MINUTES OF THE MEETING.pdf

SBU - CONTRACTING AND ACQUISITIONS

MINUTES FROM PRE-PROPOSAL CONFERENCE

FEBRUARY 19, 2021

RFQ: 19RP3821Q0026

INBOUND AIRFREIGHT CARGO CONTRACT FOR US EMBASSY MANILA

Introduction

The Contracting Officer welcomed all attendees and introduced representatives from Contracting

& Procurement (C&P), Customs & Shipping (C&S) and Information Resource Management

(IRM).

1) SF 1449 cover sheet

- Deadline of submission of offers: March 12, 2021 (refer to block 8), no later than

4:30pm, No offers will be accepted after 4:30pm.

- EMAIL SUBMISSIONS are acceptable.

- Fill out page 2, blocks 12, 17, 19-24, and 30 as appropriate

2) Section 1 – The Schedule, Prices

Subsection 1.1 Performance Work Statement

- Indefinite-Delivery, Indefinite-Quantity type of Contract under which firm fixed price delivery orders may be placed. Order will be placed by the designated ordering official as stipulated in Attachment 1 Definitions: Ordering Officer is our Contracting Officer

- For each year of the contract, the U.S. Government guarantees a minimum order of

P500.00. The maximum amount of pick-up and shipping services each year of this contract will not exceed the total estimated amount under Item No. 4, 4.A, 4.B, 4.C.

- Price is not subject to adjustments due to any escalation in the cost of materials, tools, equipment, fuel, transportation, labor or inflation rate, or because of the contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required, or due to fluctuations in currency exchange rates.

Subsection 1.2 Period of Performance

- After contract award and submission of acceptable insurance certificates, the CO shall issue a Notice to Proceed. The NTP will establish a date (minimum 10 days from date of

Contract award unless the Contractor agrees to an earlier date) on which performance will start.

- The contract will be for a one-year period from the date of the contract award, with two

(2) one-year options.

Subsection 1.3 Pricing (pages 6-14)

- The firm-fixed prices below shall include all direct and indirect costs, insurance (see FAR

52.228-4 and 52.228-5), overhead, and profit. The prices include all expenses and materials required to perform, delivery, handling, documentation and brokerage charges, where applicable, to the extent necessary to complete the work.

- Receipted charges including freight charges (for customs clearing) should not be included in the firm fixed price and are not part of the contract. It will be handled separately using another procurement document.

- All prices are in local currency and government will make payment in local currency.

- U.S. firms are eligible to be paid in U.S. dollars. U.S. firms desiring to be paid in U.S.

dollars should submit their offers in U.S. dollars. A U.S. firm is defined as a company which operates as a corporation incorporated under the laws of a state within the United

States.

- Foreign Firms. Any firm, which is not a U.S. firm, is a foreign firm. Any firm that does not meet the above definition of U.S. firm shall submit its prices and receive payment in local currency

- VAT is not applicable to this contract. The U.S. Embassy has a tax exemption certificate from the host government.

Subsections 1.4, 1.4A, 1.4B, 1.4C (Base Year, Option Years and Total Prices)

Subsection 1.7 Invoices and Payment

- Payment shall be made in Philippine currency for local vendors and USD for US Companies processed at the Voucher Unit, Financial Management Center (FMC).

- Individual invoices shall be submitted for each order, accompanied by the task order and other supporting documents.

- Invoices shall be submitted thru email at MNLFMCDBO@state.gov

Subsection 1.11 Insurance

- The Contractor, at its own expense, shall provide and maintain during the entire period of performance of this contract, whatever insurance is legally necessary.

- The amount of insurance described under Section 1.11 are minimum requirements only and does not preclude the contractor in obtaining a higher amount.

Subsection 1.13 Permits

- The Contractor shall obtain all permits, licenses and appointments required for the prosecution of work (at no cost to the USG).

- The Contractor shall provide evidence of possession or status of application for such permits, licenses, and appointments to the Contracting Officer with its proposal.

3) Attachment 1 – Performance Work Statement Continuation (pages 19-30)

- The scope of work was discussed by C&S and Mailroom representatives.

- If clarifications regarding the scope of work, under Attachment 1 (page 19-30) are needed, questions must be submitted in writing.

- An amendment will be issued and posted to the Embassy website.

mailto:MNLFMCDBO@state.gov

4) Attachment 2 – OF 347

5) Attachment 3 – RSO Biographic Data Form

6) Section 2 – Contract Clauses (pages 33-54)

- Contract clauses are incorporated by reference or full text and forms part of the contract.

The clauses can be accessed electronically at the website provided under Section 2, Addendum to Contract Clauses. If the Contractor is unable to access the sites, the

Contractor may request the Contracting Office for a full text copy in writing, and a copy shall be provided.

- The COR for this contract is the Assistant Shipment Supervisor. The COR is not authorized to issue changes or direct to the Contractor to perform work outside of the scope of the contract. Only the CO has the authority to issue a change or changes to the contract terms and conditions through contract modification(s).

- FAR 52.222-50 Combating Trafficking in Persons. USG has a zero tolerance policy re trafficking. Every instance of trafficking will be examined and could result in termination of employees or subcontractors, suspension of contract payments or contract terminations.

- FAR52.204-7, System for Award Management - Contractor should have an active registration at the time their offer is submitted.

NOTE: There are companies that offer services to assist in registering or renewing SAM registrations for a fee. Although it is ultimately your prerogative if you decide to go through them, offerors were reminded that SAM registration is free of charge.

- FAR 52.228-4 DBA insurance, in accordance with FAR 28.305 also, US Embassy

Manila has an active waiver. Although contractors are encouraged to review and read this clause.

- Tax on Certain Foreign Procurement Payments (Zadroga Act), please see FAR

29.402-3. This Act of the Internal Revenue Code imposes a tax of two percent (2%) on the amount of payment for each payment. Unless the exceptions in FAR 29.402-3 apply.

If an exception does apply then you will need to highlight the requirement to fill out

Internal Revenue Service Form W-14 and the form is required with their offer and every invoice. Under Section 5 clause 52.229-12 and the provision FAR 52.229-11.

- Statue NDAA 889(a) (1) (B) and the prohibition on contracting with entities using certain telecommunications and video surveillance service or equipment. Please review FAR 4.21 and highlight clause FAR 52.204-25 in Section 2 and the provision

52.204-24 in Section 5 and the offerors requirement to certify:

• That they will or will not provide covered telecommunications equipment or services to the Government.

• Whether they do or do not use covered telecommunications equipment or services that uses covered telecommunications equipment or services https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1051105 https://www.acquisition.gov/content/part-28-bonds-and-insurance#i1087897 https://www.acquisition.gov/content/part-29-taxes#id205VI010V4Y https://www.acquisition.gov/content/part-29-taxes#id205VI010V4Y https://www.acquisition.gov/content/part-29-taxes#id205VI010V4Y https://www.irs.gov/forms-pubs/about-form-w-14 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id205VI0L0TXK https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id205VI0L0TXK https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989H0G40RF https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id1989I600I4C https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id1989I600I4C

If the offeror does not comply with representations and certification (either in their offer or in

SAM), the offer is considered non-responsive. The CO may remove the offer from consideration for award per FAR 4.2103. If the Offeror represents that it does use the prohibited technology or services, it is only eligible for award if a narrow exception applies or if a waiver is obtained.

7) Section 3 – Solicitation Provisions (pages 55-59)

- All offers must be segregated in volumes as required under Section 3.A

- Volume I - SF1449, Section 1 and Section 5 and W14

- Volume II

- FAR52.204-7, System for Award Management> Contractor should have an active registration to be eligible for award.

8) Section 4 – Evaluation Factors (page 60-61)

- Criteria by which the USG will evaluate offers. The USG intends to award to the lowest priced, technically acceptable offer.

- Proposals which do not conform to the solicitation requirements may be eliminated at the

USG’s discretion.

9) Section 5 – Representations and Certifications (pages 62-91)

- Fill out only those that are applicable and indicate N/A for item/s that do not apply.

- FAR 52.204-24, Representation Regarding Certain Telecommunications and Video

Surveillance Cervices or Equipment page 35

Offerors are required to certify:

o If they will or will not provide covered telecommunications equipment or services to the Government.

o Whether they do or do not use covered telecommunications equipment or services that uses covered telecommunications equipment or services

10) Questions8) Questions

− All questions must be in writing. Deadline of submission for questions is on February 23, 2021, 4:30 PM

− If answers to questions necessitate a change in the solicitation, an amendment will be issued. If not, a general Questions and Answers will be posted on the Embassy website.

11) Reminders

− Deadline for submission of quotations is on March 12, 2021 no later than 4:30 PM

− Changes discussed (if any) shall not be binding unless an amendment to the solicitation is issued by the Contracting Officer.

https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989G0W90SA

− Updates on the solicitation will be posted on the Embassy website. Ensure to check the website regularly.

Conclusion

All questions and answers, minutes of the meeting and amendments (if any) will be posted on

Beta Sam.

The Pre-Quotation Conference concluded and attendees were thanked for their presence and expression of interest in serving the U.S. Government. The meeting was adjourned.

References:

IRS W14 form and Instructions form W-14 https://www.irs.gov/forms-pubs/about-form-w-14

Ins

SAM Registration- https://www.sam.gov.

https://www.irs.gov/forms-pubs/about-form-w-14