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FBO DAILY ISSUE OF SEPTEMBER 18, 2008 FBO #2488
SOLICITATION NOTICE

81 -- Conex Containers for Baghdad

Notice Date
9/16/2008
 
Notice Type
Modification/Amendment
 
Contracting Office
Department of State, FedBid.com -- for Department of State procurements only., FedBid.com, Sa-6, Rm L500, Washington, DC 20522
 
ZIP Code
20522
 
Solicitation Number
S-IZ100-8-R-0624
 
Response Due
9/16/2008
 
Archive Date
3/15/2009
 
Point of Contact
Name: Shapleigh Drisko, Title: Veteran's Business Advocate, Phone: 7038754240, Fax: 7038756825
 
E-Mail Address
driskosc@state.gov;
 
Small Business Set-Aside
N/A
 
Description
AMENDMENT NOTICE: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, in conjunction with FAR 13.5, as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; bids are being requested and a written solicitation will not be issued. The solicitation number is S-IZ100-8-R-0624 and is issued as an invitation for bids (IFB), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-26. The associated North American Industrial Classification System (NAICS) code for this procurement is 423840 with a small business size standard of 100 employees. This requirement is unrestricted and only qualified offerors may submit bids. The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2008-09-16 16:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com. FOB Destination shall be Multiple shipping information. The Department of State requires the following items, Meet or Exceed, to the following: LI 001, 40 Freezer/chiller container: **NEW** 40 foot freezer/chiller containers (Reefer), suitable for storage and transport of chilled, frozen and dry foods, minus 20 Degree Centigrate temperature application, 400 Volt 3 phase 50Hz operation, without generator, capable of operating at ambient temperatures between 25 and 55 degrees Centigrade. Container must be with a steel skid for loading by forklift or crane on a semi trailer. **Sellers must specify exact item being offered**, 10, EA; LI 002, 40' Dry Freight ISO Containers: **New or used** 40' Dry Freight ISO Containers. If used containers are offered, they must be in like new condition. **Sellers must specify exact item being offered**, 5, EA; LI 003, 40 Freezer/chiller container: **NEW** 40 foot freezer/chiller containers (Reefer), suitable for storage and transport of chilled, frozen and dry foods, minus 20 Degree Centigrate temperature application, 400 Volt 3 phase 50Hz operation, without generator, capable of operating at ambient temperatures between 25 and 55 degrees Centigrade. Container must be with a steel skid for loading by forklift or crane on a semi trailer. **Sellers must specify exact item being offered**, 5, EA; LI 004, 40' Dry Freight ISO Containers: **New or used** 40' Dry Freight ISO Containers. If used containers are offered, they must be in like new condition. **Sellers must specify exact item being offered**, 2, EA; For this solicitation, Department of State intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. Department of State is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids. All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com. Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process. Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com. Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. [A] The contractor shall deliver all ordered items to the U.S. Embassy Baghdad, New Embassy Compound. The address is: U.S. EmbassyNew Embassy CompoundAl-Khindi StreetInternational ZoneBaghdad, Iraq. [B] The contractor should deliver all items not later than 30 days after date of contract award. Sellers' bids should specify their best delivery time ARO The contractor shall deliver optional quantities not later than 30 days after date of modification exercising the option for the increased quantity. [C] Any contractor personnel involved with the delivery of the items shall comply with standard U.S. Embassy regulations for receiving supplies. The Contracting Officer's Representative (COR) will be responsible for instructing contractor personnel at the time deliveries are made. Prior notice of at least 7 working days will be required. [D] Delivery shall be made during regular business hours, Sunday through Thursday between 08:00 and 17:00, local time. The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the U.S Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder. The price listed shall include all labor, materials, overhead, profit, transportation and security arrangements necessary to deliver the required items to the U.S. Embassy Baghdad, Iraq. All prices are in U. S. Dollars. The Contractor shall comply with the FAR clauses in this paragraph that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). __ (ii) Alternate I (Aug 2007) of 52.222-50. (31) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). _ (37) 52.232-34, Payment by Electronic Funds TransferOther than Central Contractor Registration (May 1999) (31 U.S.C. 3332). 52.252-2CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more 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: http://acquisition.gov/far/index.html or, http://farsite.hill.af.mil/search.htm These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.state.gov to see the links to the FAR. You may also use an Internet search engine (e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR. The following Federal Acquisition Regulation clauses are incorporated by reference:ClauseTitle and Date 52.225-14Inconsistency Between English Version and Translation of Contract (FEB 2000) 52.228-5Insurance - Work on a Government Installation (JAN 1997) 52.204-6Data Universal Numbering System (DUNS) Number (APR 2008)52.214-34Submission of Offers in the English Language (APR 1991) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 120 days from date of contract award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (a) General. The Government shall pay the contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract. (b) Invoice Submission. The contractor shall submit invoices in an original and 1 copy to the office identified in Block 18b of the SF-1449. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e). (c)Contractor Remittance Address. The Government will make payment to the contractors address stated on the cover page of this contract. All work shall be performed during regular business hours, Sunday through Thursday between 08:00 and 17:00 except for the holidays identified below. Other hours may be approved by the Contracting Officer's Representative. Notice must be given 24 hours in advance to COR who will consider any deviation from the hours identified above. a) The Department of State observes the following days as holidays: New Year's DayMartin Luther King's BirthdayWashingtons BirthdayMemorial DayIndependence DayLabor DayColumbus DayVeterans DayThanksgiving DayChristmas Day (b)The U.S. Embassy Baghdad observes the following Iraqi holidays: Islamic New YearProphets BirthdayLabor DayRepublic DayEid Al FitrEid Al Ahda Any other day designated by Federal law, Executive Order or Presidential Proclamation. (b)When any such day falls on a Saturday or Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. (a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officers Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation. (b) The COR for this contract is the Facilities Manager. (a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act: (1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli business concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country; (2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person; (3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such U.S. person; (4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel; (5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and, (6) Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement against doing business with the State of Israel. (b) Under Section 8(a), the following types of activities are not forbidden ``compliance with the boycott,'' and are therefore exempted from Section 8(a)'s prohibitions listed in paragraphs (a)(1)-(6) above: (1) Complying or agreeing to comply with requirements: (i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or, (ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment; (2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipments as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation; (3) Complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurance, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country; (4) Complying or agreeing to comply with the export requirements of the boycotting country relating to shipments or transshipments of exports to Israel, to any business concern of or organized under the laws of Israel, or to any national or resident of Israel; (5) Compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and, (6) Compliance by a U.S. person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his or her activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his or her own use, including the performance of contractual services within that country, as may be defined by such regulations. (a) The contractor warrants the following: (1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed; (2) That is has obtained all necessary licenses and permits required to perform this contract; and, (3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract. (b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause. (a)The Department of State's Competition Advocate is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged to first contact the contracting officer for the respective solicitation. If concerns remain unresolved, contact the Department of State Competition Advocate on (703) 875-6000, by fax at (703) 875-6155, or write to: Department of State, Competition Advocate, Office of the Procurement Executive (A/OPE), 1000 Wilson Boulevard, Suite 900, SA-27, Washington, DC 20522. (b)The Department of State's Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the preaward and postaward phases of this acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, Theresa Leech, at BaghdadGSOProcurement@state.gov. For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1680, by fax at (703) 875-6155, or write to: Department of State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), 1000 Wilson Boulevard, Suite 900, SA-27, Washington, DC. Award will be made to the lowest priced, acceptable, responsible quoter. The Government reserves the right to reject proposals that are unreasonably low or high in price. The lowest price will be determined by multiplying the offered prices times the quantities requested, and arriving at a grand total, including all options, if any. The Government will determine quoter acceptability will be determined by assessing the quoter's compliance with the terms of the RFQ. The Government will determine quoter responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1, including: adequate financial resources or the ability to obtain them;ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;satisfactory record of integrity and business ethics;necessary organization, experience, and skills or the ability to obtain them;necessary equipment and facilities or the ability to obtain them; andbe otherwise qualified and eligible to receive an award under applicable laws and regulations. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). Bidders are required to read, certify, and complete, as appropriate, the attachment on www.fedbid.com entitled "52.212-3 Offeror Representations and Certifications". (a)Definitions. As used in this provision: Foreign person means any person other than a United States person as defined below. United States person means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as provided under the Export Administration Act of 1979, as amended. (b)Certification. By submitting this offer, the offeror certifies that it is not: (1)Taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab League countries, which Section 8(a) of the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)) prohibits a United States person from taking; or, (2)Discriminating in the award of subcontracts on the basis of religion.
 
Web Link
FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=80a27b9a4d4c4ba8f338b6f776fa1f65&tab=core&_cview=1)
 
Place of Performance
Address: Multiple shipping information.<br />
Zip Code: Multiple<br />
 
Record
SN01672090-W 20080918/080916221752-c7ad164476debecec57ad691b8002891 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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