19GE5024Q0001-Combined Synopsis-Solicitation.pdf

COMBINED SYNOPSIS & SOLICITATION

Modular Shelter Field Camps

U.S. Embassy Kyiv

SOLICITATION NO.: 19GE5024Q0001

Issued by:

Regional Procurement Support Office Frankfurt Giessener Strasse 30 60435 Frankfurt am Main Germany

Regional Procurement Support Office Frankfurt Giessener Strasse 30

60435 Frankfurt am Main Germany

Tel: (49) 69 7535 3335

E-mail: MacDougallM@state.gov

February 9, 2024

Combined Synopsis and Solicitation

Solicitation Number 19GE5024Q0001

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

Modular Shelter Field Camps U.S. Embassy Kyiv

Synopsis:

This is a combined synopsis/solicitation for commercial products 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 19GE5024Q0001 and is issued as a Request for Quotes (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-06, effective December 4, 2023. The solicitation is not set-aside.

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 equipment, delivery charges, materials, overhead, profit, insurance, and all other expenses necessary to deliver the required equipment. No additional sums will be payable on account of any escalations in the cost of materials, equipment, 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.

Statement of Work

Requirements:

A vendor shall supply Modular Shelter Field Camps as described in the following specifications.

Background:

INL supports the sustainment of the State Border Guard Service of Ukraine (SBGS). Currently, the SBGS is seeking emergency assistance in procuring field equipment to secure Ukraine’s borders.

Requirements:

A vendor shall supply mobile modular field camps as described in the following specifications.

All goods must be new and of high quality, officially imported to Ukraine or made in Ukraine.

This equipment must meet the Ukrainian technical and quality regulations.

Shipping and delivery:

Delivery shall be made to the following destinations as soon as possible but not later than 180 days from the date of contract award and in accordance with the instructions you receive from the Point of Contact (POC) (to be advised on award).

Full destination services (shipping, custom clearance, temporary warehousing, local delivery, loading/offloading at final destination) should be included to the contract price. This is technical assistance project so no tax or custom fees are applied (project registration documents will be provided to vendors upon request). The delivery location in Ukraine is a restricted access location. The vendor must submit the list of visitors with their passport information along with vehicle information to the designated COR a minimum of three full working day prior to delivery to be granted access.

The delivery sites in Ukraine are as follows:

6 X Mobile Modular Field Camps to Sumy 5 X Mobile Modular Field Camps to Zhytomyr 3 X Mobile Modular Field Camps to Lutsk 1 X Mobile Modular Field Camp to Lutsk 1 X Mobile Modular Field Camp to Odesa oblast (Podilsk City) 1 X Mobile Modular Field Camp to Odesa 1 X Mobile Modular Field Camp to Zaporizhzhia 1 X Mobile Modular Field Camps to Lviv oblast (Velyki Mosty) 2 X Mobile Modular Field Camps to Cherkasy oblast 10 X Mobile Modular Field Camps to Kyiv

Partial shipments are NOT authorized. Vendor should provide a detailed delivery plan to the POC, (to be advised on award).

Warranty:

Standard manufacturer or seller warranty in Ukraine is required for all equipment. Authorized service centers must be available in Ukraine.

Companies must include where the units are being manufactured, how they are being shipped/transported, delivery time.

CLIN Description Unit Qty Unit Price Total

Mobile modular field camp - Quantity:

Specifications:

General features:

The design of the modules shall provide for quick installation and relocation in the field. Each module shall be equipped with adjustable screw-type supports/footers for installation. Rigid all-welded frame structure. Module frame - profile steel pipe 80x80x2mm, exterior sides - special construction steel profile welded along the contour of the frame (bent steel sheet with trapezoidal corrugations; steel thickness – from 1.2 to 1.5 mm; steel grade - not worse than 08kp, which corresponds to the US steel grades 1008, 1010, A619, A622, G10080, G10120; profile height - not more than 60 ± 5mm; corrugation rate -not less than 270 mm). Module base -bent steel profiles, covered with steel sheet, and rigidly welded into the frame.

Module top - bent steel profiles, covered with steel sheet, and rigidly welded into the frame. Insulated walls - mineral wool 100 mm, vapor barrier, water barrier, EA 31 laminated chipboard 10 mm. Floor -vapor barrier, water barrier, mineral wool 100 mm, cement chipboard 20 mm, linoleum. Ceiling - mineral wool 100 mm, vapor barrier, water barrier, laminated chipboard 10 mm.

Each camp must be composed of 10 modules.

Camp composition:

1. Accommodation module (container) for 4 personnel (command officers) – 1 pc

CLIN Description Total

Delivery/Transportation Costs, see above for miscellaneous destination details

TOTAL

DETAILED SPECIFICATIONS OF THE MOBILE MODULAR FIELD CAMPS

FOLLOWS BELOW:

Max dimensions (LxWxH): 6mx2.5mx2.5m Shall include (at minimum):

Box for property storage - 2 pcs.

Folding bunk bed - 2 pcs.

Water tank 100 liters - 1 pc.

Electric convector - 1 pc.

Air conditioner - 1 pc.

Office table - 1 pc.

Chairs - 4 pcs.

Metal cabinet for 4 compartments - 1 pc.

Washbasin - 1 pc.

Instantaneous water heater - 1 pc.

LED indoor lamp - 3 pcs.

LED lamp outdoor - 1 pc.

Single socket - 5 pcs.

Double socket - 2 pcs.

Appr. power of all equipment – 7 kW

2. Accommodation module (container) for 8 personnel (staff members) – 5 pcs

Box for property storage - 8 pcs.

Folding bunk bed - 4 pcs.

Electric convector - 1 pc.

Air conditioner - 1 pc.

Hanger for clothes - 2 pcs.

LED indoor lamp - 2 pcs.

LED lamp outdoor - 1 pc.

Single socket - 6 pcs.

Appr. power of all equipment – 6 kW

3. Dinning module (container) – 1 pc

Max dimensions (LxWxH): 6mx4.8mx2.5m

Electric convector - 2 pcs.

Air conditioner - 1 pc.

LED indoor lamp - 4 pcs.

LED lamp outdoor - 1 pc.

Double socket - 4 pcs.

Appr. power of all equipment – 6 kW

4. Food storage module (container) – 1 pc

Racks - 1 set

Air cooler - 1 pc.

LED indoor lamp - 2 pcs.

LED lamp outdoor - 1 pc.

Double socket - 1 pc.

Single socket - 1 pc.

Appr. power of all equipment – 5 kW

5. Hand-wash and shower module (container) – 1 pc

Boiler 200 liters - 1 pc.

Washbasins - 6 pcs.

Shower cabin with feet washing basins – 2 pcs.

Extractor hood - 1 pc.

Electric heater - 1 pc.

Water tank 1,000 liters - 1 pc.

LED indoor lamp - 2 pcs.

LED lamp outdoor - 1 pc.

Single socket - 1 pc.

Appr. power of all equipment – 8 kW

6. Laundry module (container) – 1 pc

Electric heater - 1 pc.

Extractor hood - 1 pc.

Water tank 1,000 liters - 1 pc.

Washing machine - 4 pcs.

Dryer- 2 pcs.

LED indoor lamp - 2 pcs.

LED lamp outdoor - 1 pc.

Single socket - 6 pcs.

Appr. power of all equipment – 14 kW

Shipping Condition:

All bid prices shall include shipping costs to destinations. No partial shipments are permitted, unless otherwise specified by Contracting Officer at time of award.

Equipment Condition:

New Equipment Only; NO remanufactured or “gray market” items. All items shall be covered by the manufacturer's warranty. All items shall be of high quality and officially imported to Ukraine.

Warranty:

At least 12 months standard manufacturer or seller warranty in Ukraine is required for all the equipment.

Delivery and Deadline:

The delivery shall be made within 180 calendar days from the date of award.

Payment Schedule and Invoice Submission (Fixed-Price):

No advance payments.

Payment to the contractor can only be made once the goods have been custom cleared and delivered to the agreed final destination, respecting all the conditions listed here in this solicitation, and upon confirmation and acceptance by means of a receiving report from Post. Thereafter, payment will be processed within 30 days.

Unless a separate remittance address is specified, payment shall be made to the contractor’s address as specified on the cover page of the issued contract.

Duty-Free Clearance:

Duty-free clearance shall include all imported equipment and all shipping containers or otherwise.

The Contractor shall follow the instructions of the purchase order as to the manner of labeling the shipping containers or otherwise processing shipments of imported materials in order to obtain, or continue to receive, duty free clearance through customs.

The Contractor shall be solely responsible without right of reimbursement from the Government, for the payment of customs duties, if any, which:

1. are imposed on items which are not labeled and processed in accordance with the contract instructions,

2. are imposed on the Contractor's equipment imported or

3. are otherwise ineligible for duty-free entry.

Value Added Tax (VAT):

This is an international technical assistance project, so no tax, VAT or custom fees are applied in Ukraine (project registration documents will be provided to the vendors upon request).

Condition of Delivered Equipment:

The vendor shall supply equipment as described in the following specifications. The requested items shall meet/demonstrate these minimum specific requirements.

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:

A U.S. Government representative will inspect the products delivered to determine the quality and acceptability. Substandard products and work shall be notified to vendor. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of the items.

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

List of Attachments:

Attachment 1 – Representations and Certifications to be completed by the Offeror and to be submitted with the proposal.

Attachment 2 – Answers to Question #’s 1 through 75

SUBMISSION OF QUESTIONS

We have included answers to 75 questions (Attachment 3) pertaining to this solicitation, if your question has not been answered they should shall be submitted via email to Mrs. Maureen MacDougall, Email: MacDougallM@state.gov no later than 17:00 CET on Wednesday, February 14, 2024.

SUBMISSION OF OFFERS

Offers and all supporting documentation shall be submitted via email to macdougallm@state.gov. The subject line shall read “Quotation 19GE5024Q0001”.

Downloading of offers from cloud-based file storage platforms, such as Google Drive, is not permitted.

OFFER DUE DATE

The complete offer shall be submitted via email to the email addresses provided below. The email shall be marked “QUOTE 19GE5024Q0001” and must arrive on or before Friday, March 8, 2024, 15.00 hrs. C.E.T.

macdougallm@state.gov

NOTE: No offers will be accepted after the time specified above.

All offers must be sent by email. Delivery via a cloud file storage service (eg. Google Drive, etc.) is not allowed. The file size limit for individual emails is 50 Mb. In the event that the proposal is sent in multiple emails, the email shall be labeled accordingly (eg. file 1 of 2).

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 (Sep 2023);

FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (Nov 2021);

FAR 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services (Nov 2023);

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2023) - the applicable clauses under paragraph (b) are:

52.204-10; 52.204-27; 52.209-6; 52.222-19; 52.222-21; 52.222-26; 52.222-35; 52.222-37;

52.222-50;

52.223-18; 52.225-13; 52.232-33; 52.203-17; 52.204-30 FAR: 52.204-7; 52.204-13; 52.204-16; 52.204-18; 52.204-21; 52.204-25; 52.204-26; 52.247-14;

52.247-34

DOSAR: 652.225-70; 652.225-71; 652.232-70; 652.242-73; 652.243-70; 652.247-70

mailto:MacDougallM@state.gov mailto:macdougallm@state.gov

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

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)

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020)

(a) The term "commercially available off-the-shelf (COTS) item," is defined in the clause of this solicitation entitled "Combating Trafficking in Persons" (FAR clause 52.222-50).

(b) The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that-

(1) Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to be performed outside the United States; and

(2) Has an estimated value that exceeds $550,000.

(c) The certification shall state that-

(1) It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited activities identified at paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons; and

(2) After having conducted due diligence, either-

(i) To the best of the Offeror’s knowledge and belief, neither it nor any of its proposed agents, subcontractors, or their agents is engaged in any such activities; or

(ii) If abuses relating to any of the prohibited activities identified in 52.222-50(b) have been found, the Offeror or proposed subcontractor has taken the appropriate remedial and referral actions.

(End of provision)

Attachment 1 – Certification Regarding Trafficking in Persons Compliance Plan

52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."

https://www.acquisition.gov/content/regulations

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products: Line Item No. Country of Origin

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

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:

(1) 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.

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

(b) 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 703-875-5429 or fax 703-875-6155. 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), 1200 Wilson Blvd, SA-6B 13th Floor, Arlington, VA 22209.

Addendum to FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (Nov 2021) 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.

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

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:

(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

(b) For acquisitions conducted using negotiation procedures-

(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.

(End of Provision)

The following Attachment 2 - Representations and Certifications must be completed, signed and submitted by the offeror:

• 52.212-3 Offeror Representations and Certifications - Commercial Items

• 52.204-24 Representation Regarding Certain Telecommunications and video surveillance services or equipment

• 52.225-6 Trade Agreements Certificate

3. Proof of SAM registration:

Offeror must be registered in the System for Award Management (SAM) database at time of offer. 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/.

Offerors without an active SAM registration at time of offer will not be considered for award.

BASIS OF AWARD

The Government intends to 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 lowest price technically acceptable offer, which meets the required delivery date requirements. Evaluation will be based on FAR 52.212-2, as provided in this solicitation.

ADDITIONAL INFORMATION

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

Mikel L. Alderman RPSO Acting Director/Contracting Officer

ATTACHMENT 1:

REPRESENTATIONS & CERTIFICATIONS

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services. (NOV 2023) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"— Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) 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 SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that—

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is,

□ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is,

□ is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ____________.] Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ______.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1)

(i) The Offeror certifies that each end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products: Line Item No. Country of Origin Exceeds 55%mesti

ATTACHMENT 2:

QUESTIONS AND ANSWERS #1 THROUGH #75

FOR 31 MODULAR SHELTER FIELD CAMPS

INL, U.S. EMBASSY KYIV, UKRAINE

1. What about the setup of the modular camps (leveling ground, place containers, connect to media grid water and power, maintenance of units). Will this all be done by the customer?

Answer: Yes. This will be performed by the customer.

2. What documents are requested to be turned in with the quotation?

Answer: Completed SF18 and prices on page two, past experience with similar items and $ magnitude, what shelters you shall provide, where you shall procure them, statement of work of the shelters, and a price breakdown

3. Voltage\ on electrical appliances, 220v 50Hz or 120/208 60Hz Answer: 220v 50Hz

4. Can we bring Container buildings from Turkey. Or you want USA only?

Answer: Yes, from Turkey. FAR 52.225-5 Trade Agreements applies to this contract, which says: The Contractor shall deliver under this contract only U.S.-made or designated country end products except to the extent that, in its offer, it specified delivery of other end products in the provision entitled "Trade Agreements Certificate."

Designated country end product means a WTO GPA country end product, an FTA country end product, a least developed country end product, or a Caribbean Basin country end product.

Refer to FAR 52.225-5 for the full list of designated countries.

5. It says we can submit multiple offer? Is this correct?

Answer: Yes one can submit multiple offers.

6. Requirement: Rigid all-welded frame structure: Shall the corner post be welded too?

Answer: Yes.

7. Requirement: Insulated walls - mineral wool 100 mm, vapor barrier, water barrier, laminated chipboard 10 mm: Can we propose modern sandwich panels with insulation 100mm mineral wool and NO laminated chipboard?

Answer: No

8. Requirement: Floor - vapor barrier, water barrier, mineral wool 100 mm, cement chipboard 20 mm, linoleum: Can we propose a cement chipboard of 22mm and PVC instead of linoleum?

Answer: No

9. Requirement: (bent steel sheet with trapezoidal corrugations; steel thickness – from 1.2 to

1.5 mm; steel grade - not worse than 08kp, which corresponds to the US steel grades 1008, 1010, A619, A622, G10080, G10120; profile height - not more than 60 ± 5mm;

corrugation rate - not less than 270 mm): Can we propose modern sandwich panels?

Answer: No

10. Please confirm the bid validity required for this solicitation.

Answer: Bid should be valid for 90 days

11. Please confirm if Embassy is looking for a Flatpack easily deployable type field camps does not have outside corrugated sheet and shipping requires less containers or is Embassy looking for a standard 20ft container module built as per the requirement in SOW of RFQ. If standard containers, can you please advise if TAA applies to this solicitation?

Answer: Rigid containers must be used. Maximum dimensions (LxWxH): 6000 x 2400 x 2440 mm

12. Can you please advise if installation and assembly support is also required at the destination.

Answer: No

13. What do you mean by Module frame - profile steel pipe 80x80x2mm. Can we offer bent profile?

Answer: No

14. Dining module (container) –Can we offer two combined containers instead of one.

Answer: Yes. Containers should be connected to each other with screw ties and installed on adjustable supports.

15. Instead of 2.5m High can we offer containers 2.8m high?

Answer: No

16. Would you consider awarding a sole source award for only the 30 Accommodation module (container) for 4 personnel (command officers) – 1 pc/30 camps and procuring the other 270 units from one of the other companies invited to submit a quote? BHI is a tribal 8(a), which makes it eligible for direct awards up to $100 million from the Department of State and up to $25 million from all other agencies without Justification and Authorization. Direct awards to BHI cannot be protested. Because BHI’s product is new, there isn’t yet a specific requirement that perfectly aligns with its capabilities, so our team was encouraged when you invited us to submit a quote after reading our response to the request for information.

Answer: No sole sourcing

17. SOW dimension of container is “Max dimensions (LxWxH): 6mx2.5mx2.5m” Answer: Maximum dimensions (LxWxH): 6000 x 2400 x 2440 mm

18. Can the bidder propose a design based on a standard 20ft cargo/shipping container of overall approximate dimensions (length x width x height) of 6000 х 2400 х 2440 mm?

19. For transportation features, does it require, lifting equipment (lifting slings with hooks/loops – 4 pcs, 1 m long, made of rolled metal, Ø30 mm) for quick loading/offloading and installation of containers?

20. Accommodation module (container) for 4 personnel (command officers) – 1 pc

Answer: Yes.

21. For the normal functioning of the wash basin, there should be a pumping station, preferably with a small receiver of 24 liters to create pressure in the pipeline with water. The pump station is missing from your specifications. Does the bidder should provide an offer including the necessary materials and equipment?

Answer: Yes.

22. Hand-wash and shower module (container) – 1 pc Answer: Yes.

23. Ukraine is located in a climate zone where the sub-zero temperature can be 3-4 months a year, and the temperature reaches -22 C. It is technically not correct to place a tank with technical water on the roof of the container, as it is quite difficult to ensure heating of such a quantity of water from freezing. If you need a module of more than 7kW, you need to provide a 380 V power supply. It is not always possible to connect to 380 V.

Answer: In the places of operation of the modules, it is almost always impossible to connect to a three-phase power supply (380 V). It is necessary to calculate the possibility of operating all electrical appliances from a single-phase (220 V) power supply. which must provide the appropriate capacity for the current power consumed by electrical appliances (selected with a margin of safety).

24. Hand-wash and shower module (container) – 1 pc Answer: Yes.

25. Please provide an example of Shower cabin with feet washing basins - 2 pcs. This means that, in addition to the shower head, there should be a faucet at a height of 900 mm?

Answer: Yes.

26. Hand-wash and shower module (container) – 1 pc Answer: Yes.

27. For normal functioning, there should be a pumping station, preferably with a receiver to create pressure in the pipeline with water. The pump station is missing from your specifications. Does the bidder should provide an offer including the necessary materials and equipment?

Answer: Yes.

28. Laundry module (container) – 1 pc Answer: Yes.

29. Technically, it is not correct to place a tank with technical water on the roof of the container, since it is quite difficult to ensure the heating of such a quantity of water from freezing. If it is provided - 14 kW is exclusively at 380 V.

Answer: In the places of operation of the modules, it is almost always impossible to connect to a three-phase power supply (380 V). It is necessary to calculate the possibility of operating all electrical appliances from a single-phase (220 V) power supply. which must provide the appropriate capacity for the current power consumed by electrical appliances (selected with a margin of safety).

30. Laundry module (container) – 1 pc For normal functioning, there should be a pumping station, preferably with a receiver to create pressure in the pipeline with water. The pump station is missing from your specifications. Does the bidder should provide an offer including the necessary materials and equipment?

Answer: Yes.

31. Small Business Company: Bidders has a small business company, are allowed to submit through our small business?

Answer: Yes that is permittable

32. Are there specific requirements for the plumbing in the shower facilities and bathrooms? Are plastic pipes acceptable? or is there a specific grade of pipe required?

Answer: There are no specific requirements. Plastic pipes can be used.

33. What grade of cables are required for the electrical installation to meet acceptable electrical codes?

The cable that will ensure safe and stable operation of electrical equipment of a certain capacity and power grid (selected with a margin of bandwidth)

34. Is there a specific type of paneling for the interior walls or should we use standard drywall?

Answer: The interior walls should be insulated, covered with laminated chipboard with a thickness of at least 10 mm or a profile sheet with a polymer coating.

35. I would like to clarify the total number of modules. The official solicitation specifies 30 Module buildings for four (4) personnel. Item 2. Specifies five (5) buildings to accommodate eight (8) staff members. Item 3. Specifies one (1) building for a dining facility, Item 4, Specifies a food storage facility, item 5. Hand wash and shower facility, item 6. Laundry facility. Therefore, we understand the total number of buildings is 39, but the RFQ stated 31.

Answer: 31 complexes of modular buildings, each complex consists of 10 modules (containers)

36. Can the bunk beds be made from wood or metal?

Answer: Metal only.

37. What are the dimensions for the doors and windows?

Answer: This is specified in the SOW.

38. Understanding that all subpoints are to be included with their respective modules, are the layouts provided exact or will the Government accept alternative layout options (e.g.

window placement, number of windows, or configuration of the showers and sinks)?

Answer: Please…