V--Stevedoring and Related Terminal Services

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This is a request for quote (RFQ) and is unrestricted. The solicitation/RFQ document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-50, March 16, 2011. The Government intends to award this purchase order on a Lowest Priced Technically Acceptable (LPTA) basis pursuant to the award criteria identified in FAR 52.212-2, which includes technical capability and price. Since it is the Government's intent to award without discussions per FAR 52.212-1(g), offerors are cautioned to examine this solicitation/RFQ to ensure that their quotation contains all required information, provides all required documentation, and is complete in all aspects. FAR 52.212-1, Instructions to Offerors and FAR 52.212-2 Evaluation- Commercial Items shall be attached as Exhibit 3 to this combined synopsis/solicitation. This RFQ is for the procurement of supplemental stevedoring and related terminal services in the Port of Agadir, Morocco in accordance with the services identified in the Performance Work Statement (PWS) for the period of performance o/a 10 May 2011 - 10 June 2011. The (PWS), Exhibit 2 and Pricing Schedule, Exhibit 1, are attached as separate files to this combined synopsis/solicitation. Contract Line Item Numbers (CLIN) - Completion or Pricing of CLINs shall be on the attachment Exhibit 1. Priced 0001 - Supplemental Stevedoring Services necessary for discharge/loading of approximately 300 pieces of mixed military cargo in the Port of Agadir, Morocco. Priced 7500 - Contractor Manpower Reporting - Contractor Manpower Reporting requirement in accordance with the Performance Work Statement. CLAUSES APPLICABLE TO THIS PROCUREMENT FAR 52.252-1- Solicitation Provisions Incorporated by Reference FAR 52.252-2 - Clauses Incorporated by Reference Full text of all clauses can be accessed electronically at the following websites: http://www.acquisition.gov/far http://farsite.hill.af.mil FAR 52.212-4 - Contract Terms and Conditions - Commercial Items ADDENDUM TO FAR 52.212-4 This marks the beginning of the Addendum to FAR 52.212-4 The following wording is incorporated into the contract via this Addendum to FAR 52.212-4; PARA G/I INVOICE/PAYMENT The following paragraph supplements the invoicing procedures of subparagraph (g) and payment procedures of subparagraph (i) of FAR 52.212-4, and are added as part of this contract: PAYMENT AND INVOICING PROCEDURES a. The Contractor shall submit invoices not later than sixty (30) days after completion of a vessel operation. Invoices shall be prepared as 1 original and 4 copies and numbered consecutively as "1st Partial" for the initial invoice, "2nd Partial" for the second invoice, etc. and "3rd Final" (if third invoice is the last invoice of a vessel operation). Each invoice shall be in English and shall identify the contract number (including task order number), vessel name, voyage number, status code and partial invoice number per vessel. Designation of an invoice as final shall not preclude further submission of invoices due to retroactive wage increases or adjustments. The US Government will not pay for services unless specifically enumerated in this agreement and provided for in the Schedule of Rates in this contract. Third party invoices shall have an English translation. b. Invoices shall be first submitted to the COR (Contracting Officer's Representative) for certification of acceptance for services rendered. Upon receipt, the COR shall examine the invoice for correctness. The COR will return defective invoices to the Contractor. If there is any defect in the invoice or problem in the services rendered which cannot be resolved with the Contractor, the COR will forward the invoice with an explanation of the problem for the Contracting Officer's action and decision. c. After certification, the COR will forward the invoice to the Finance Office for payment (address in Block 15 of SF1449, page 1) and provide the Contract Administration Office (address in Block 16 of SF 1449, page 1) a copy thereof. PARA (K) - TAXES The terms and conditions under this paragraph are deleted and replaced by the following: FAR 52.229-6 - Taxes - Foreign Fixed Price Contracts DFARS 252.229-7000 - Invoices Exclusive of Taxes or Duties DFARS 252.229-7001 - Tax Relief (requires offeror to complete, text will be attached as Exhibit 4. PARA (P) - LIABILITY INSURANCE The terms and conditions under this paragraph are amended to include the following: FAR 52.228-3 - Workers' Compensation Insurance (Defense Base Act) FAR 52.228-4 - Workers' Compensation Insurance and War Hazard Insurance Overseas DFARS 252.247-7007 - Liability and Insurance PARA (V) - ADDITIONAL CLAUSES The following paragraph (V) hereby supplements FAR 52.212-4 by adding the following additional clauses to the contract: FAR 52.233-3 Protest After Award FAR 52.242-15 Stop Work Order FAR 52.242-17 Government Delay of Work FAR 52.245-1 Government Property FAR 52.246-14 Inspection of Transportation FAR 52.247-7 Freight Excluded FAR 52.247-8 Estimated Weights or Quantities Not Guaranteed FAR 52.247-12 Supervision, Labor or Materials DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country DFARS 252.222-7002 Compliance With Local Labor Laws (Overseas) DFARS 252.223-7002 Safety Precautions for Ammunition and Explosives DFARS 252.225-7041 Correspondence in English DFARS 252.225-7042 Authorization to Perform DFARS 252.232-7008 Assignment of Claims (Overseas) DFARS 252.233-7001 Choice of Law (Overseas) DFARS 252.247-7000 Hardship Conditions DFARS 252.247-7006 Removal of Contractor's Employees DFARS 252.247-7014 Demurrage CCE 204-4000 US and Host Nation Holidays US Holidays Work Shall be performed on U.S. holidays occurring during the normal workweek. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively. Host Nation Holidays Work Shall be performed on local Host Nation* holidays occurring during the normal workweek. * Local host nation holidays occur in the region/state where contract performance takes place. The U.S. holidays are: New Year's Day January 1st M L King Memorial Day 3d Monday in January Presidents' Day 3d Monday in February Memorial Day last Monday in May Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2d Monday in October Veterans' Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th Moroccan Holidays Muslim New Year - Faith Muharram Muharram 1 Birth of the prophet Mohammad - Eid Al Mawled Rabi' al-awwal 12 Eid ul-Fitr - Eid Sghir Shawwaaiil 1 Eid ul-adha - Eid Kbir Dhu al-Hijjah 10 New Year's Day - Ras l'am January 1 Proclamation of Independence - Takdim watikat al-istiqlal January 11 Labor Day - Yaum Al-Amal May 1 Enthronement - Eid Al-Arch July 30 Oued Ed-Dahab Day - Zidra Oued Ed-Dahab August 14 Revolution of the King and People-Thawrat al malik w shaab August 20 Birthday of King Mohammed VI - Eid Al Milad August 21 Green March - Eid Al Massira Al Khadra November 6 Independence Day - Eid Al Istiqulal November 18 CCE 232-4001 Foreign Vendors Requesting Payment via Electronic Funds Transfer Foreign vendors requesting payment via Electronic Funds Transfer (EFT) shall provide the following information on their invoice at time of invoice submission. Only one EFT instruction per invoice is authorized. SWIFT CODE BLZ or BANK ROUTING NUMBER ACCOUNT NUMBER BANK NAME International Bank Account Number (IBAN) (If Applicable) --- END OF ADDENDUM TO FAR 52.212-4 FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items The following clauses are incorporated by reference within FAR 52.212-5: FAR 52.203-6- Restrictions on Subcontractor Sales to the Government with ALT 1 FAR 52.225-3- Buy American Act-Free Trade Agreements-Israeli Trade Act DFARS 252.212-7001 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items The following clauses are incorporated by reference within DFARS 252.212-7001: FAR 52.203-3- Gratuities DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer FAR 52.233-2- Service of Protest (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Contracting Officer, 409th SCS/CCEC-EUC-SSS, Attn: Port Services Team, Mannheimerstrasse, Kleber Kaserne, GEB 3233, 67657 Kaiserslautern, Germany. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. CCE 233-4000- Independent Protest Review Official Interested parties may file agency protests, in compliance with FAR 33.103(d), directly with the contracting officer or may request an independent review at a level above the contracting officer by the Independent Protest Review Official, U.S. Army Europe. Independent review is available as an alternative to consideration by the contracting officer of a protest or is available as an appeal of the contracting officer's decision on the protest. Interested parties seeking review by the Independent Protest Review Official, should so state in the agency protest or appeal, and should file the protest/appeal with the contracting officer. In order to be considered, an appeal to the Independent Protest Review Official must be received by the contracting officer within 10 calendar days of the date on which the protester received the contracting officer's decision on the protest. CCE 233-4002- AMC Level Protest Program If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the contracting officer) to: HQ Army Materiel Command Office of Command Counsel 9301 Chapek Rd, Room 2-1SE3401 Ft. Belvoir, VA 22060-5527. Facsimile number +1 (555) 000-0000 or 8875 Packages sent to FedEx or UPS should be addressed to: HQ Army Materiel Command Office of Command Counsel Room 2-1SE3401 1412 Jackson Loop Ft. Belvoir, VA 22060-5527 The AMC-level protest procedures are found at: http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp FAR 52.212-1- Instructions to Offerors - Commercial Items Addendum to FAR 52.212-1 with detailed instructions is attached as Exhibit 3. FAR 52.212-2- Evaluation- Commercial Items Detailed evaluation criteria is attached as Exhibit 3. FAR 52.215-20 ALT IV- Requirements for Certified Cost and Pricing Data or Information Other than Certified Cost and Pricing Data FAR 52.212-3- Offeror Representations and Certifications - Commercial Items DFARS 252.212-7000- Offeror Representations and Certifications - Commercial Items Full text of these clauses are attached as Exhibit 4. Offeror is required to complete applicable items in accordance with the instructions and return as part of their quote.