MINUTES FROM PRE-QUOTATION_SITE VISIT_24Q0019.pdf

SBU - CONTRACTING AND ACQUISITIONS

MINUTES FROM PRE-QUOTATION CONFERENCE AND SITE VISIT

April 26, 2024

RFQ No. 19RP3824Q0019 Gardening Services for U.S. Embassy Philippines

Introduction The Contracting Officer welcomed all attendees while Procurement Agent, Kris Alcantara, introduced the other representatives from Contracting and Procurement (C&P) and Facility Management (FAC).

I. DISCUSSION OF THE SOLICITATION PACKAGE

The following sections of the solicitation were highlighted:

1) SF 1449 cover sheet (pages 1)

− Deadline of submission of offers: 16 May 2024 (refer to block 8), no later than 4:00pm (Date and time is Philippine local time).

− Electronic submissions will be accepted. Kindly follow the submission specific size and format not to exceed 10MB per file. (Also, refer to Invitation Letter)

− Fill out the SF-1449, blocks 12, 17, 19-24, and 30a-c as appropriate

2) Section 1 – The Schedule (pages 2-7)

Subsection 1.0 – Scope of Contract, page 2 − Base year + 4 option years − Performance period of the contract is from the start date in the Notice of Award continuing for 12 months with four (4) one year option periods − Standard Services:

⮚ Gardening services including all labor, materials, equipment and services

⮚ Government will pay the Contractor the fixed price per month for standard services that have been satisfactorily performed.

− Temporary Additional Services:

⮚ Standard Services required at times other than the normal workday (i.e special events at post).

⮚ Based on IDIQ (min: 500 sqm; max: 10,000sqm.). Will be ordered via task orders on an as needed basis.

⮚ Shall be performed by Contractor trained employees and shall not be subcontracted.

Subsection 2.0 – Pricing, pages 3-7 − 2.1 Value Added Tax

⮚ VAT shall not be included in the firm fixed prices. VAT is not applicable to this contract. The U.S. Embassy has a tax exemption certificate from the host government.

− Firm-fixed Price ** 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.

2.2 Base Period

2.3 First Option Year Prices

2.4 Second Option Year Prices

2.5 Third Option Year Prices

2.6 Fourth Option Year Prices

2.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

2.8 Grand Total

3.0 OFFERS AND PAYMENT IN U.S. DOLLARS

⮚ Applicable to U.S. Firms

4.0 FOREIGN FIRMS

⮚ Offers and payments in local currency for non-U.S./foreign firms

3) Continuation to SF-1449, Schedule of Supplies and Services (pages 8-31)

- Paragraphs 1 - 6 as discussed by FAC Representative/COR

− 1.18 LOCATION OF GARDENING SERVICES (page 22-23)

⮚ Chancery Compound

⮚ Seafront Compound

⮚ Chief of Mission’s Residence (CMR)

⮚ Deputy Chief of Mission’s Residence (DCMR)

− 2. WORKING HOURS (page 23): Monday through Saturday, between the hours of 6:00 AM and 6:00 PM at the Chancery and Seafront Compounds, and between 6:00 AM and 6:00 PM, Monday through Sunday at the CMR and DCMR residences, except for the holidays identified in the Addendum in Section 2.

− 7. INSURANCE (page 28-29)

⮚ 7.2 GENERAL LIABILITY

a) Bodily Injury stated in US Dollars:

Per Occurrence $2,500.00 or the equivalent in local currency Cumulative $12,000.00 or the equivalent in local currency

b) Property Damage stated in US Dollars:

Per Occurrence $2,500.00 or the equivalent in local currency

Cumulative $12,000.00 or the equivalent in local currency

⮚ 7.8 Government as Additional Insured. The general liability policy required of the

Contractor shall name "the United States of America, acting by and through the

Department of State," as an additional insured with respect to operations performed under this contract.

− 10. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP) (page 30-31)

⮚ Method for the COR to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued satisfactory performance.

− Attachment 1 – SITE PLAN (page 32) − Attachment 2 – GOVERNMENT FURNISHED PROPERTY (page 33-34) − Attachment 3 – CONTRACTOR FURNISHED PROPERTY (pages 35)

4) Section 2 – Contract Clauses (pages 38-71)

− 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.

− FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (page 42). 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.

− FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (page 44) (by reference) Payments will be made by Electronic Funds Transfer so the Contractor must ensure the correct EFT payment information is provided in SAM or the designated disbursement office.

− FAR 52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENT PAYMENTS (ZADROGA ACT)

(pages 51-52). 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 it is a requirement to fill out Internal Revenue Service Form W-14 and the form is required with their offer and every invoice. Also, refer to Section 2 clause 52.229-12 and to Section 5 for the provision FAR 52.229-11.

● Under (f), Taxes imposed may not be (1) added to the contract price, nor (2) reimbursed

− FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (page 53)

The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract.

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

− FAR 52.204-25 Statue NDAA 889(a) (1) (B) and the prohibition on contracting with entities using certain telecommunications and video surveillance service or equipment.(page 53)

⮚ The offerors are required 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

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.

− FAR 52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS

(page 53) DBA insurance, in accordance with FAR 28.305. US Embassy Manila has an active waiver.

Although contractors are encouraged to review and read this clause.

− FAR 52.217-8 OPTION TO EXTEND SERVICES (page 56)

⮚ Unilateral right of the government and shall not exceed 6 months.

⮚ Refer to Subparagraph 2.7 PRICING

− FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (page 56)

⮚ Unilateral right of the government and shall not exceed 5 years.

− DOSAR 652.242-70 CONTRACTING OFFICER’S REPRESENTATIVE (page 70). The COR for this contract is the Professional Associate, Facility Management. 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).

5) Section 3 – Solicitation Provisions (pages 72-79) − Explained submittals; Use the guidelines as a checklist in completing the offer.

− Use Section 3 requirements as checklist to ensure complete and accurate submission.

⮚ A.1 = SF-1449 cover page (blocks 12, 17, 19-24, and 30 as appropriate), Section 1.2 PRICING (subparagraphs 2.2 through 2.8; indicate the currency), Section 5, REPRESENTATIONS AND CERTIFICATIONS

⮚ A.2 = Technical requirements as stated and discussed by the COR − FAR 52.204-7, System for Award Management

⮚ Contractor must have an active registration at the time their offer is submitted.

(Also, refer to Invitation Letter) https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989G0W90SA https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1051105 https://www.acquisition.gov/content/part-28-bonds-and-insurance#i1087897

⮚ Your offer may be ineligible for award without proof of registration in SAM.

= To register in SAM please go to www.sam.gov or refer to the attached quick guide

− Electronic submissions are allowed (Refer to Invitation Letter)

⮚ Must be submitted electronically to ManilaContracting@state.gov in two separate file folders indicating A.1 and A.2.

⮚ Must be submitted in specific size and format; in MS-Word 2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 10MB. If the file size should exceed the 10MB, the submission must be made in separate files and attached to separate emails with less than 10MB each.

6) Section 4 – Evaluation Factors (page 80)

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

- Acceptability will be determined by assessing the offeror's compliance with the terms of the RFQ and attendance to the site visit.

- Proposals which do not conform to the solicitation requirements may be eliminated at the USG’s discretion.

7) Section 5 – Representations and Certifications (pages 81-111)

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

⮚ 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

⮚ 52.204-26 Covered Telecommunications Equipment or Services Representation

⮚ 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation

8) Questions − Questions must be submitted in writing so that written answers can be provided. Oral answers during this conference or site visit are not binding unless provided in writing by the Contracting Officer.

− Written questions must be submitted on or before May 02, 2024, 4pm (Philippine local time); Note: indicate specific section, subsection, paragraph no. in listing questions;

No additional questions will be accepted after May 02, 2024, 4PM (Philippine local time)

− 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 SAM.gov.

9) Reminders

− Deadline for submission of quotations is on May 16, 2024, no later than 4:00 PM − Changes discussed (if any) shall not be binding unless an amendment to the solicitation is issued by the Contracting Officer.

− Any extension shall be through an amendment issued by the Contracting Officer.

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

http://www.sam.gov/ mailto:ManilaContracting@state.gov

II. SITE VISIT

All attendees were shown the site and were given the opportunity to familiarize themselves with the areas/locations under 1.18 LOCATION OF GARDENING SERVICES.

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