Solicitation package signed.pdf

Enclosure; As stated

Embassy of the United States of America

Lima, Peru August 15, 2024

To Prospective Offeror:

Subject: RFQ for 19PE5024Q0076

Cocaine Encapsulation

The American Embassy in Lima Peru has a requirement for a contractor to provide one

Cocaine Encapsulation for the International Narcotics and Law Enforcement Section (INL) operation. You are invited to submit a quotation. The Request for Quotations (RFQ) consists of the following sections:

1. Standard Form SF-1449

2. Quotation information.

3. Qualification of Offerors and evaluation criteria

4. FAR & DOSAR Clauses & Certifications

The Embassy plans to award a purchase order submitting an acceptable offer at the lowest price. You are encouraged to make your quotation competitive. You are also cautioned against any collusion with other potential offerors with regard to price quotations to be submitted. The RFQ does not commit the American Embassy to make any award. The

Embassy may cancel this RFQ or any part of it.

As per US Government regulations, in order to participate in this RFQ it is required that the offerors are duly registered at the (SAM) System for Award Management. If you are not registered and you want to participate, you must initiate this process at www.sam.gov.

Any questions about this solicitation shall be addressed to delsolarme@state.gov only in writing until Wednesday, August 21, 2024 at 12:00 pm. (local time and date).

Please read the RFQ carefully, and if you are interested, submit your quotation, by returning the completed SF-1449 (blocks 23, 24, 30a, 30b, 30c) and proposal to delsolarme@state.gov no later than Thursday, August 29, 2024 at 10:00 am (local time and date). Oral quotations will not be accepted.

Sincerely, Curt Whittaker

Contracting Officer http://www.sam.gov/ mailto:delsolarme@state.gov

AUTORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PR12734451

PAGE 1 OF 54 PAGES

2. CONTRACT NO.

3. AWARD/ EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

19PE5024Q0076

6. SOLICITATION ISSUE

DATE

08/15/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Maria E Del Solar

b. TELEPHONE NUMBER(No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

08/29/2024 / 10:00

9. ISSUED BY CODE PE500 10. THIS ACQUISITION IS x UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

EDWOSB EMERGING SMALL BUSINESS

AMERICAN EMBASSY LIMA

Av. Lima Polo cdra 2 s/n, Monterrico, Surco, ATTN:

GSO/Procurement Lima

PERU

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS 8 (A) SIZE STANDARD:

13b. RATING11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

x SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

x RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

AMERICAN EMBASSY LIMA

INL Warehouse Av. Elmer Faucett cdra.

40S/N, coordinate delivery 24 hours in advance w/ Callao Base FAP

PERU

AMERICAN EMBASSY LIMA

Av. Lima Polo cdra 2 s/n, Monterrico, Surco, ATTN: GSO/Procurement Lima

PERU

CODE FACILITY

CODE

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY LIMA

AV. Lima Polo cdra 1 s/n Monterrico-Surco, ATTN: FMO /

DBO

Lima 33

PERU

CODE

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 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)

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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 HEREIN.

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

See details in next pages.

Curt Whittaker 8 Aug 2024

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: _______________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NO. 40. PAID BY

41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41C. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

1 Cocaine Encapsulation (Estimated amount of cocaine seized in a 12-month period 25.00 MT)

12 months

18% IGV (if applicable)

Total

19PE5024Q0076 Page 1 of 54

SOW (STATEMENT OF WORK)

PURPOSE

The objective is to destroy seized cocaine on behalf of the Peruvian government using encapsulation for one year, totaling approximately 25 MT of cocaine. Service providers should comply with relevant Peruvian government regulations including:

• Decree-Law No. 22095: The Law for the Repression of Illicit Drug Trafficking (1978).

• Legislative Decree 1592: Amends Legislative Decree 1241, strengthening measures against illicit drug trafficking.

• Penal Code: Approved by Legislative Decree No. 635.

Additionally, Legislative Decree 1592, section 13.1 of article 13, permits alternative methods of drug destruction beyond incineration. According to Technical Health Standard No. 144-MINSA/2018/DIGESA, cocaine is classified as a Class B Waste, specifically "Special Waste" type B2 "Pharmaceutical Waste."

MISSION/SCOPE

This service supports the INL’s mission combat illicit narcotics in Peru. By aiding ¨Dirección General Contra el Crimen Organizado¨ (DGCO) in transitioning to improved methods of drug destruction, such as cocaine encapsulation, INL contributes to reducing illicit drug trafficking and enhancing public safety by removing drugs from the streets sustainably.

PERIOD AND PLACE OF PERFORMANCE

The service will be executed at the facilities of the selected waste disposal company for a period of one year.

BACKGROUND

The Law for the Repression of Illicit Drug Trafficking (Legislative Decree No. 22095) was enacted in Peru in 1978 to combat drug trafficking, mandating the Ministry of Interior to destroy confiscated drugs. Initially, this was done in a brick kiln, later replaced by a safer incinerator donated by the US Embassy in 2007. Due to the deteriorated state of the incinerator, DGCO explored encapsulation, a safer and cheaper method also used by the government of Ecuador. This led to Legislative Decree 1592, which allows faster and less costly destruction methods.

PERFORMANCE OBJECTIVES

The selected company will be responsible for the destruction of seized cocaine through encapsulation. DGCO will coordinate and supervise the execution of this service, with participation from representatives of the

Public Ministry and the Peruvian National Police (PNP).

Key Requirements:

1. Destruction Method:

19PE5024Q0076 Page 2 of 54

• Perform the encapsulation of narcotic and psychotropic drugs in security cells as outlined in the

"Illustrated Guide for the Elimination of Chemical Substances Used in the Illicit Manufacturing of

Drugs" by the UNODC.

• Ensure compliance with all relevant regulations and obtain explicit authorizations from the

Ministry of the Environment.

2. Facilities and Equipment:

• Provide calibrated balances and scales and ensure safe, clean, and adequately equipped spaces for the weighing, preliminary identification, and witnessing of substance destruction by authorized representatives.

• Supply safety equipment such as ANSI-certified helmets, cut-resistant gloves, and high-visibility reflective vests.

3. Demonstration Visits:

• Authorize demonstration visits for GOP authorities and international observers.

4. Licensing and Safety:

• Possess a valid environmental license for operation granted by the Ministry of the Environment.

• Provide required personal protective equipment (PPE) to all operators involved in destruction activities.

5. Firefighting and Security:

• Maintain an advanced firefighting system, including strobe lamps, sirens, and an automatic sprinkler system, with regular maintenance and testing to ensure operational readiness.

• Keep a detailed record of all entries to the facilities, including names, identification card numbers, institutions represented, and vehicle data, updated and stored in real-time.

6. Destruction Equipment:

• Have a closed cell crusher specifically designed for the destruction of narcotic and psychotropic substances. The crusher must be equipped with an internal water spray system to mitigate the formation of mist or particulate matter. The crusher must have a minimum capacity of 1500 kg per hour. The system must include a robust loading belt and a drill (endless screw) to a mixer with a capacity of 60 cubic meters per hour. Additionally, the Contractor must have a high-capacity concrete mixer, with a minimum capacity of 6 cubic meters per hour, to ensure efficient processing of the destroyed substances.

• Ensure all destruction equipment is regularly inspected, maintained, and calibrated according to the manufacturer's specifications and industry best practices.

19PE5024Q0076 Page 3 of 54

ADDITIONAL INFORMATION

Insurance:

The contractor must ensure that all personnel engaged in activities related to this service are covered by

Comprehensive Work Accident Insurance, as mandated by Law No. 26790 - Law on Modernization of Social

Security in Health, regulated by Supreme Decree No. 009-97-SA and related norms. Personnel must also be provided with the necessary personal protective equipment. Additionally, the contractor must ensure that all cargo is covered by Transport Insurance, protecting against losses and material damages incurred during transportation. Proof of the required insurance policies must be submitted before contract signing.

Environmental Impact:

The execution of treatment and final disposal services must adhere to sanitary and environmentally appropriate management principles, focusing on environmental risk prevention and health protection. This must be done in accordance with Legislative Decree No. 1278, which approves the Law on Comprehensive

Solid Waste Management, its regulations under Supreme Decree No. 014-2017-MINAM, and the General

Environmental Law No. 28611 and its amendments under Legislative Decree No. 1055.

Mandatory Legal Capacity:

The contractor must demonstrate that the individual signing the contract has the legal authority to do so on behalf of the company.

Terms of understanding:

The contractor must present a comprehensive and detailed work plan that includes the following elements:

1. Activity schedule/Work methodology

• Provide a detailed timeline of all activities, including start and end dates, milestones, and deadlines for each phase of the project.

• Describe the methodology to be used for each task, ensuring adherence to best practices and regulatory standards.

• Include a Gantt chart or similar project management tool to illustrate the schedule and dependencies.

2. Description of encapsulation method

• Describe the technology and equipment to be used to complete encapsulation.

• Detail procedures for receiving, handling, and processing the cocaine, ensuring compliance with safety, security, and environmental regulations.

• Include any relevant technical specifications, diagrams, or flowcharts to clearly illustrate the method.

3. Contingency Plan for Land Transport of Hazardous Materials

19PE5024Q0076 Page 4 of 54

• Develop a comprehensive contingency plan for the transportation of hazardous materials, approved by the Ministry of Transport and Communications.

• Detail the protocols for emergency response.

• Outline the measures to be taken to ensure the safety of personnel and the public during transportation.

4. Key Personnel Involved in the Project

• Identify all key personnel involved in the project, including their roles, responsibilities, and qualifications.

• Provide contact information for each key team member, including telephone numbers and email addresses for coordination purposes.

• Include an organizational chart to illustrate the reporting structure and lines of communication.

APPROVAL OF PARTIALLY COMPLETED SERVICES

The General Director of DGCO and the Director of the Department of Drugs and Illegal Crops Control will review and approve partially completed services. This approval process will involve verifying compliance with the terms of reference and the submission of partial reports approximately every 40 days. These reports must include:

• The amount of cocaine encapsulated.

• Technical details of the encapsulation process

• Weighing receipts

• Cargo manifests

• Disposal certificates

• Signed records for each stage of the process.

All activities must adhere to relevant laws, regulations, and standards related to hazardous waste management, transportation, and environmental protection. The execution of the service should prioritize environmental sustainability and compliance with safety regulations.

Upon verification, the confirmation and approval will be forwarded to the NCP in INL Lima for final review and approval of partial payments.

Item Description Service Detail Unit of measurement

Amount

1 Treatment and disposal service for seized cocaine hydrochloride

Encapsulation of pure cocaine hydrochloride (not mixed)

Kg xx,xxx.xx

19PE5024Q0076 Page 5 of 54

ANNEX No. 1

(Recommended Letter of Commitment, for the proper handling of the drugs)

-Contractor's (or subcontractor’s) Other Obligations: A commitment letter is recommended (below), stating that they assume responsibility for the conservation and integrity of cocaine subject of this service.

To:

MINISTRY OF THE INTERIOR

Through this document, I, the Legal Representative of (INCLUDE DATA OF CONTRACTOR), with legal address at (INCLUDE LEGAL ADDRESS), hereby commit to:

Assume and guarantee responsibility for the conservation and integrity of the drugs subject to the service, upon contract signing, from the moment these drugs are received until their final disposal (with involvement from relevant government agencies throughout the process).

Likewise, the company assumes civil and legal responsibility for any personal and material damages that may occur during the execution of this service.

At the same time, these drugs will be protected by an insurance policy from the company (INCLUDE

NAME OF THE INSURANCE COMPANY AND VALIDITY).

[INCLUDE CITY AND DATE]

19PE5024Q0076 Page 6 of 54

SECTION 2 – QUOTATION INFORMATION

Section 1 – Required Supplies and Services

1.1. Background

The INL Eradication Program of the International Narcotics and Law Enforcement (INL) Section based in

Lima, Peru is seeking a vendor that can provide the above Cocaine Encapsulation.

1.2. Required Products and Services

Service must be provided by a local vendor as outlined in the section 1 of this solicitation. The required language will be in Spanish.

1.3. Place Of Delivery (Inspection and Acceptance)

Service shall be performed no later than 15 calendar days from order award. The final inspection and acceptance of the service shall be performed by the U.S. Government upon their arrival at the point of the cocaine encapsulation, however the awardee may allow the government to exercise a pre-inspection. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of each 40 days report.

1.4. PAYMENT TERMS

Net 30 days-payment shall be made after full inspection and acceptance of the service by the U.S.

Government representative in the point of destination.

2 – Special Conditions

2.1. INL Source – Nationality Restrictions

N/A

2.2. Type of Order

The Government intends to award a Firm Fixed Price (FFP) purchase order payable entirely in US dollars

(USD). The price shall include all direct and indirect costs, overhead, general, and administrative expenses, transportation, and taxes where applicable. No additional sums will be payable for any escalation in the cost of performance or because of the Contractor's failure to properly estimate or accurately predict the difficulty of completing this order. The Government will not adjust the resulting order price due to fluctuations in exchange rates. The RFQ does not commit the American Embassy to make any award. The Embassy may cancel this RFQ or any part of it.

2.3. Local Conditions and Value Added Tax (VAT)

Local vendors must include the VAT as separate line item in its offer (if applicable). Each

Offeror/contractor is responsible for thoroughly examining the solicitation documents and the proposed contract documents and understanding the requirements thereof.

19PE5024Q0076 Page 7 of 54

- Verifying all pertinent site conditions of the host country and knowing all applicable U.S. and host country laws and regulations, including host country laws and regulations concerning the importation of labor and materials, taxes, or otherwise bearing on the performance of the Purchase

Order.

- Ascertaining the availability of all materials and equipment necessary to produce the work required by the proposed Contract Documents, of sufficient skilled labor to perform the work.

3 – Basis for Selection

3.1. Issuance of Purchase Order

Your proposal should contain your best terms. The Contracting Officer may reject any or all proposals.

After initial evaluation of proposals, the Contracting Officer may negotiate final terms with one or more contractors of the Government’s choice before issuing a purchase order.

3.2. Instructions and Notices

To assure timely and fair consideration of your proposal, you must follow the instructions contained herein.

Proposals must be complete, self-sufficient, and respond directly to the requirement of this RFQ. Failure to provide requested information in the format specified in this section may result in an unfavorable evaluation or non-consideration of your company’s proposal.

Your proposal must be based on the terms of this RFQ. We might reject any proposal that is not based on these terms in every respect.

3.3. Proposal Due Date and Time

To be considered for award, your proposal must be received by the Government no later than 10:00 am local Lima time of Thursday, August 29, 2024. Your proposal must be emailed to delsolarme@state.gov.

Submission through any other method is not authorized.

3.4. Questions

Questions pertaining to this RFQ, if any, must be addressed to delsolarme@state.gov. Include the RFQ number on the email subject line. The Government expects to streamline the selection process. As such, it is crucial that questions, if any, be submitted no later than Wednesday, August 21, 2024 by 12:00 p.m. The

Government will strive to provide responses to pertinent questions before the due date and time for submission of proposals. However, there are no assurances that all questions may be addressed prior to the date and time established for receipt of proposals.

Responses to pertinent questions will be posted accordingly and offers shall be valid for 90 days.

3.5. Alternate Proposals

Alternate proposals are not solicited and will not be evaluated.

3.6. US Dollars and English Requirements

19PE5024Q0076 Page 8 of 54

To be considered for award, contractors must submit proposals in response to this RFQ in English and in

U.S. dollars. Proposal received in another currency or language will not be evaluated and will not be considered for award.

4. Proposal Format and Content – General Instructions

Not to Exceed 10 Pages

• The cover page must include the company name, the RFQ number, and the due date and time established for receipt of proposals.

• Tab A – Proposed Terms and Locations o Described the proposed terms and training duration, response times, and any exclusions.

o Provide name, address, and POC information of locations that will provide the service.

• Tab B – Proposed Delivery Date o State the proposed delivery date.

• The Government expects that competition will establish fair and reasonable prices. However, the government reserves the right to require information such as paperwork a business incorporated in Peru or other than cost and pricing data if it is later determined that said information is needed to evaluate the proposed price. Failure to provide requested information may render the offeror ineligible for award.

• Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ. Clearly state, explain, and justify any deviations, exceptions, or assumptions regarding any of the requirements of this RFQ.

• Include the names, titles, emails, and telephone numbers of persons authorized to negotiate on the contractor’s behalf with the Government in connection with this RFQ.

19PE5024Q0076 Page 9 of 54

SECTION 3 – QUALIFICATION OF OFFERORS AND EVALUATION CRITERIA

QUALIFICATIONS OF OFFERORS

At a minimum, each Offeror/Quoter must meet the following requirements:

• Have an established business presence with a permanent address in Peru and telephone listing and provide all licenses and permits to operate in Peru.

• Be able to demonstrate prior experience with suitable references, demonstrate past performance and experience by providing a list of major clients over the past three years with assistance to final user in the Spanish language.

• The Government will use past performance information primarily to assess an offeror’s capability to meet the solicitation performance requirements, including the relevance and successful performance of the offeror’s work experience. The Government may also use this data to evaluate the credibility of the offeror’s proposal. In addition, the Contracting Officer may use past performance information in making a determination of responsibility.

• Have the necessary personnel, equipment and financial resources available to provide the items solicited;

• Have all licenses and permits required by local law;

• Meet all local insurance requirements;

• Have no adverse criminal record; and

• Have no political or business affiliation which could be considered contrary to the interests of the United States.

EVALUATION CRITERIA

Award will be made to the lowest priced, acceptable, responsible quoter. The Government reserves the right to reject quotations that are unreasonably low or high in price.

The Government will determine acceptability by assessing the offeror’s compliance with the terms of the

RFQ.

The Government will determine responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1, including:

• Business representative in Lima Peru.

• Ability to comply with the required specs, taking into consideration all existing commercial and governmental business commitments.

• Adequate financial resources or the ability to obtain them.

• Satisfactory record of integrity and business commitments.

• Necessary organization, experience, and skills or the ability to obtain them.

• Necessary equipment and facilities of the ability to obtain them, and

• Be otherwise qualified and eligible to receive an award under applicable local laws and

• regulations.

• Offeror must submit complete and signed copy of SF1449, and supporting documentation in

English.

19PE5024Q0076 Page 10 of 54

SECTION 4 – INSTRUCTIONS TO OFFEROR AND FAR CLAUSES

52.212-1 Instructions to Offerors—Commercial Items.

As prescribed in 12.301(b)(1), insert the following provision:

Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The

NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation.

However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under

NAICS code 541519, if the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR)

52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

https://www.acquisition.gov/far/12.301#FAR_12_301

19PE5024Q0076 Page 11 of 54

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

19PE5024Q0076 Page 12 of 54

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR

Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense

Standardization Program Office by—

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

19PE5024Q0076 Page 13 of 54

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

19PE5024Q0076 Page 14 of 54

SECTION 4 - CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE

AGREEMENTS AWARDED BY OVERSEAS CONTRACTING ACTIVITIES

(Current thru FAC 2023-02, effective 03/2023)

COMMERCIAL ITEMS

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This purchase order or BPA 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: Acquisition.gov this address is subject to change.

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

FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES:

NUMBER TITLE DATE

52.204-7 SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.204-9 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY

CODE REPORTING

AUG 2020

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY

CODE MAINTENANCE

AUG 2020

52.204-25

PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT

NOV 2021

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

MAR 2023

52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

DEC 2022

52.223-17

AFFIRMATIVE PROCUREMENT OF EPA-

DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS

AUG 2018

52.225-19

CONTRACTOR PERSONNEL IN A DIPLOMATIC

OR CONSULAR MISSION OUTSIDE THE UNITED

STATES

MAY 2020

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE

DEC 2007

52.228-3 WORKERS’COMPENSATION INSURANCE JUL 2014

https://acquisition.gov/browse/index/far https://acquisition.gov/dosar

19PE5024Q0076 Page 15 of 54

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD

INSURANCE

APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO

SMALL BUSINESS SUBCONTRACTORS

MAR 2023

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS

MAR 2023

52.246-26 REPORTING NONCONFORMING ITEMS

NOV 2021

THE FOLLOWING CLAUSES ARE PROVIDED IN FULL TEXT:

CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT REQUIREMENTS (FEB 2023)

(a)Definitions. As used in this clause:

Covered article - The term "covered article" includes-

(1)"Information and Communications technology" which means-

(i)any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use of that equipment, or of that equipment to a significant extent in the performance of a service or the furnishing of a product.

(ii)computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; however, does not include any equipment acquired by a federal contractor incidental to a federal contract.

(2)"Telecommunications Equipment", which means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment

(including upgrades).

(3)"Telecommunications Service", which means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

(4)“Cybersecurity Supply Chain Risk”, which means the risk that a person may sabotage, maliciously introduce unwanted function, extract data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, maintenance, disposition, or retirement of covered articles to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the covered articles or information stored or transmitted on the covered articles.

(b)Contractor Cybersecurity Supply Chain Risk Management Responsibilities. The Contractor shall take all prudent actions and comply with all Government direction (as identified in paragraph (c)) to regularly

19PE5024Q0076 Page 16 of 54 identify, assess, monitor, and mitigate cybersecurity supply chain risks when providing covered articles or services affecting covered articles to the Government. The Contractor shall maintain artifacts that document its compliance with this paragraph and shall provide these artifacts to the Government within 48 hours of request.

(c) Supporting Government Cybersecurity Supply Chain Risk Assessments. The Government may perform a cybersecurity supply chain risk assessment at any time during contract administration to identity, assess, and monitor the cyber risks of the Contractor’s supply chain. The Contractor agrees that the Government may, at its own discretion, perform on-site assessments to collect information for the cybersecurity supply chain risk assessment. In performing the cybersecurity supply chain risk assessment, the Government may review any information provided by the Contractor, along with any other information available to the Government from public, unclassified, classified, or any other sources. Examples of information that the Government may collect for the cybersecurity supply chain risk assessment includes the following:

1. Functionality and features of covered articles, including access to data and information system privileges.

2. The user environment where a covered article is used or installed.

3. The ability of a source to produce and deliver covered articles as expected.

4. Foreign control of, or influence over, a source or covered article (e.g., foreign ownership, personal and professional ties between a source and any foreign entity or legal regime of any foreign country in which a source is headquartered or conducts operations).

5. Implications to Government mission(s) or assets, national security, homeland security, or critical functions associated with use of a source or covered article.

6. Vulnerability of Federal systems, programs, or facilities.

7. Market alternatives to the covered source.

8. Potential impact or harm caused by the possible loss, damage, or compromise of a product, material, or service to an organization’s operations or mission.

9. Likelihood of a potential impact or harm, or the exploitability of a system.

10. Security standards of the supplier as demonstrated by cooperation with assessments.

11. Security, authenticity, and integrity of covered articles and their supply and compilation chain.

12. Capacity to mitigate risks identified.

13. Factors that could lead to inability of the supplier to provide security updates.

14. Factors that may reflect upon the reliability of other supply chain risk information.

15. Any other considerations that would factor into an analysis of the security, integrity, resilience, quality, trustworthiness, or authenticity of covered articles or sources.

(d) Non-Destructive and Destructive Testing. The Government may engage in non-destructive and/or destructive testing of any information system, equipment, and software to determine whether it will negatively affect the security or performance of a Department of State information system.

(e) Novation Agreement Notice. FAR 42.1203 require Government approval of novation agreements. For proposed novation agreements for this contract, the Contractor shall provide any information requested by the Government regarding the proposed successor’s identity and information regarding its supply chain.

(f) Software Bill of Materials (SBOM) Requests. For software, within 10 business days of request by a

Department of State representative, the Contractor shall submit a SBOM to a designated representative. This request may be requested on one (1) or more occasions and shall be delivered at no increase in contract price.

19PE5024Q0076 Page 17 of 54

(g) SBOM Sharing Notice. The Contractor consents to the sharing of its SBOM data with other contractors, such as tool solution providers, for the sole purpose of mapping against known vulnerabilities.

(h) Notification procedures for cybersecurity supply chain events. When cybersecurity supply chain events occur, the Contractor must contact the Contracting Officer or his/her designee within 12 hours of the event.

(i) Subcontracts. The Contractor shall insert the substance of this clause in all subcontracts and other contractual instruments in support of this contract.

(j) Vulnerability Exploitability eXchange (VEX). The Contractor is required to notify the Department of any discovered software vulnerabilities within 12 hours. Within three (3) days, they shall provide a report using a VEX format.

(k) Attestation following Major Version Change. Critical Software, as defined by National Institute for

Science and Technology (NIST) Guidance, that is provided by the Contractor or subcontractors and is modified during the contract’s period of performance by a major version change (e.g., using a semantic versioning schema of Major.Minor.Patch, the software version number goes from 2.5 to 3.0) requires a new self-attestation. For indefinite delivery contract vehicles, this self-attestation must be provided for all critical software available for ordering on the contract vehicle when the software is modified during the contract vehicle’s ordering period of performance by a major version change. The Contractor shall either (i) post the new attestation in a publicly available internet location within 15 days of the major version change and provide the COR, or Contracting Officer if a COR is not appointed, with the internet link or

(ii) shall contact the COR, or Contracting Officer if a COR is not appointed, and request the agency’s current software self-attestation form and submit it to the Government within 15 days of the major version change. The self-attestation form will contain the following elements: (i) the software producer's name; (ii) a description of which product or products the statement refers to including the number of the major version change; and (iii) a statement attesting that the software producer follows secure development practices and tasks consistent with NIST Guidance.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (MAR 2023)

(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 and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23

19PE5024Q0076 Page 18 of 54

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78

( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (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).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

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

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

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