receives no more than three (3) customer complaint per month for the Gasoline Provision Services.

k) Procedures

To be best determined in the proposed Contractor Control Management Plan (QCMP).

Note: Request the Contracting Officer review this information above to confirm consistency with guidance provided at the header for this section.

1.4.7.2 Quality Assurance and Surveillance Plan

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved

a) Surveillance

The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

b) Standard

The performance standard is that the Government receives no more than three (3) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions-Commercial Items), if any of the services exceed the standard.

c) Procedures

If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

The COR will complete appropriate documentation to record the complaint.

The COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

The COR will consider complaints as resolved unless notified otherwise by the complainant. Unresolved or repeated complaints may require the Contractor updating its QCMP by coordination with the COR and approved by the CO.

Approval by the CO is to ensure quality control and changes to the management plan do not cause out-of-scope work to be provided.

Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

1.4.8 USG Managerial Responsibilities

The Managerial Responsibilities for the USG are described in clause 1.4 including but not limited to clauses 1.4.10.1 to 1.4.10.7

1.4.8.1 652.242-70 Contracting Officer's Representative (COR) (AUG 1999)

A. The CO may designate in writing one or more Government employees, by name and position title, to take action for the

Contracting Officer under this contract. Each designee shall be identified as a COR. Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer, and this authority is delegated in the designation.

B. The COR for this contract is the Motor Pool Supervisor.

1.4.8.2 Government Technical Monitor (GTM)

The CO may appoint an individual(s) to assist the COR in monitoring the contractor’s performance. This individual is called a Government Technical Monitor (GTM). A GTM may be designated to provide technical monitoring, advice, and assistance, to aid the COR in the monitoring and evaluation of the contractor’s performance.

a) Monitoring Contractor Performance

The GTM shall oversee the delivery, quality and quantity of gasoline supplied to their designated section and shall ensure contractor adherence to the agreed-upon specifications and delivery schedules within their section.

b) Inspection and Acceptance

The GTM shall verify the gasoline deliveries to inspect compliance with contract requirements and shall document and report any discrepancies or issues from their designated area to the COR by accessing the Management System.

c) Documentation and Reporting

The GTM shall maintain accurate records of gasoline deliveries, including quantities received, inspection results per section

1.4.8.2 (b), and any incidents within their section. The GTM shall submit monthly report to the COR, detailing all activities performed within their section, including fuel usage, fund management, and any issues encountered (tag replacement request, vehicle replacement, etc.). This report shall be submitted within the first five (5) days of each month.

d) Fund Management

The GTM shall maintain impeccable records of the funds allocated to their section and shall be responsible for obligating and de-obligating funds as needed to ensure proper financial management and compliance with contractual obligations.

e) Tag Replacement

The GTM shall oversee the replacement of tags/cards/innovative technology that shall receive service within their section, keeping close track of the motives of such changes.

f) Vehicle Changes

The GTM shall coordinate the process for changing vehicles to ensure continued access to gasoline services, while maintaining compliance with tracking requirements.

g) Coordination with COR

The GTM shall work under the direction of the COR and provide technical support to ensure the effective administration of the contract.

h) Limitations of Authority

The GTM shall not have the authority to make changes to the contract terms, conditions, or pricing. Any required modifications or decisions affecting the contract shall be referred to the COR and CO.

i) Designation

The GTM’s designation and responsibilities shall be formalized in writing by the Contracting Officer.

1.4.8.3 Authorized Ordering Officials

Those authorized to issue task orders under this IDIQ contract are any warranted Contracting Officer assigned to the General Services Office at the U.S. Embassy and at one of the nine (9) U.S. Consulates in Mexico. This includes full authority to award and administer Task Orders issued under the IDIQ contract. All authority to change or modify the basic IDIQ contract, including the exercising of any options, remains with the Contracting Officer assigned to the General Services Office at the U.S. Embassy Mexico City.

1.4.8.4 USG Employees Authorization Faculties

The COR and/or the GTM are the only USG employees authorized to make any changes to the list of approved GOVs to be refueled under this Contract. The Contractor shall be responsible of updating and making any necessary changes to its systems and/or databases within one business day from the COR/GTM’s request.

1.4.8.5 COR Requirements in Task Orders

The COR and GTM must submit a worksheet monthly with the Task Order stating the following information:

A. Vehicle(s) License Plate(s).

B. Vehicle Type.

C. Vehicle Model.

D. Type of fuel to be provided.

E. Approved amount per service.

F. Approved amount per day.

G. Approved amount per month.

1.4.8.6 COR Amount Monitoring

The Contractor, the COR and the GTM shall be responsible for monitoring the amounts spent in order to prevent that the allocated amounts are exceeded.

1.4.8.7 COR Requirements in Reports

The COR shall submit either an approval or a request for clarification within three (3) business days.

1.4.9 Contractor Managerial Responsibilities

The Managerial Responsibilities for the Contractor are described in clause 1.4 including but not limited to clauses 1.4.11.1 to 1.4.11.8

1.4.9.1 Contractor’s Personnel Responsibilities

The Contractor’s personnel shall be responsible of providing Gasoline Provision Services under this contract to GOVs fitted with the fuel tag or upon presentation of the corresponding fuel card (with matching GOV plate number). The Contractor’s staff shall verify that the fuel tag/card matches the GOV plate number and identification before refilling the fuel tank.

1.4.9.2 Customer Service Representative

The Contractor shall designate a single and reliable Customer Service Representative for the daily and regular administration of this contract, as well as for any urgent requests. This representative will meet with the COR as needed.

1.4.9.3 Customer Service Representative Qualifications

The Customer Service Representative shall have sufficient English language skills to be able to communicate with members of the U. S. Government staff and the administrative skills required to perform the administrative aspects of this contract.

1.4.9.4 Customer Service Representative Alternate

If the designated Customer Service Representative is absent, an alternate who also meets the English and administrative requirements of this section shall serve as a replacement. The alternate shall be familiar with this contract and all cases in progress. The Contractor shall advise the COR of the alternate’s information if the designated Customer Service Representative is to be absent.

1.4.9.5 Contractor Responsibility over Employee’s Actions

The Contractor shall be responsible of any of their employees’ actions regarding the use of all the services provided under this contract.

1.4.9.6 Contractor Requirements in Reports

The Contractor shall submit the monthly report for COR approval no later than the fifth (5th) day of each month.

1.4.9.7 Contractor Amount Monitoring

The Contractor, the COR and GTM shall be responsible for monitoring the amounts spent in order to prevent that the allocated amounts are exceeded.

1.4.9.8 Contractor Responsibility on Fuel Tags/Cards

The Contractor shall issue tags/cards upon reception of a fully approved Task Order issued by the Contracting Officer.

ATTACHMENTS

1.5 ATTACHMENTS

List of attachments

Attachment 1 – List of Government Owned Vehicles

Attachment 2 – Payment Registration Form – Pesos

Attachment 3 – Vendor Portal Registration

Attachment 4 – Guide for NCAGE and SAM Registration

1.5.1 ATTACHMENT 1

LIST OF GOVERNMENT OWNED VEHICLES

To be provided upon award.

1.5.2 ATTACHMENT 2

PAYMENT REGISTRATION FORM – PESOS

COMPANY INFORMATION

New Registration of Account Change of Account

Fiscal Name of the account holder RFC (for Mexican Companies) Name - Point of Contact Telephone Number(s) E-mail Address Company Address

Bank information needed for EFT transfers in Pesos, Mexican Currency.

BANK INFORMATION

Bank Name CLABE Interbancaria (18 digits) Currency of Account MXN

If it is a collection account, please include the reference number:

Numeric reference:

Alphanumeric reference:

Signature Date

FMC approval

Note to Offeror: This form must be signed and attached in PDF format.

1.5.3 ATTACHMENT 3

GUIDE FOR NCAGE AND SAM REGISTRATION

1. BACKGROUND

To be eligible for an award, all prospective Offerors shall have a SAM Unique Entity ID; a Commercial and Government Entity (Cage) (for American companies) or a North Atlantic Treaty Organization (NATO) = (NCAGE) Code (for international companies), and an active registration in System for Award Management (SAM).

Refer to FAR 4.605(b).

International companies have had trouble registering in SAM. One of the most common issues is inaccurate address validation. SAM first validates the addresses entered when requesting NATO Commercial and Government Entities (NCAGE) and unique entity ID match. If SAM.gov cannot validate your entity, you can create a help ticket with the Federal Service Desk at www.fsd.gov.

NOTE: it is very important that each company/entity register with their fiscal company name and address in NCAGE as well as in SAM and without misspelling/typos. The information shall match and be the same on all registrations, if not, the process will take much longer.

2. NATO COMMERCIAL AND GOVERNMENT ENTITY (NCAGE) CODE:

Foreign entities shall obtain a NCAGE code for each Unique Entity ID they plan to register in SAM, before starting the registration process. Make sure the name and address information provided to obtain the NCAGE code matches that of the Unique Entity ID. Allow up to three (3) business days to receive the NCAGE code.

The direct link NCAGE Request Tool is:

NATO Codification System - AC135 Unique Entity ID

On April 4, 2022, the federal government stopped using the DUNS number to uniquely identify entities. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. the unique entity identifier http://www.fsd.gov/ https://www.nato.int/structur/ac/135/welcome.htm used across the federal government changed from the DUNS Number to the Unique Entity ID (generated by SAM.gov).

The Unique Entity ID is a 12-character alphanumeric ID assigned to an entity by SAM.gov.

Therefore, any entity (contractor, corporation, partnership, organization, or individual) wishing to do business with the federal government under a Federal Acquisition Regulation (FAR) based contract, or anyone applying for federal grants, cooperative agreements, or other forms of federal financial assistance through Grants.gov, must be registered in SAM.gov. Overseas federal acquisition awards up to $30,000 are granted an exception.

Current SAM.gov registrants have already been assigned their Unique Entity Identifier and can view it within SAM.gov; there is no further action required.

Existing registered entities can find their Unique Entity ID by following the steps here.

After April 4, 2022, entities registering in SAM.gov will no longer have to go to Dun & Bradstreet and acquire a DUNS number.

3. SYSTEM FOR AWARD MANAGEMENT (SAM)

Offerors must register the entity in SAM at – SAM.gov | Entity Registrations

Please allow plenty of time before the contract application deadline. Allow up to 10 business days after submission before the registration is active in SAM.

See SAM Entity Registration Checklist to know more about the information that will be requested during your registration.

Note to Offerors: Opening an account at sam.gov does not mean that you are registered. You need to click on and follow the system guidance to complete the registration.

https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0041254 https://sam.gov/content/entity-registration https://iae-prd-videos.s3.amazonaws.com/pdf/entity-checklist.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Date=20220408T170943Z&X-Amz-SignedHeaders=host&X-Amz-Expires=86399&X-Amz-Credential=AKIAY3LPYEEXWOQWHCIY%2F20220408%2Fus-east-1%2Fs3%2Faws4_request&X-Amz-Signature=b121ba263d8b1ce303d3c6ef0f64f70894bb25e849f78f3f236383edb06eea21

If you completed or started your registration before May 2021, please note that sam.gov has changed. Please see the main changes description in the following link:

https://www.fsd.gov/gsafsd_sp?id=kb_article&sys_id=1cb691e91bfaa8d02fe5ed7ae54bcb0d

Before and After SAM.gov (Workspac

J.8.5. Federal Service Desk For further guidance and help please contact the Federal Service Desk at https://www.fsd.gov https://www.fsd.gov/gsafsd_sp?id=kb_article&sys_id=1cb691e91bfaa8d02fe5ed7ae54bcb0d https://www.fsd.gov/

2 – CONTRACT CLAUSES

2.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (NOV 2023)

52.212-4 Contract Terms and Conditions – Commercial Items (Nov 2023) Is Incorporated by Reference. (See SF-1449, Block 27a).

Addendum – None

2.2 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2025) [(DEVIATION FEB 2025)]

(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).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10

(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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

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

_X_ (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).

__ (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).

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

https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#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/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15

_X_ (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).

_X_ (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.

__ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) ( 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.

https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.govinfo.gov/link/uscode/31/6101 https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7

__ (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) ( 15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (JAN 2025) 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.

_X_ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

__ (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, Postaward Small Business Program Rerepresentation (JAN 2025) (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)).

https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29

__ (28) 52.219-30,…