19GE5021Q0028.pdf

COMBINED SYNOPSIS & SOLICITATION

United States Embassy Nairobi, Kenya

Vehicles – Brand name

SOLICITATION NO. 19GE5021Q0028

Issued by:

American Consulate General

Regional Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main

Germany

April 28, 2021

Combined Synopsis and Solicitation

Solicitation Number 19GE5021Q0028

The American Consulate General Frankfurt hereby provides the following Combined Synopsis and Solicitation for:

Supply and delivery of Toyota or Nissan vehicles - Brand Name for the U.S. Embassy

Nairobi, Kenya on behalf of the Bureau of International Narcotics and Law Enforcement Affairs

(INL). All interested sellers shall review the solicitation and offer equipment in accordance with the specification provided in this document.

The evaluation of offers will be based on the Lowest-Priced, Technically Acceptable (LPTA) approach. It is the offeror’s responsibility to prove that the equipment it is offering meets the requested specifications.

Synopsis:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is 19GE5021Q0028 and is issued as a

Request for Quotations (RFQ), unless otherwise indicated herein.

The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular FAC 2021-05, effective March 10, 2021.

US CONSULATE GENERAL

Regional Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main

Germany

Tel: (49) 69 7535 3313

E-mail: JacobsenW@state.gov

Contract Type:

The Government intends to award a single, firm fixed-price contract to the responsible offeror whose offer is evaluated as the lowest-priced and technically acceptable. The total price shall include all labor, equipment, delivery charges, materials, overhead, profit, insurance, warranty, customs clearance, and all other expenses necessary to deliver the required supplies. No additional sums will be payable on account of any escalations in the cost of materials, equipment, or labor, or because of the Contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in currency exchange rates.

Term of Contract:

This ensuing contract shall be effective from the date of the Contracting Officer’s signature and shall remain valid until all items are received and accepted by the Government.

Compliance with Specifications:

Offerors shall also provide with their offer, at a minimum, existing product literature substantiating the acceptability of their offered product in accordance with this solicitation’s specifications provided in the solicitation. Failure to provide this information will result in a

‘non- responsive’ offer and removal from award consideration.

Descriptive Literature Required:

Definition: (a) "Descriptive literature" means information (e.g., cuts, illustrations, drawings and original manufacturers' brochures) that is submitted as part of an offer. Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as (1) design;

(2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction, or operation. The term includes only information required to determine the technical acceptability of the offered product. It does not include other information such as that used in determining the responsibility of a prospective contractor or for operating or maintaining equipment. (b) Descriptive literature must be (1) identified to show the item(s) of the offer to which it applies and (2) received by the time specified in this solicitation for receipt of offers. (c) Data displaying more than one model or size shall be clearly marked so as to indicate the specific item being offered. (d) Offers which do not present sufficient information to permit complete technical evaluation by the Government may be rejected. It is the offeror’s responsibility to prove that their proposed solution meets the requested specifications, subject to any limitations elsewhere in this solicitation.

Basis of Price:

The price of all items shall include their transportation c.i.f. destination to the designated delivery point in accordance with FAR 52.247-34. All or Nothing: The Government is allowing complete offers for all items. Offers failing to meet this condition may be rejected.

Warranty:

In accordance with the Contractor’s proposal, the subject vehicles shall be covered by the manufacturer’s standard warranty of 36 months. The Contractor shall provide the warranty at the time of delivery for each vehicle.

The Contractor shall be registered to do business in the host country or an existing partner with a host country registered business, this is required in order to provide maintenance, training, repairs and spare parts since this type of equipment involves safety and security.

The Contractor shall have a valid international warranty on the products offered which shall be utilized to coordinate replacement parts and services for the end user in order to avoid incurring additional expenses.

The Contractor shall provide a copy of standard warranty information unless indicated otherwise.

The warranty applies as of the date the items are received and accepted at the delivery location.

The price for warranty shall be included in the price for each item.

Delivery:

The equipment shall be in new condition and all packing and crating must be in line with international shipping standards.

All related items included on this order and associated documents shall be labeled and marked for, and the shipping documents, including original bills of lading, certificates of origin and commercial invoice shall be submitted by courier or international courier to the consignee’s following address:

INL Section

US Embassy Nairobi, Kenya

Attention: GSO Customs and Shipping

Embassy of the United States

P.O. Box 606, Village Market 00621

Nairobi, Kenya

TEL: +254-20-363-6569 or 6850

All Boxes and AWB must be marked as “Diplomatic Cargo.” Improperly marked shipments may be rejected by the Government. The Contractor shall send a copy of each commercial invoice, for customs clearance purpose, to the INL office at the address described above.

Vendor shall consolidate the entire shipment to prevent loss and misdirection. Partial shipments are not allowed. Packaging and preservation shall be IAW best commercial practices to enable shipment to final destination, without repacking or incurring damage during shipment and handling.

PLEASE NOTE: All orders are ultimately intended for an overseas destination. If the shipment will involve wood packaging material, then the packing and palletizing must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15:

“Guidelines for Regulating Wood Packaging Material in International Trade” (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated domestic delivery address that do not meet these standards will be rejected and must be corrected at the contractor’s expense.

Shipping Destination: Nairobi, Kenya via Port of Mombasa, Kenya

The Bill of Lading must describe each equipment with the name/title of equipment where applicable.

Consignee: U.S. Embassy Nairobi

UN Avenue, Gigiri

Attn: INL

Nairobi

Kenya

POC: Kevan Higgins, INL, American Embassy in Nairobi, HigginsKP@state.gov

Marking and Submission of Documents:

Each box, carton, and package shall be marked as follows:

INL/Nairobi

Purchase Order No.___________

Box #__ of __

NOTE: Improperly marked shipments may be rejected by the Government.

Condition of Delivered Equipment:

Only new supplies are authorized; no grey market or refurbished products. All items must be in original packaging, never used, and not altered in any way.

Inspection and Acceptance of Vehicles:

The inspection and acceptance of the vehicles shall be performed by the U.S. Government upon their arrival at the customs facility in Nairobi, Kenya. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of the vehicles, and upon presentation of the vehicle titles or certificates of origin to the Office of INL in Nairobi, Kenya.

The vendor is required to replace any defective items at no additional cost to the Government.

Delivery Schedule:

All equipment shall be delivered to the customs facility in Nairobi, Kenya, as soon as possible

(ASAP) but not later than (NLT) 3 months from receipt of the purchase order.

Customs Clearance and Tax Exemptions:

The U.S. Government will assist the vendor in obtaining customs clearance and tax exemption certificates from the Government of Kenya in accordance with Marking and Submission of

Documentation requirements for this contract.

APPLICABLE CLAUSES AND PROVISIONS

The full text of the referenced FAR and DOSAR clauses may be accessed electronically at https://www.acquisition.gov/content/regulations.

APPLICABLE CLAUSES AND PROVISIONS

The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors -

Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and

Certifications - Commercial Items – to be completed with other certifications and submitted with the offer; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Items - the applicable clauses under paragraph (b) are:

52.204-10; 52.209-6; 52.222-19; 52.222-50; 52.223-18; 52.225-5; 52.225-13; 52.232-33

[U.S Based Company: 52.222-21; 52.222-26; 52.222-36].

FAR: 52.504-13; 52.204-16; 52.204-18; 52.204-24; 52.229-11; 52.229-12; 52.247-42

DOSAR: 652.232-70; 652.242-73; 652.243-70

Addendum to FAR 52.212-4 Contract Terms and Conditions – Commercial Items

(Deviation 2017-02)

The whistleblower protection of 41 U.S.C 4712 has been removed from paragraph (r) of FAR clause 52.212-4. The following revised paragraph applies:

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with

31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(End of Clause) https://www.acquisition.gov/content/regulations

Addendum to FAR 52.212-5 Contract Terms and Conditions Required To Implement

Statutes or Executive Orders-commercial Items (Deviation 2017-02)(June 2017).

(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 items:

[Contracting Officer check as appropriate.]

__(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 u.s.c. 2402).

__(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

_X_(4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (April 2014)( 4 1 U.S.C. 4712) relating to whistleblower protections).

The following clauses and provision(s) are provided in full text:

Addendum to FAR 52.212-2 Evaluation – Commercial Items (Oct 2014)

The Government will award a contract resulting from this solicitation to the responsible offeror

(as determined within the meaning of FAR Part 9, paragraph 9.104), whose offer conforms to the solicitation and is determined to be the most advantageous solution to the Government, price and other factors considered. Evaluation will be based on offeror’s submission and the provision at

FAR 52.212-2, as provided in this solicitation.

The Government reserves the right to award without any discussions. The following factors shall be used to evaluate offers:

(a) The following factors shall be used to evaluate offers:

(i) Price

The price will be evaluated by the lowest aggregate sum of the items including any delivery charges, custom clearance, handling charge, VAT (if applicable) etc.

(ii) Technical Capability/Acceptability

(iii) Past Performance

Technical capability and past performance when combined are equal to price.

(b) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government 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.

(End of provision)

52.214-34 Submission of Offers in the English Language (Apr 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of Provision)

52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using http://ice.cgfs.state.sbu in effect as follows:

(1) On the date specified for receipt of offers if award is based on initial offers; otherwise

(2) On the date specified for receipt of proposal revisions.

FAR 52.233-2 Service of Protest (Sep 2006)

(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 Eric N Moore

(MooreEN@state.gov).

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision) http://ice.cgfs.state.sbu/ https://www.acquisition.gov/content/part-33-protests-disputes-and-appeals#i1080401

DOSAR 652.206-70 Advocate for Competition/Ombudsman (Feb 2015)

(a) The Department of State’s Advocate for Competition 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 first to contact the contracting office for the solicitation. If concerns remain unresolved, contact:

For solicitations issued by the Office of Acquisition Management (A/LM/AQM) or a Regional

Procurement Support Office, the A/LM/AQM Advocate for Competition, at

AQMCompetitionAdvocate@state.gov.

For all others, the Department of State Advocate for Competition at cat@state.gov.

The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award 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, Sharon D.

James, at (571) 451 4912. 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) 516-1696 or write to: Department of

State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), Suite 1060, SA-

15, Washington, DC 20520.

Addendum to FAR 52.212-1 Instruction to Offerors – Commercial Items (Jun 2020)

Pursuant to FAR 12.302(d), the provision at FAR 52.212-1, Instruction to Offerors –

Commercial Items (Oct 2018) is augmented as follows:

mailto:AQMCompetitionAdvocate@state.gov mailto:cat@state.gov

1. The period for acceptance of offers of 30 calendar days as specified in FAR clause

52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018) is hereby extended to 90 calendar days.

2. Preparation of Offers - Offerors shall prepare and submit its offer in two (2) volumes as set forth below.

VOLUME I - PRICING

(i) The offeror shall complete the table below:

Item Description Specifications Quantity Unit Unit Price Total

Utility pickup truck, double cab, diesel, right-hand drive, 4x4, new

2021 Toyota Hilux Double Cabin Executive

Plus 2.8 GD-6 D-4D Diesel engine, 6 speed automatic transmission, 4x4

Or

2021 Nissan NP300 Hardbody 2.5D High

4X4 Double Cab, 2.5 liter diesel, manual transmission colors: 1 white, 1 gray, 1 blue 3 Each

Large SUV vehicle, right-hand drive, new, automatic transmission

2021 Toyota Landcruiser Prado VX-L, 2.8L engine, 6 speed automatic transmission, 4x4 or

2021 Nissan Patrol Y61 GRX-Station

Wagon, ZD30 common rail diesel engine, 4 speed automatic, 4x4 color: 1 silver/grey, 1 black; interior: black 2 Each

Passenger van, right-hand drive, minimum 12 seats, new

2021 Toyota Hiace High Roof, 2.5L, 4 cylinder engine, 12 seat configuration.

Automatic transmission if available.

Or

2021 Nissan NV350 Urvan high roof widebody minibus, 2.5L turbo diesel engine, manual transmission, 16 seat configuration.

color white or gray/silver 1 Each

4 Shipping to Kenya 1

Lot

VAT (if applicable) 1 Lot

TOTAL: ______________________

CURRENCY*: ________________

*Special condition relating to currency: Payment must be made in the quoted currency.

Offeror must verify that laws and regulations of the country of its incorporation authorize payment in the quoted currency.

(ii) Offerors must submit the following Representations and Certifications with their Volume I Pricing:

• 52.212-3 Offeror Representations and Certifications - Commercial Items

(June 2020)

• 52.204-24 Representation Regarding Certain Telecommunications and video surveillance services or equipment (October 2020)

• 52.229-11 Tax on certain Foreign Procurements – Notice and Representation

(June 2020)

(iii) Proof of SAM registration: Offeror must be registered in the System for Award

Management (SAM) database before an award can be made to them. If the offeror is not registered in the SAM, it may do so through the SAM website at https://www.sam.gov/portal/public/SAM/.

https://www.sam.gov/portal/public/SAM/

VOLUME II - TECHNICAL CAPABILITY & PAST PERFORMANCE

The proposed supply shall meet all of the minimum technical specifications and the delivery terms contained herein. In addition, the offeror shall provide:

(A) Descriptive Literature

(B) A delivery confirmation providing delivery within ninety (90) calendar days from contract award including a delivery schedule.

(C) Warranty provisions: Standard warranty is implied and shall be included in the contract price.

(D) Past Performance: The offerors shall list a minimum of three contracts and/or subcontracts that they have held over the past five years to demonstrate their prior experience in supplying the equipment in the required category, as stated and manifested in this solicitation, to companies, organizations and other Government entities, etc. Any additional information, such as letters, associations and standards to substantiate the past performance shall be furnished by the offerors. The offerors shall provide the following information for each contract and/or subcontract:

(a) Customer's name, address, and telephone numbers of customer's lead contract and technical personnel;

(b) Type(s) and category(ies)

(c) Contract number;

(d) Contract dollar value; and

(e) Any terminations (partial or complete) and the reason (convenience or default).

(E) Technical Compliance Matrix:

CLIN 001 Utility pickup truck, double cab, diesel, right-hand drive, 4x4, new

SPECIFICATION OFFERERD (TO BE

COMPLETED BY OFFEROR)

REMARKS

2021 Toyota Hilux Double Cabin Executive

Plus 2.8 GD-6 D-4D Diesel engine

6 speed automatic transmission

4x4

Diesel

Right hand drive

Colors: 1 each white, 1 each gray, 1 each blue

OR

2021 Nissan NP300 Hardbody 2.5D High

4X4 Double Cab

2.5 liter diesel

Manual transmission

Right hand drive

Colors: 1 each white, 1 each grey, 1 each blue

CLIN 002 Large SUV vehicle, right-hand drive, new, automatic transmission

REMARKS

2021 Toyota Landcruiser Prado VX-L

2.8L engine

6 speed automatic transmission

4x4

Right hand drive

Colors: 1 each silver/grey, 1 each black:

interior black

OR

2021 Nissan Patrol Y61 GRX-Station Wagon, ZD30 common rail diesel engine

4 speed automatic

4x4

Right hand drive

Colors: 1 each silver/grey, 1 each black:

interior black

CLIN 003 Passenger van, right-hand drive, minimum 12 seats, new

REMARKS

2021 Toyota Hiace High Roof

2.5L

4 cylinder engine

12 seat configuration

Automatic transmission if available

Right hand drive

Color: 1 each white or grey/silver

OR

2021 Nissan NV350 Urvan high roof widebody minibus

2.5L turbo diesel engine

Manual transmission

16 seat configuration

Color: 1 each white or grey/silver

Submission of Questions:

Interested parties may submit any questions concerning the solicitation as soon as possible but not later than 1000 hrs Central European Summer Time (CEST) on May 21, 2021 via email to Wencke Jacobsen at Jacobsenw@state.gov. The email subject line must read “Solicitation

19GE5021Q0028”. Late questions may not be considered.

Offer due date:

Offers shall be submitted as soon as possible but not later than 1000hrs Central European

Summer Time (CEST) on May 31, 2020 via email to Wencke Jacobsen at

Jacobsenw@state.gov. The email subject line must read “Solicitation 19GE5021Q0028”. The size shall not exceed 50MB. Emails shall not include zipped files (.zip / .rar).

Late submissions shall not be considered.

Applicable laws and regulations: Solicitation and award will be subject to laws and regulations of the United States of America.

mailto:Jacobsenw@state.gov mailto:Jacobsenw@state.gov

Attachments:

• IRS Form W-14 (to be used with FAR52.229-11 Tax on certain Foreign Procurements –

Notice and Representation (June 2020))

• Justification for other than full and open competition

{END OF SOLICITATION}