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IRAQ Re-Constructions Tenders & Projects

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CONTRACT AND GRANT PROCEDURES

APPLICABLE TO VESTED AND SEIZED IRAQI PROPERTY AND

DEVELOPMENT FUND FOR IRAQ

 

Standard Terms and Conditions for Solicitations and Contracts in Excess of $5,000

APPENDIX B

Solicitation Terms and Conditions

 

1.         Submission of Offers.  The contractor will submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in the solicitation.  Offers may be submitted on letterhead stationery or as otherwise specified in the solicitation.  At a minimum, offers must show:

a.         The solicitation number.

b.         The time specified in the solicitation for receipt of offers.

c.         The name, address, and telephone number of the offeror.

d.         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.

e.         Terms of any express warranty.

f.          Price and any discount terms.

g.         Payment address (if different from mailing address)

h.         Acknowledgment of solicitation amendments (if any)

i.          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)

j.          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.

 

2.         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.

 

3.         Product Samples.  The offeror will provide brochures with pictures and technical specifications for each type of vehicle.

 

4.         Multiple Offers.  Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or items for satisfying the requirements of this solicitation.  Each offer submitted will be evaluated separately.

 

5.         Late Submissions, Modifications, Revisions, and Withdrawals of Offers. 

 

a.         Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Contracting Officer designated in the solicitation by the time specified in the solicitation.  If no time is specified in the solicitation, the time for receipt is 1630 hours, local time, for the designated contracting office on the date that offers or revisions are due.

b.         Any offer, modification, revision, or withdrawal of an offer received at the contracting 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

1)         if it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the contracting office not later than 1700 hours one working day prior to the date specified for receipt of offers, or

2)         there is acceptable evidence to establish it was received at the location designated for the receipt of offers and was under government control prior to the time set for receipt of offers, or

3)         if the solicitation was a request for proposals, it was the only proposal received.

c.         However, a late modification of an otherwise successful offer that makes the offer’s terms more favorable to the contracting organization issuing the solicitation will be considered at any time it is received and may be accepted.

d.         Acceptable evidence to establish the time of receipt at the contracting office 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 contracting office personnel.

e.         If an emergency or unanticipated event interrupts normal processes so that offers cannot be received at the contracting office designated for receipt of offers by the exact time specified in the solicitation, and urgent requirements preclude amendment of the solicitation or other notice of the 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 processes resume.

f.          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.

 

6.         Contract Award.  The Contracting Officer 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 Contracting Officer reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.  The Contracting Officer may reject any or all offers if such action is in the public interest; accept other than the lowest-priced offer; and waive informalities and minor irregularities in offers received.

 

7.         Multiple Awards.  The Contracting Officer 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 Contracting Officer 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.

 

8.         Evaluation.  The Contracting Officer will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the contracting activity, price and other factors considered.  The offeror will provide brochures with pictures and technical specifications for each type of  support vehicle.

 

The award will be made to the offer(s) representing the best value to the Government.  For the purpose of this solicitation, price, technical, past performance and delivery are the factors that will be evaluated by the Government.  The factors in descending order of importance are:

 

DELIVERY:  On Page three of the solicitation, in addition to price, give the best delivery date for each line item.  If the entire line-item quantity cannot be delivered on the same date, please break down quantity incrementally with the best delivery date and price.

 

PAST PERFORMANCE: Submit three (3) relevant and recent references complete with working phone numbers and email addresses, points of contact, contract description, contract value, period of performance and state any problems, if any, and how they were resolved. 

 

If past performance information cannot be verified, past performance will receive a neutral rating.

 

PRICE:  Complete Page three.

 

TECHNICAL:  The offeror will provide brochures with pictures and technical specifications for each type of support vehicle. Offeror will include list of all spares/maintenance items provided for each vehicle.

 

9.  Not Used.

 

10.       Notice of Award.  A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance of the offer, shall result in a binding contract without further action by either party.  Before the offer’s scheduled expiration time, the Contracting Officer may accept an offer (or part of an offer) whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

 

11.       Protests.  A contractor wishing to object to the terms of a solicitation, the termination of a solicitation, the award of a contract, or the termination of the award of a contract, shall present the matter to the Contracting Officer for an initial decision.  The contractor shall state to the Contracting Officer the basis for the protest.  If the contractor does not agree with the Contracting Officer’s initial decision, the Contractor may appeal the initial decision to the Head of Contracting Activity, CPA, for resolution.  The decision of the Head of Contracting Activity, CPA, shall be the final decision in the matter.

 

12.       Evaluation of Foreign Currency Offers.  If the Contracting Officer receives offers in more than one currency, the Contracting Officer will evaluate offers by converting the foreign currency to United States currency using ________________ rate in effect on the date specified for receipt of offers, if award is based on initial offers, or, if award is based on revised offers, on the date specified for receipt of proposal revisions.

 

Contract Terms and Conditions

 

13.       Inspection/Acceptance.  The Contractor shall only tender for acceptance those items that conform to the requirements of this contract.  The Contracting Officer reserves the right to inspect or test any supplies or services that have been tendered for acceptance.  The Contracting Officer may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.  The Contracting Officer must exercise the post-acceptance rights:

            a.         Within a reasonable time after the defect was discovered or should have been discovered, and

            b.         Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

 

14.       Assignment.  The Contractor shall not assign, transfer, or make any other disposition of this Contract, or any part thereof, without the prior written consent of the Contracting Officer.

 

15.       Changes.  Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

 

16.       Disputes.  This contract is not subject to the Contract Disputes Act of 1978, as amended (41 U.S. Code, Sections 601-613).  Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the United States Federal Acquisition Regulation Clause 52.233-1, Disputes, which is incorporated herein by reference except that appeals from final decisions of a Contracting Officer may only be appealed to the U.S. Armed Services Board of Contract Appeals (ASBCA).  The decision of the ASBCA shall be final. The contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

 

17.       Excusable Delays.  The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Governmental activity in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.  The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

 

18.       Invoice.   The Contractor shall submit an original invoice and three copies (or electronic invoice if authorized) to the address designated in the contract to receive invoices.  The invoice must include:

            a.         Name and address of the Contractor.

            b.         Invoice date and number.

            c.         Contract number, contract line item number, and, if applicable, the order number.

            d.         Description, quantity, unit of measure, unit price, and extended price of the items delivered.

            e.         Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on a bill of lading.

            f.          Terms of any discount for prompt payment offered.

            g.         Name, title, and phone number of person to notify in event of defective notice.

 

19.       Patent Indemnity.  The Contractor shall indemnify the Government agency involved in this contract and its officers, employees, and agents against liability, including costs, for actual or alleged direct or indirect contributory infringement of, or inducement to infringe, any patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

 

20.       Payment.  Payment shall be made for items accepted by the Contracting Officer that have been delivered to the delivery destinations set forth in this contract.  In connection with any discount offered for early payment, time shall be computed from the date of the invoice.  For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronics fund transfer payment is made.

 

21.       Risk of Loss.  Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pay to the Contracting Officer upon:

            a.         Delivery of the supplies to a carrier, if transportation is f.o.b. origin.

            b.         Delivery of the supplies to the Contracting Officer or a representative at a destination specified in the contract, if transportation is f.o.b. destination.

 

22.       Taxes.   The contract price includes all applicable taxes and duties.

 

23.       Termination for Convenience.  The Contracting Officer reserves the right to terminate this contract, or any part hereof, for the sole convenience of the Government activity.  In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.  Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Contracting Officer using its standard record keeping system, have resulted from the termination.  The Contracting Officer, upon reasonable advanced notice, may inspect the financial records relating to this Contract including the amounts paid to subcontractors and the locations where any portion of the Contractor’s performance occurs.  The Contracting Officer may review the Contractor’s financial statements upon request.

 

24.       Termination for Cause.  The Contracting Officer may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Contracting Officer, upon request, with adequate assurances of future performance.  In the event of termination for cause, the Government agency shall not be liable to the Contractor for any amount of supplies or services not accepted, and the Contractor shall be liable for any and all rights and remedies provided by law.  If it is determined that the Contracting Officer improperly terminated this contract for cause, such termination shall be deemed a termination for convenience.

 

25.       Title.  Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government agency upon acceptance, regardless of when or where the Government agency takes physical possession.

 

26.       Warranty.  The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

 

27.       Immunities.    Except as provided in this contract, the Government of Iraq or its agents, including the CPA or other governmental agencies, have not waived any of their privileges or immunities.

 

28.       Legal Status.  The Contractor is an independent contractor.  The Contractor’s employees will not be considered government employees for any purpose.  The Contractor is solely responsible for compensation agreements with employees.

 

29.       Contractor’s Responsibility for Employees.  The Contractor is responsible for the professional and technical competence of its employees and will select reliable individuals who will perform effectively in the implementation of this Contract, respect the local customs, and conform to a high standard of moral and ethical conduct. The Contracting Officer may require that the Contractor remove from the job employees who endanger persons or property, or whose continued employment under this contract is inconsistent with the interest of military security.

 

30.       Subcontracting.  Except as authorized in this contract, the Contractor may not subcontract any portion of the performance of this Contract to another without the prior written consent of the Contracting Officer.  The terms of any subcontract will be subject to and conform with the provisions of this Contract.

 

31.       Indemnification.  The Contractor shall defend, indemnify, and hold harmless all government entities involved in this contract, together with the entities’ officers, agents, and employees from and against all suits, claims, or liabilities of any kind arising out of acts or omissions of the Contractor, its employees, or the Contractor’s subcontractors.

 

32.       Insurance.  The Contractor represents and warrants that it shall maintain appropriate insurance including general commercial liability and workers compensation coverage in an adequate amount to cover third parties claims arising from or in connection with this Contract. Upon request, the Contractor will provide satisfactory evidence of the insurance required under this article.

 

33.       Use of Names and Symbols.  Except as required by this Contract, the Contractor will not advertise or otherwise makes public the fact that it is a contractor to the governmental entity in this Contract, nor will the Contractor use the name or emblem of the governmental entity for commercial purposes.

 

34.       Limitation of Liability.  Except as otherwise provided by an express warranty, the Contractor will not be liable to the governmental entity for consequential damages resulting from any defect or deficiencies in accepted items.

 

35,       Inconsistency between English Version and Translation of Contract.  In the event of inconsistency between any terms of this contract and any transaction into another language, the English language meaning shall control.

 

36.       Correspondence in English.  The Contractor shall ensure that all contract correspondence that is addressed to the governmental entity awarding this contract is submitted in English or with an English translation.

 

37.       Conflicts of Interest.  The Contractor warrants that no governmental official has received or will be offered by the Contractor any direct or indirect benefit in connection with or arising from the award of this contract.  The Contractor agrees that any breach of this provision is a breach of an essential term of this Contract. 

 

38.       Order of Precedence (except for Construction Contracts).  Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

            a.         The schedule of supplies/services.

            b.         The Assignments, Disputes, Payments, Invoice, Other Compliances clauses of this contract.

            c.         Addenda to this solicitation or contract, including any license agreements for computer software.

            d.         Solicitation provisions (if this is a solicitation)

            e.         The other standard clauses in this contract.

            f.          Other documents, exhibits, and attachments.

            g.         The specification (the narrative description of the work)

 

39.       Other Compliances.  The Contractor shall comply with all applicable laws, rules, and regulations applicable to its performance under this contract.

 

40.       Source of Funds.  The obligation under this contract is made with Iraqi Funds, as defined in CPA Memorandum Number 4, dated 19 August 2003.  No funds, appropriated or other, of any Coalition country are or will be obligated under this contract.  

 

41.       Option to Extend the Term of the Contract.   

a.         The governmental entity awarding this contract may extend the term of this contract by written notice to the Contractor within 30 days prior to the end of the term of the contract, or the end of any option period previously exercised under the contract; provided that the Government entity gives the Contractor a preliminary written notice of its intent to extend at least 45 before the contract period (including option periods exercised) expires.  The preliminary notice does not commit the governmental entity to an extension.  If the Government exercises this option, the extended contract shall be considered to include this clause. 

b.         At the end of the contract period, or at the end of the final option period under this contract, whichever is later, if the governmental entity requires continued performance of services within the limits and at the rates specified in the contract, the governmental entity may extend the period of performance under this contract for an additional period not to exceed six months, by giving written notice to the Contractor at least 30 days before the end of the contract period or the end of the final option period exercised, whichever is later.  

 

42.       Liquidated Damages.  

a.         If the Contractor fails to perform within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the governmental entity liquidated damages of $300 per calendar day of delay.

b.         If the governmental entity terminates this contract in whole or in part under the Termination for Cause clause, the Contractor is liable for liquidated damages accruing until the governmental entity reasonably obtains similar delivery or performance.  These liquidated damages are in addition to excess costs of repurchase under the Termination for Cause clause.

c.         The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Excusable Delay clause.

 

43.       Special Instructions

 

Offerors must submit proposals for all groupings in the Statement of Work. No individual groups or individual line items within a grouping may be bid on separately. The offeror is responsible for subcontracting as necessary in order to fulfill the requirements of the Solicitation to include required delivery dates.

 

44.       Funding

This procurement is subject to the availability of funds

ITEM	SUPPLIES/SERVICES	EST QTY	UNIT	UNIT PRICE	EST AMOUNT
0001	Ambulance	243
0001AA	Ambulance - ICDC	230	EA	$	$
0001AB	Ambulance - Army	13	EA	$	$
0002	Wrecker (Tow Truck) - ICDC	46	EA	$	$
0003	Water Trucks	46	EA	$	$
0004	Water Trailer	212
0004AA	Water Trailer – ICDC	190	EA	$	$
0004AB	Water Trailer - Army	22	EA	$	$
0005	Refueler - ICDC	46	EA	$	$
0006	Vehicles Spares Packages
0006AA	Ambulance – Petrol (Gasoline)	230	EA	$	$
0006AB	Ambulance – Diesel	13	EA	$	$
0006AC	Wrecker (Tow Truck)	46	EA	$	$
0006AD	Water Trucks	68	EA	$	$
0006AE	Water Trailer	190	EA	$	$
0006AF	Refueler	46	EA	$	$

 

TOTAL                               $

Statement of Work

 

1.0 Scope of Work:  Offeror to provide Vehicles and associated requirements.  All vehicles within this Statement of Work with the exception of 5.2 and 5.4 must be within the same family of vehicles.  Specifically medium wheeled vehicles are of the same chassis, engine, etc., and heavy wheeled vehicles are of the same chassis, engines, etc., to allow flexibility in application and maintenance. Vehicles are based on the UAZ family of vehicles with a Petrol A-76 (gasoline) burning engine.

 

2.0 Technical Manuals:  Technical/Operators and maintenance manuals must be supplied with the vehicles and be provided in both Arabic and English.  Manuals must be provided in hardcopy (paper) and on CD/ROM in a self executing program.

 

3.0 Maintenance/Spares Package: Offeror to provide maintenance package consisting of one year’s supply of preventative maintenance spares for each vehicle.  This package should include documentation for recommended periodic/scheduled inspections and maintenance and the associated repair parts.  It should also include appropriate high-use spares for vehicles deployed in a desert environment.  It does not include major/depot level repair items. Offerors are to submit list of the maintenance/spare package contents with proposal.

 

4.0 Delivery.  Delivery for all vehicles, manuals and spares is to the Military Training Base in Tadji, Iraq.  Delivery schedule to be specified by offeror,  Delivery must be complete within 180 days, offers are encouraged to submit fastest delivery dates possible.

 

5.0 Vehicles:

 

5.1 Ambulance Vehicle IDIC:  This is the ambulance vehicle for the medical section. This vehicle must be a standard ambulance variant of the UAZ-31512 or equal.

 

Salient features are:

·        Capable of carrying four stretchers or at least six sitting passengers.

·        Will contain basic first aid hardware such as four stretchers, 2 backboards, IV hooks, and EMT first aid packs.

·        Must have red crescent on sides, front, rear, and top

·        Must be petrol fueled engine powered.

 

5.2 Ambulance Vehicle Army:  Same characteristics as 5.1 except vehicle base color shall be desert tan vice green.

·          It may be diesel or gasoline (petrol).

 

5.3 Water Trailer:  This is to be a towed trailer that will carry potable water.

 

Salient features are:

·        Capable of off-road movement in a desert environment (weather and terrain conditions found in the nation of Iraq).  It is intended that this be the most durable commercially available/non-developmental off- road trailer from the offeror.

·        Trailer stand

·        Capable of carrying 2,000 liters of potable water in a plastic or non-corrosive metal bladder.

·        It will be compatible with and be capable of being towed by GAZ 3308.  This includes wiring connections for taillights and turn signals as well as towing connections.

·        It should be filled from the top.

·        It must have a drain for purging/cleaning.

·        It should have at least two easily accessible spigots on each side for filling of canteens, Camel Backs, 20 liter jugs, or other water containers. 

·        Spigots should be male threaded to receive a garden hose. 

·        It shall be Green in color. 

 

5.4 Water Trailer - Army:  Same characteristics as 5.3 except that the color shall be desert tan and it must able to be towed by a Hundai, HD120 EL WB model 2004.

 

5.5 Refueling Vehicle/Tanker :  This is the refueling vehicle/tanker for the motorized rolling stock of the battalion.

 

Salient features are:

·        Capable of off-road movement in a desert environment (weather and   terrain conditions found in the nation of Iraq.)

·        Fuel pump

·        Capable of carrying a removable refueling pod not less than 4,000 liters (total weight of the pod and the fuel not to exceed 3200 kilos) –

·        The vehicle must be able to carry a driver/co-driver (who also act as the refueling crew and their equipment (320 kilos).

·        The refueling pod will be unpressurized and have one fast flow rate refueling line.  Must be gravity fed.

·        Grounding line for refueling operations

·        5 LB ABC Type  Fire extinguisher with mounting bracket for vehicle

·        20 LB ABC Type Fire Extinguisher with mounting bracket for fuel cargo protection

·        Maximum performance of pumping unit is 400 liter/minute

·        Must be able to refill fuel trailer through pump in 15 minutes

·        Total discharge of trailer by gravity – no longer than 25 minutes

·        Must have a fuel distribution counter/meter

·        Must be petrol fuel engine powered

·        It shall be Green in color. 

 

5.6 Recovery Vehicle:  This is the recovery vehicle for the motorized rolling stock of the battalion.

 

Salient features are:

·        Capable of towing any fully loaded vehicle/trailer identified in this Statement of Work

·        Mounted vise

·        Heavy rated winch

·        Floor jack, sand jack, air jack,  and airbag jack

·        5 LB ABC Type  Fire extinguisher with mounting bracket

·        10 LB ABC Type Fire Extinguisher for cargo  protection

·        Blocks and tackle

·        Contain appropriate extensions to safely support the vehicle and lifted cargo during lift operations.

·        Each vehicle will contain a comprehensive mechanics tool box.  This tool set must have both metric and standard tools.  It should be equivalent or better than the Sears Craftsman 546 piece tool set #: 00933446000 and include a carrying case(s).

·        All towing/lift accessories to be included.

·        Capable of carrying cargo and supplies around the flatbed rear of the vehicle (flatbed space not occupied by crane/boom equipment be available for carrying of cargo).

·        Must be petrol fuel engine powered

·        It shall be Green in color. 

 

5.7 Water Vehicle/Tanker:  This is the water-filling vehicle for the water trailers of the battalion.

 

Salient features are:

·        Capacity of water trailer must be at least 3900 liters

·        Fully loaded mass cannot exceed 7850 kilos

·        Trailer must be thermo insulated

·        Must be petrol fuel engine powered

·        Crew cab must be able to seat drive and passenger

·        It shall be Green in color.