Draft Tender Trn-12-015
Tender 13.025/USAID RFP# TRN-13-029; A-28 & A-29 Bars
BKA Logistics LLC, as subcontractors for Pacific Cargoes, Inc., and on behalf of the United States Agency for International Development (USAID) and the Office of Food for Peace (USAID/FFP) request proposal for carriage, transport and logistics services for the following items of emergency food humanitarian relief commodities. The authorized USAID geographic code for goods and services under this contract is Code 937. See Title 22 Code of Federal Regulations Part 228 for the identification of principal geographic code numbers and foreign policy restricted countries. USAID has a PREFERENCE for U.S. flag vessel conveyance. A firm fixed-price contract will be issued for this transport and logistics service. Small and large businesses may submit proposals. This solicitation and contract award is set aside for small businesses under NAICS code 483111. If no responsible / responsive small business proposals are received, the contract award may be made to a large business.
USAID RFP Number TRN-13-029 dated April 03, 2013.
Door-to-container yard intermodal ocean freight transport services.
U.S. and non-U.S. flag vessel bids are requested for the carriage of this PL-480 Title II cargoes.
Non-vessel operating common carriers (NVOCC) will not be considered.
Containerization required. 20’ and/or 40’ container service acceptable. Carriers are requested to provide rates for both 20’ and 40’ containers. Shippers option to book 20’ a/o 40’ containers based on best value to the US Gov’t.
Offers will be evaluated to determine the best value to the U.S. government. The best value will be based on price and service.
RFP REQUIREMENT: In addition to an all-inclusive price, your offer must include:
1. ETA at the point of origin and destination point.
2. The name of the actual Conveyance/Vessel owner and operator.
3. The type of conveyance/vessel and the country flag and number of the nominated vessel.
4. The route by which the cargo will be transported and whether or not the cargo will be transshipped.
5. Agent at origin and destination - company name, address, point of contact, phone and fax numbers.
6. A certification that you and your agents and subcontractors will maintain, for the duration of this contract, required and necessary levels of liability, worker compensation and war risk insurance to meet your responsibilities under FAR clause 52.247-21.
7. A statement that, “The offeror completed their System for Award Management (S.A.M.) registration and the annual representations and certifications electronically via the S.A.M. website at https://www.sam.gov. After reviewing the S.A.M. database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______.”
8. Offeror's Name, Address, Office Phone Number, Cell or Mobile Phone Number,
Email Address.
9. The number of 20’ a/o 40’ containers expected to be utilized by the carrier.
Offers which omit any of the above information (Items 1 through 9) or certifications may be considered non responsive.
If the transportation provider spots the container(s) without coordination with the commodity supplier or warehouse at origin or destination the U.S. government will not pay any demurrage.
CARGOES:
Ref: A28-CA/MALI-01
Cargo: 15 nmt (abt 21 pallets)
Commodity: Emergency Food Product, A-28 Bars, in cases and on pallets
Loadport/point:Ontario, CA – B/N Terms 1(B)
Disport/point:Dakar, Senegal (See Delivery Terms below)
Avail:Prompt
Ref: A28-CA/SYRIA-02
Cargo: 35 nmt (abt 49 pallets)
Commodity: Emergency Food Product, A-28 Bars, in cases and on pallets
Loadport/point:Ontario, CA – B/N Terms 1(B)
Disport/point:Aqaba, Jordan (See Delivery Terms below)
Avail:Prompt
Ref: A28-CA/MALI-03
Cargo: 14 nmt (abt 19 pallets)
Commodity: Emergency Food Product, A-28 Bars, in cases and on pallets
Loadport/point:Ontario, CA – B/N Terms 1(B)
Disport/point:Dakar, Senegal (See Delivery Terms below)
Avail:Prompt
Ref: A28-FL/MALI-04
Cargo: 16 nmt (abt 22 pallets)
Commodity: Emergency Food Product, A-28 Bars, in cases and on pallets
Loadport/point:Miami, FL – B/N Terms 1(B)
Disport/point:Dakar, Senegal (See Delivery Terms below)
Avail:Prompt
Ref: A29-CA/MALI-05
Cargo: 15 nmt (abt 21 pallets)
Commodity: Emergency Food Product, A-29 Bars, in cases and on pallets
Loadport/point:Ontario, CA – B/N Terms 1(B)
Disport/point:Dakar, Senegal (See Delivery Terms below)
Avail:approx May 1, 2013
Ref: A29-CA/SYRIA-06
Cargo: 35 nmt (abt 49 pallets)
Commodity: Emergency Food Product, A-29 Bars, in cases and on pallets
Loadport/point:Ontario, CA – B/N Terms 1(B)
Disport/point:Aqaba, Jordan (See Delivery Terms below)
Avail:Approx May 1, 2013
Ref: A29-FL/MALI-07
Cargo: 30 nmt (abt 41 pallets)
Commodity: Emergency Food Product, A-29 Bars, in cases and on pallets
Loadport/point:Miami, FL – B/N Terms 1(B)
Disport/point:Dakar, Senegal (See Delivery Terms below)
Avail:Prompt
Ref: A29-CA/DUBAI-08
Cargo: 15 nmt (abt 21 pallets)
Commodity: Emergency Food Product, A-29 Bars, in cases and on pallets
Loadport/point:Ontario, CA – B/N Terms 1(B)
Disport/point:Dubai, UAE (See Delivery Terms below)
Avail:Approx May 1, 2013
Value for Customs:USD 88,999.74
COMMODITY DIMS & WEIGHTS:
Description:Emergency Food Product, A-28 Bars, in cases and on pallets
Weight: 1,970 lbs. gross per pallet (60 cases per pallet)
Skid Dimensions: 48" X 40" X 46" = L x W x H (inches)
Description:Emergency Food Product, A-29 Bars, in cases and on pallets
Weight: 1,970 lbs. gross per pallet (60 cases per pallet)
Skid Dimensions: 48" X 40" X 46" = L x W x H (inches)
COMMODITY PICK-UP LOCATIONS:
CA Warehouse Door
Darras Freight
2050 S. Baker
Ontario, CA 91761
Tel: (909) 930-5471
FL Warehouse Door
USAID Warehouse
C/O Crowley Logistics
10205 NW 108th Avenue
Miami, Florida 33178
Tel: (305) 747-0073
Special Handling Instructions: Availability is shown in each parcel above. Shipments can be split on multiple vessels. No pickup on Saturdays and Sundays. Logistics / transport contractor/carrier is responsible for spotting of containers at point of origin (as agreed with POC at origin) for live load (2 hours per container) and transporting containers to destination. Origin warehouse will stuff containers, delivered by the transportation provider, at their expense. Containers must be clean and weather-tight for the transport of this commodity.**
Transport contractor (carrier) will coordinate with the supplier/warehouse regarding the availability of the product for shipment. The government estimates, without guarantee, 10 pallets per 20-foot container and 20 pallets per 40-foot container. The carrier must comply with supplier’s load and capacity capabilities. If the carrier fails to comply with supplier’s load capabilities, any costs incurred by USAID, including but not limited to storage charges, waiting time, demurrage, will be for the carrier’s account. The carrier must ensure that the containers are placed at the supplier’s warehouse by the commencement of the supplier’s availability date and provide containers on a continuous basis until the supplier fulfills his contract quantity. In addition, costs for permits or fines to move containers that exceed over-the-road weight limits are for the carrier’s account. The supplier of the commodities is willing to break down or rebuild smaller pallets at the end of each container load to help maximize the use of space in the container.
DELIVERY TERMS FOR DAKAR, SENEGAL AND AQABA, JORDAN:
AI – NO DEM/DES/DET BENDS.
Dakar, Senegal and Aqaba delivery terms basis U.S. Food Aid Booking Note terms 2(A)(ii) – CY delivery with 21 days free time on all containers.
At destination, the transport contractor will deliver the containers to the receiver/consignee at place of rest at the carrier’s or port’s container yard (CY) and provide 21 days of free time per container. The rates must include costs for THC, Delivery Order Fees, Port Dues, and CY in/out charges.
DELIVERY TERMS FOR DUBAI, UAE:
AI – NO DEM/DES/DET BENDS.
Dubai delivery terms basis U.S. Food Aid Booking Note terms 2(C)(i) – with 14 days free time required on all containers.
Commodity Destination Point:
Warehouse Door
c/o National Air Cargo Warehouse
Building No. 2
W/H No. W-2-1, Office No. O-2-1
Dubai Aviation City - Logistics City
Jebel Ali Free Trade Zone
Dubai, U.A.E.
Consignee:
USAID/FFP
C/O: National Air Cargo
Building No. 2
W/H No. W-2-1, Office No. O-2-1
Dubai Aviation City - Logistics City
Jebel Ali Free Trade Zone
Dubai, U.A.E.
USAID/FFP’s Dubai warehouse will un-stuff containers at their expense, 24 hours free time per container. Containers must be clean and weather-tight for the transport of this commodity**. At destination, the transport contractor will be responsible for all transportation customs clearance and handling to enable “door” delivery to warehouse final destination. Customs clearance -- Commodities are humanitarian assistance commodities donated by the people of the United States. Commodities will be stored in the U.A.E. for re-export, and commodities will not enter the U.A.E. marketplace or economy.
**Carrier must certify that each container utilized to load USAID cargo is: (a) in wind and water tight condition; (b) not more than ten (10) years old; and, (c) not a salvaged container or mustered out from regular service. As a condition of payment, carrier must provide BKA a FGIS survey report attesting to the satisfactory condition of the containers. Survey is to be performed prior to loading USAID cargoes.
If the carrier intends to utilize marine terminals at the ports of Los Angeles and Long Beach, the carrier must pickup/deliver containers during PierPass OffPeak hours. If the carrier picks up/delivers containers during PierPass Peak hours, the carrier is responsible for traffic mitigation fees and any other costs incurred by USAID a/o BKA.
Requested delivery date: About 30 days from pick up at origin.
Special Marking Requirements: None
Fumigation not required.
Proposals must include the total (all-inclusive) price for delivery ex dock, pier, warehouse, Port of Importation (CY) (FAR 52.247-40), as in effect on the date of this award. Customs service charges and fees will be required. Customs duties and taxes on the commodities will not be charged due to the humanitarian and gift nature of the commodities. Freight rates shall not include any customs duty or taxes that may be charged on the commodities.
The following Federal Acquisition Regulation terms and conditions are hereby made an integral part of this solicitation and any contract resulting from this RFP:
FAR Clause 52-212-1 Instructions to Offerors – Commercial Items.
FAR Clause 52.204-7 Central Contractor Registration. Offerors not already registered in CCR may register at the new U.S. Government registration site at https://www.sam.gov. Offerors already in CCR must make sure the registration transferred to S.A.M.
FAR Clause 52.212-3 Offeror Representations and Certifications – Commercial Items (Paragraph (b) applies if the offeror has complete the annual representations and certifications electronically at https://www.sam.gov ):
(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the System for Award Management (S.A.M.) website.
(2) The offeror completed their System for Award Management (S.A.M.) registration and the annual representations and certifications electronically via the S.A.M. website at https://www.sam.gov. After reviewing the S.A.M. database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______.
[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on S.A.M.]
FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items
FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items applies to this acquisition. The following clauses in FAR 52.212-5 are checked:
52.203-3, Gratuities (APR 1984);
52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008);
52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003);
52.247-64, Preference for Privately Owned U.S. Flag Commercial Vessels.
FAR 52.247-5 Familiarization with Conditions.
FAR 52.247-8 Estimated Weights or Quantities Not Guaranteed.
FAR 52.247-21 Contractor Liability for Personal Injury and/or Property Damage.
FAR 52.249-2 Termination for Convenience of the Government (Fixed Price).
FAR 52.249-8 Default (Fixed Price Supply and Service) plus Alternate I.
NOTE: Default clause – This is a contract for carriage and logistic services. Contract performance will take place during a short period of time. There may be little time between (1) failure to make progress, so as to endanger performance, and (2) the issuance of a cure letter, and
(3) the government terminating this contract for failure to perform the services within the time specified in this contract.
FAR 52.222-50 Combating Trafficking in Persons (FEB 2009)
FAR Clause 52.222-25 Affirmative Action Compliance (Work outside the U.S. is exempt)
FAR Clause 52.222-21 Prohibition of Segregated Facilities (Work outside the U.S. is exempt)
FAR Clause 52.222-22 Previous Contract and Compliance Reports (Work outside the U.S. is exempt)
FAR Clause 52.222-26 Equal Opportunity (Work outside the U.S. is exempt)
FAR Clause 52.232.22 Limitation Of Funds
The Contractor/Recipient is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the contractor/recipient to ensure compliance with these Executive Orders and laws. This provision must be included in all
subcontracts/sub-awards issued under this contract/agreement.
The following FAR clauses apply if the contract value is greater than $15,000:
FAR clause 52.222-36 Affirmative Action for Workers with Disabilities.
The following FAR clauses apply if the contract value is greater than $100,000:
FAR clause 52.222-35 Equal Opportunity for Veterans
FAR clause 52.222-37 Employment Reports on Veterans
The following FAR clauses apply if the contract value is greater than $150,000:
FAR clause 52.209-5 Certification Regarding Responsibility Matters
FAR clause 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)**;
52.203-12, Limitation of Payments to Influence Certain Federal Transactions (SEP 2007)**;
**A disclosure form, if required, must accompany the offer. Copies of the Byrd certificates may be obtained at the Washington, D.C. offices of BKA Logistics, LLC for U.S.-flag fixtures, the signature of the actual vessel owners is required; for foreign-flag fixtures, an authorized agent may sign on owner's behalf, provided that a copy of the owners authorization to sign is supplied and the signature indicates whether the signing is in the capacity as agent, broker or representative. FAR Clause 52.219-8 Utilization of Small Business Concerns
The above clauses are available on the internet at https://www.acquisition.gov/
Notice to the Tade dated July 22, 2009, “The Freedom of Information Act (FOIA) and submissions of freight proposals in response to P.L. 480 Title II requests for proposals”, is incorporated into this RFP as follows:
Please be advised that effective immediately, all ocean carriers submitting freight proposals in response to P.L. 480 title II freight RFPs for mark and count cargoes and/or bulk cargoes
and/or overseas and/or domestic preposition cargoes must include one of the statements below in each freight offer submitted. Please note that this statement is required for each offer
submitted. Each page of each offer submitted must include one of the following statements:
1. This freight proposal, whether successful or unsuccessful, contains trade secrets or commercial financial information which are privileged and confidential and exempt from disclosure under the freedom of information act, 5 U.S.C. Section 552. Furthermore, this information is prohibited from disclosure under the trade secrets act, 18 U.S.C. Section 1905.
-- or --
2. This freight proposal, whether successful or unsuccessful, may, in the future, be made public or released under a FOIA request.
If you have any questions regarding this FOIA notice, please contact Ms. Christine Karpinski at 202-567-4642.
All vessel substitution requests must be reviewed by USAID. The proposed substitute vessel should be of the same type as the originally awarded vessel. This applies to both U.S. and foreign
flag vessel substitutions. The proposed substitute vessel must also appear on the applicable maritime administration U.S. or foreign flag vessel list which can be accessed using the following url:
http://www.marad.dot.gov/ships_shipping_landing_page/cargo_preference/cargo_humanitarian_assistance/cargo_human_assistance_reports/humanitarian_food_aid_reports.htm
Offers to be submitted no later than 1100 hours ET (Washington, D.C. time) on Monday,
April 08, 2013 in accordance with the clauses herewith below.
Offers must be identified by tender/RFP number(s) and any future communication should also identify same by tender or contract number(s).
FREIGHT RATE TO BE IN U.S. DOLLARS PER 20-FOOT A/O 40-FOOT STANDARD OCEAN CONTAINER AND MUST BE ALL INCLUSIVE, REPEAT ALL INCLUSIVE. THE RATES MUST INCLUDE ALL COSTS AS OUTLINE IN THIS FREIGH TENDER.
By submitting an offer, the offeror agrees that the governing contract provisions are per this Invitation for proposals and the USAID Food Booking Note (dated November 1, 2004) Parts I and II.