7200AA18R00037.pdf

SOLICITATION/CONTRACT 1. THIS CONTRACT IS A RATED

5. SOLICITATION TYPE2. CONTRACT NO. 4. SOLICITATION NUMBER

PAGE OF PAGES

7. ISSUED BY CODE 8. THIS ACQUISITION IS

BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27

RATING

ORDER UNDER DPAS (15 CFR 700)

3. AWARD/

EFFECTIVE DATE ISSUE DATE

6. SOLICITATION

UNRESTRICTED OR SET ASIDE:

SMALL BUSINESS

SIZE STANDARD:

9. (AGENCY USE)

NO COLLECT CALLS

10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)

SUPPLIES SERVICES

11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN

CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT

PERIOD) FROM THE DATE SET FORTH IN BLOCK 9 ABOVE, THE CONTRACTOR

AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED

HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS

AND CONDITIONS STATED HEREIN.

CODE 12. ADMINISTERED BY

13. CONTRACTOR FACILITY 14. PAYMENT WILL BE MADE BY CODE CODE

OFFEROR CODE

TELEPHONE NO.

DUNS NO.

CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:

15. PROMPT PAYMENT DISCOUNT 16. AUTHORITY FOR USING OTHER

THAN FULL AND OPEN COMPETITION

10 U.S.C. 2304 41 U.S.C. 253

NEGOTIATED

(RFP)

SEALED BIDS

(IFB)

1 43

03/08/2018

Mgmt. Office Acquisition & Assist.

Not Applicable N/A

100.00 % FOR:

X

X x x

M/OAA/T

7200AA18R00037

NAICS:

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

8(A)

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOSB PROGRAM

EDWOSB

17.

ITEM NO.

18.

SCHEDULE OF SUPPLIES/SERVICES

19.

QUANTITY

20.

UNIT

21.

UNIT PRICE

22.

AMOUNT

0001 NO COST CONTRACT FOR FREIGHT FROWARDING SERVICES,

VESSEL CHARTERING, ETC.

27. SIGNATURE OF OFFEROR/CONTACTOR 28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

NAME AND TITLE OF SIGNER (TYPE OR PRINT) DATE SIGNED NAME OF CONTRACTING OFFICER DATE SIGNED

25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION

NUMBER SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS

OR CHANGES WHICH ARE SET FORTH HEREIN, IS

ACCEPTED AS TO ITEMS:

23. ACCOUNTING AND APPROPRIATION DATA 24. TOTAL AWARD AMOUNT

(FOR GOVERNMENT USE ONLY)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

STANDARD FORM 1447 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.214(d)

COPIES TO

TYPE OR PRINT NAME AND TITLE OF SIGNER

SIGNATURENAME AND ADDRESS OF FIRM (Include ZIP Code)

WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF ITEMS INVOLVEDWE DO

DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED

CANNOT MEET DELIVERY REQUIREMENT

OTHER (Specify)

UNABLE TO IDENTIFY THE ITEM(S)

CANNOT COMPLY WITH SPECIFICATIONS

PAGE

NO RESPONSE FOR REASONS CHECKED

43 2 OF

DATE AND LOCAL TIME

AFFIX

STAMP

HERE

TO:

FROM:

SOLICITATION NO.

Mgmt. Office Acquisition & Assist.

M/OAA/T

7200AA18R00037

STANDARD FORM 1447 (REV. 2/2012) BACK

Contents

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE

B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT

B.4 PRICE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 INTRODUCTION

C.2 OBJECTIVE

C.3 SCOPE OF WORK

SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (January 1993)

D.2 BRANDING STRATEGY, IMPLEMENTATION PLAN AND MARKING PLAN

D.3 BRANDING POLICY

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

E.2 52.246-14 INSPECTION OF TRANSPORTATION (APR 1984)

E.3 52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 PERFORMANCE STANDARDS

F.4 KEY PERSONNEL

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.3 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 AIDAR 752.225-70 SOURCE, ORIGIN AND NATIONALITY REQUIREMENTS (FEB 2012)

H.2 AUTHORIZED GEOGRAPHIC CODE

H.3 LOGISTIC SUPPORT

H.4 LICENSING REQUIREMENTS

H.5 LIMITATION ON OTHER NON-CONTRACT ACTIVITIES

H.6 USAID Disability Policy (DEC 2004)

H.7 EXECUTIVE ORDER ON TERRORISM FINANCING

H.9 Submission of Datasets to the Development Data Library (DDL) (October 2014)

H.10 USAID Implementing Partner Notices (IPN) Portal for Acquisition (July 2014)

H.11 Nondiscrimination (June 2012)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 52.204-7 System for Award Management (Oct 2016)

I.3 52.216-21 REQUIREMENTS (OCT 1995)

I.4 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2017)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 USAID FORM 1420-17 – Contractor Biographical Data Sheet (See Attached)

J.2 SF LLL – Disclosure of Lobbying Activities (See Attached)

J.3 USAID Reg 11 (22 CFR Part 211) (See Link)

J.4 Standard Charter Party and USAID Booking Note (See both Attached & Link)

J.5 Advanced Shipment Notification (See attached dual excel files)

J-6 International Shipment Log (See Attached)

J-7 Public Voucher for Purchases and Services Other Than Personal SF1034 (See Attached)

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERERS

K.1. NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2. 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS. (DEC 2014) 32

K.3. AUTHORIZED NEGOTIATORS:

K.4. SIGNATURE:

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 52.212-1 Instructions to Offerors—Commercial Items (Jan 2017)

L.3 52.233-2 SERVICE OF PROTEST (SEPT 2006)

L.4 GENERAL INFORMATION

L.5 INSTRUCTIONS FOR PREPARATION OF THE TECHNICAL PROPOSAL

L. 6 INSTRUCTIONS FOR PREPARATION OF THE BUSINESS PROPOSAL

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 GENERAL INFORMATION

M.2 DETERMINATION OF COMPETITIVE RANGE AND CONTRACTOR SELECTION

M.3 TECHNICAL EVALUATION

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide freight forwarding, vessel chartering and other logistical services for shipments of commodities in the form of food donation assistance to developing countries.

Such commodities will generally consist of either bulk grains or packaged agricultural products. The required services will be generally limited to USAID transportation contracts under the PL 480 Title II program. However, Contractor may also be required to provide such services for cargoes stemming from the programs listed in Section C.

B.2 CONTRACT TYPE

This is a requirements contract for freight forwarding, vessel chartering, cargo booking and other logistical services.

B.3 ESTIMATED COST, FIXED FEE, AND OBLIGATED AMOUNT

This is a no cost contract.

B.4 PRICE SCHEDULE

The required services are to be performed by the Contractor or any subcontractor (herein after referred to as "Contractor") without monetary compensation from the U.S. Agency for International Development (USAID). However, the Contractor is to receive commissions directly from the shipper’s contracted vessel owner, Non-Vessel Operating Common Carrier (NVOCC), air charterer, or other logistics provider based on a maximum of 2.5% as per CFR 22.211.4 and as directed by M/OAA/T.

Total commissions or other remuneration received on logistics and transportation contracts by all parties as a result of this contract shall not exceed two and one-half percent (2.5 %) of the gross freight. Said commission is determined by USAID and is to be payable by the contracted logistics or transportation provider. The Contractor must ensure that all tariffs, solicitations, contracts and charter rates reflect the correct commission percentage as determined by USAID and no more than a maximum two and one-half percent (2.5 %) commission. The current commission structure, subject to change, is 2/3 of 2.5%.

END OF SECTION B

REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 INTRODUCTION

C.1.2 Background Since June 1985, USAID has shared responsibility with the United States Department of Agriculture (USDA) in the administration and shipment of commodities under the Public Law 480 (P.L. 480) Title II food donation program. In addition, the Agricultural Trade and Assistance Act of 1954, as amended by Public Law 101-624, Agricultural Trade Development Act authorized the establishment of a revised Title III program of food donation assistance to least developed countries. An Executive Order dated February 25, 1991 transferred to USAID the responsibility to implement Titles II and III of the Act. USAID is therefore to administer all freight forwarding and vessel chartering responsibilities for the Title III program, for the bilateral portion of the Title II program, as well as for Private Volunteer Organizations (PVOs) that request this service be performed by USAID and those PVOs with unsigned agreements.

The Transportation Division within the Office of Acquisition and Assistance (M/OAA/T) is the principal office within USAID responsible for the administration of this activity.

The Title III program is currently unfunded, though may regain funding during the life of this contract. As such, it is likely that services rendered under this contract will be limited to cargoes mostly stemming from the Title II program. However, USAID may also require Contractor to provide freight forwarding, vessel chartering, and other logistics services for additional cargoes consisting of bulk grains, packaged agricultural products, coordination and contracting activities for inland transportation services and/or humanitarian equipment stemming from additional programs discussed below.

C.1.3 Title II The transportation element of the PL 480, Title II program is financed by the Commodity Credit Corporation/USDA and administered by USAID in accordance with USAID Regulation 11, 22 CFR Part

211. This program provides emergency food shipments in the form of bulk grains and processed, packaged commodities to various countries beyond the regular programmed shipments being made by the World Food Program and by the PVO community. Over fiscal year 2016, a total of approximately 1.8 million metric tons of food aid was booked for both liner and charter shipments under the Title II program with a total freight cost of $206,000,000. Without guarantee, it is expected that the tonnage programmed for the remainder of fiscal year 2018 and fiscal year 2019 for the Title II volumes should approach the same as the FY 2016 levels.

C.1.4 Title III The Title III program, as amended by the Act, replaces Section 206 of the old P.L. 480 Title II program.

This program, as legislated, provides for the utilization of program sources to promote, through commodity and local currency use, the privatization of food and agricultural systems in least developed countries. This program is currently unfunded.

C.1.5 Section 416(b) Section 416(b) of the Agricultural Act of 1949 was amended most recently in the 1985 Farm Bill. This program authorizes the Commodity Credit Corporation (CCC), an agency and instrumentality of the U.S.

Department of Agriculture, to donate surplus agricultural commodities to developing countries.

Currently, USDA’s Foreign Agricultural Service oversees the transportation of commodities under this program.

C.1.6 Food for Progress The Food for Progress Act of 1985 authorized the donation of, but not limited to, surplus commodities to support emerging democracies to expand free enterprise elements in their agricultural economies.

Currently, USDA’s Foreign Agricultural Service oversees the transportation of commodities under this program.

C.1.7 Office of Foreign Disaster Assistance (OFDA) USAID’s Bureau of Democracy, Conflict and Humanitarian Assistance’s Office of Foreign Disaster Assistance provides humanitarian aid in rapid response to global emergencies. M/OAA/T provides transportation and logistics services for the Office of Foreign Disaster Assistance. USAID will require freight forwarding services under this contract in support of OFDA operations, primarily on ocean shipments, though assistance with other logistics projects and procurements may be required by USAID in the future.

C.1.8 Other U.S. Government Programs When necessary and requested by USAID, Contractor may be requested to provide transportation, freight forwarding, logistics services, and freight and commodity procurement services under other USAID programs or under USAID interagency agreements with other U.S. Government entities. Such freight forwarding and procurement services may involve non-food items and other international development assistance or humanitarian assistance government programs.

Such requirements are not part of the “requirements contract” relationship between the contractor and USAID under the P.L 480 programs, but shall be performed in accordance with the standards and terms in this broader scope of work. If work is ordered under this clause, the contractor shall provide such other and further services usually and normally performed by purchasing and shipping agents in the regular course of business, in accordance with the best business practices for the work and services involved.

The contractor’s total compensation for the work and services provided under this clause, if any, shall be derived as follows:

For procured freight services: One percent (1 %) service fee on total freight, if any, payable to the contractor by the vessel owner in accordance with the terms of the freight contract, not to exceed $150,000 per individual contract. This service fee is in lieu of and shall replace any fee or commission which would otherwise be received by the contractor.

For procured commodities: Three quarters of one percent (0.75%) service fee on the total market value of all commodity contracts, if any, payable to the contractor by the supplier of the commodity in accordance with the terms of the commodity contract, not to exceed $150,000 per individual contract. This service fee is in lieu of, and shall replace any commission which would otherwise be received by the contractor.

The contractor shall not solicit or accept any fees or payments in connection with the work set forth in this clause, except as provided herein.

C.2 OBJECTIVE

The objective of this contract is to acquire the services of a contractor to perform freight forwarding, vessel chartering, and other logistics services under the aforementioned programs as well as other humanitarian aid programs as necessary and in accordance with USAID Regulation 11, 22 CFR Part 211.

(See Section J)

C.3 SCOPE OF WORK

In performance of this contract, the contractor shall provide freight forwarding, vessel chartering, inland freight services and other logistics services to USAID.

C.3.1 Procurement of Freight Packaged: For packaged agricultural products, Contractor is to assist in the freight forwarding and procurement of freight services as follows:

The contractor shall monitor the Web Based Supply Chain Management system (WBSCM) for upcoming Purchase Requisitions, noting the progression of each requisition through the various stages of approvals.

In addition, the contractor may be requested to initiate entries in WBSCM as directed by USAID. On a monthly basis, USDA’s Kansas City Commodity Office (KCCO) will list all cargoes which have received the necessary approvals in WBSCM and, as such, are due to be procured under the following monthly invitation. This information will be depicted within WBSCM. Contractor is to review the commodities within WBSCM’s invitation list and ensure that they correspond to approved commodity requests as detailed in WBSCM.

When USAID is the shipper, contractor is to provide USAID with a draft freight solicitation which shall include the following information:

- Solicitation number;

- Cargo type and quantity in metric tons

- Coastal load range(s), if specified

- Discharge port(s);

- Optional discharge ports, if any;

- Tonnage tolerance as agreed to by USDA;

- Loading and discharging terms;

- Vessel gear requirements;

- Loading / delivery dates;

- Any other applicable terms as directed by USAID.

Upon issuance of the invitation by USDA and approval of the freight solicitation by USAID, the contractor shall release the freight solicitation electronically to the USAID Ocean Transportation Internet Bulletin Board for posting and to distribution networks such as TNT Ticker, OsterDowJones and Reuters.

Upon closing of the solicitation, the corresponding freight offers will be collected in WBSCM and posted within the system. Contractor is to review freight offers and ensure that offers are technically acceptable according to the terms of the freight solicitation. If an offer is technically unacceptable, contractor is to alert USAID M/OAA/T as soon as possible and, if deemed necessary, advise the vessel owner (via their freight agent, if applicable) of the need to clarify their offer and/or notify the vessel owner that their offer is non- responsive. USDA will subsequently post the invitation award results via the Steamship Line Report and Award Summary in WBSCM. Contractor is to review the award results and advise USAID M/OAA/T in the case that posted award information does not correspond to the terms of the freight offer and solicitation. For solicitations issued outside of WBSCM, the contractor will release the freight solicitation as described above, collect offers, transmit offers to USAID, provide a recap of each offer received and identify any proposals that require clarification or may be technically unacceptable to USAID.

After USAID makes program and cargo preference decisions, contractor is to provide the successful vessel owners (carriers) with a freight booking confirmation reflecting contract terms and subject to final approval by USAID and USDA. For cargoes booked on U.S. flag vessels, USAID will liaise with the U.S. Maritime Administration (MarAd) concerning the calculation and issuance of fair and reasonable guideline rates when applicable. Contractor is to advise vessel owner of any reduction necessary to meet the issued guideline rate and is to receive vessel owner’s concurrence to the reduction. Upon receipt of final USAID and USDA approval, Contractor is to provide the vessel owner with a completed booking note for signature. The booking note shall reflect the terms and conditions of the freight solicitation and must be in accordance with the U.S. Food Aid Booking Note for Packaged Commodities, dated May 1, 2004, unless updated and officially released by USAID and USDA, then in accordance with the terms and conditions of the updated U.S. Food Aid Booking Note for Packaged Commodities. Upon signature by vessel owner, Contractor shall forward the booking note to USAID for countersignature by the responsible USAID Contracting Officer. USAID will return a fully-executed copy to contactor for subsequent dispatch to vessel owner.

C.3.2 Procurement of Freight Bulk: For bulk products, contractor is to assist in the procurement of freight as follows:

Contractor will monitor WBSCM for upcoming commodity requests, noting the progression of each request through the various stages of approval. In addition, contractor may be requested to initiate entries in WBSCM as directed by USAID. Once cargoes receive the necessary approvals in WBSCM, contractor is to communicate with USAID and USDA for the purpose of scheduling necessary dates for issuance and closing of the freight solicitation, as well as appropriate laydays in order to meet the necessary delivery schedule. Upon conclusion of these discussions, USAID will provide contractor with a preview of the invitation.

Contractor is to provide USAID with a draft freight solicitation which shall include the following information:

- Solicitation number;

- Cargo type and quantity in metric tons;

- Coastal load range(s) if specified;

- Discharge port(s);

- Tonnage tolerance as agreed to by USDA;

- Loading and discharging terms;

- Vessel gear requirements;

- Loading / delivery dates;

- Any other applicable terms as directed by USAID.

Upon issuance of the invitation by USDA and approval of the freight solicitation by USAID, the contractor shall release the solicitation electronically to the USAID Ocean Transportation Internet Bulletin Board for posting and to distribution networks such as TNT Ticker, OsterDowJones and Reuters.

Upon closing of the solicitation, the corresponding freight offers will be collected by the contractor and emailed to USAID and USDA. In addition, contractor is to provide USAID and USDA with a recap of all offers received. Contractor is to review freight offers and ensure that offers are technically acceptable according to the terms of the freight solicitation. Should the possibility exist that an offer is technically unacceptable, contractor is to alert USAID M/OAA/T as soon as possible and, if deemed necessary, advise vessel owner of the need to clarify their offer and/or notify the vessel owner that their offer is non-responsive.

After USAID makes program and cargo preference decisions, contractor is to provide the successful vessel owners (carriers) with a freight fixture confirmation reflecting contract terms and subject to final approval by USAID and USDA. For cargoes booked on U.S. flag vessels, USAID will liaise with MarAd concerning the calculation and issuance of fair and reasonable rates when applicable. Contractor is to advise vessel owner of any reduction necessary to meet the issued guideline rate and is to receive vessel owner’s concurrence to the reduction. Upon receipt of final USAID and USDA approval, Contractor is to provide the vessel owner with a completed charter party for signature. The charter party shall reflect the terms and conditions of the freight solicitation and the applicable USAID proforma charter party. Upon signature by vessel owner, Contractor is to ensure that the charter party is forwarded to USAID for countersignature by the responsible USAID Contracting Officer. USAID will return a fully-executed copy to contactor for subsequent dispatch to vessel owner.

C.3.3 Coordination For all cargoes, contractor shall coordinate with the appropriate offices within USAID and USDA to ensure the continuous flow of commodities within the prescribed timeframe. This includes both verbal and written communications, as well as coordination through established online systems such as WBSCM. Contractor may also be required to provide shipment status updates and other pertinent information to various cargo receivers, including PVOs, NGOs and PIOs. Contractor may be required to provide overseas commodity tracking services regarding PIO, PVO, and NGO commodity and freight procurement. In addition, contractor shall provide the following parties with pertinent fixture details upon final freight award:

1. USAID Internet Bulletin Board.

2. USDA/KCCO.

3. U.S. Maritime Administration (U.S. flag vessels only).

4. Additional news sources or other acceptable advertising medium.

C.3.4 Documentation Contractor is responsible for ensuring that all freight documentation related to the commodity movement from the point where cargo is made available for shipment to the port of discharge or final inland destination, as appropriate, is properly reviewed, issued, distributed and compiled. This shall include, but not necessarily be limited to, such documents as charter parties, booking notes, certificates of origin, bills of lading, export declarations, export certifications for commodities, overage/shortage and damage/claim reports as follows:

1. Assuring that all charter parties and booking notes are prepared, reviewed as to accuracy and correctness, signed by the vessel owner and submitted to USAID for approval and signature.

2. Where required, requesting and ensuring that a Phytosanitary Certificate is issued by the Animal Plant Health Inspection Service Plant Protection Quarantine (USDA/APHIS PPQ) and distribute as appropriate. If the importing country requires the fumigation to be witnessed and requires that the Phytosanitary Certificate indicate that the fumigation was witnessed, the Contractor shall be responsible for ensuring that the fumigation is witnessed by the Federal Grain Inspection Service (FGIS). The contractor shall coordinate with FGIS to issue the necessary letter so that USDA/APHIS PPQ can issue the Phytosanitary Certificate with the statement that FGIS witnessed the fumigation.

3. Whenever necessary (i.e., for animal products), ensuring that a Sanitary Certificate is issued by the Animal Plant Health Inspection Service (USDA/APHIS) and distribute as appropriate.

4. Electronically preparing the Electronic Export Information (EEI), as per Department of Commerce’s instructions, and issuing the EEI in the Automated Export System (AES) within the required time frame.

5. Coordinate with the vessel owner to produce the ocean bills of lading (OBLs), stamped "on board," to be signed and dated by the vessel owner or its authorized agent. The Contractor shall be responsible for verifying all vessel lifting data, and for ensuring that the vessel name, flag registration, and quantities/tonnages are correct, as evidenced by supporting documents. The Contractor shall distribute OBLs to oversees consignees and as directed by USAID. All OBLs must be freighted.

6. Submit vessel lifting information and discharge dates to USDA for use in coordinating outturn surveys pursuant to USAID regulations (lifting wire).

7. Monitoring the flow of documentation related to any the domestic inland transit for packaged commodities. The Contractor shall be responsible for evaluating the shipper's count versus the receiver's tallies, and accounting for losses due to railroad handling or stevedoring losses.

8. The Contractor will review the International Shipment log in WBSCM to ensure all information is complete and accurate. The International Shipment Log shall contain shipment- by-shipment information and detail railcar, truck or container information from inland bills of lading, dock receipts, and Good Quantity, Rejected Quantity, Over Quantity, and Damage Quantity. The forwarder shall forward to USDA/KCCO OBLs, any supporting documentation that supports final OBL quantities, and the charter party or booking note as soon as possible upon receipt of necessary documentation.

9. The contractor shall access and enter OBL, shipment, and other information as required into USAID’s on line data base.

C.3.5 Railcars If necessary, contractor may be required to call forward railcars within the port area and coordinate cargo unloading (at the shed or pier designated by the vessel owner) with port authorities and the ship's agent to ensure the smooth and timely flow of cargo to the vessel with appropriate follow-up documentation.

KCCO will continue to issue shipper's instructions, coordinate inland cargo movement to the port, and act as the liaison between contractor and the commodity supplier.

C.3.6 Inspections Contractor is to coordinate in the arrangement of cargo inspections as directed by USAID.

C.3.7 Freight Payment Documentation The Contractor shall obtain from the vessel owners, or their appointed agents, a fully completed Standard Form 1034, Public Voucher for Purchases and Services Other Than Personal (See Section J), supported by the following documents: certified and rated onboard bill of lading(s) with standard certification; signed copy of the charter party or booking note and any addenda thereto; a certified copy of tariff page with tariff page certification on packaged cargoes; copies of Contractor's paid commission invoice; signed copies of the weight certificate and the vessel hold inspection certificate; vessel inspection certificate issued by National Cargo Bureau; and container inspection and/or fumigation certificates, where required.

The documentation shall also include notice of the vessel’s arrival at the first port of discharge. Prior to submitting the required ocean freight payment documentation to USAID, the Contractor shall review documentation and ensure that all the certifications have been made, all the documents have been furnished, and that the vessel owners have fulfilled all the requirements as mandated by the covering charter party or liner booking note. The foregoing documentation shall be submitted to USAID within 2 working days after the Contractor's receipt thereof, for USAID's approval and transmittal for payment.

C.3.8 Agents Contractor is to coordinate with cargo agents in the ports of discharge and/or destination countries as required.

C.3.9 Claims If required, the Contractor shall assist USAID and the KCCO Claims and Collections Division in settling cargo/vessel claims, as directed by USAID.

C.3.10 Laytime Analysis For any bulk cargoes in which the ocean freight is contracted basis Free Out discharge terms, contractor is to collect from the vessel owner a copy of the relevant statement of facts, notice of readiness to discharge and owner’s or master’s laytime statement. Contractor is to review said laytime statement and advise USAID as to its accuracy.

C.3.11 Preposition Commodities USAID prepositions packaged commodities in several warehouses currently located, without guarantee, in, Djibouti, Durban, and Houston Tanjung Pelapas,. Contractor may be required to provide additional freight forwarding and logistics services related to these cargoes, including assistance in arranging for phytosanitary documentation, without cost to the Government.

C.3.12 Reporting Requirements With reference to above, the contractor shall maintain and continuously update a computerized reports and data management system, which is capable of producing reports described below. The terms and conditions of Alternate III of the clause of this contract entitled "Rights in Data - General, (FAR 52.227-

14) apply to the reports and data management system. At the expiration of this contract, the Contractor shall deliver to USAID all of the data included in the reports and data management system in an electronic CD or DVD format and in a file format compatible with USAID IT systems.

1. Vessel Charter Party Fixture/Booking Note Report - This report shall be a summary of the booking arrangements made by the Contractor for each cargo movement. The report shall list the relevant terms of the booking, including, but not necessarily limited to, Transfer Authorization (TA), commodity, vessel name, tonnage, packaging load/discharge ports and dates, USAID program sponsor, and destination country by USAID geographical world areas (Africa (AFR), Latin America and the Caribbean (LAC), Eastern Europe (EE or EUR), Central Asia and the Near East.

2. Daily Vessel Status Report - Updated daily, this report shall contain a summary of cargo currently in the market awaiting fixture, cargoes being loaded, discharged, in-transit, and booked cargoes. This report shall contain basic fixture information and relevant changes, such as vessel substitutions and loading or discharge dates updates, etc.

3. Commission Report - This report shall summarize the Contractor's commissions received up to the date that the report is prepared. This report shall reflect cargo description and tonnage, ocean freight revenue, commission fee paid, and amounts of commissions, if any, shared with other freight forwarders, agents or brokers.

4. Cargo Preference Report/Destination -This report shall monitor U.S. Government cargo preference requirements for the shipment of USAID cargoes made by the Contractor. This report shall contain an analytical profile of U.S. and foreign flag cargo preference data for each specific country participant, and on a worldwide grand total basis. The report shall include cargo description and tonnage, referenced by the Contractor's shipment number, freight rate, and freight revenue figures, and U.S./foreign flag percentages and participation in various categories of commodities.

5. Composite Status Report - This report shall summarize each cargo booking by TA, Contractor's Reference No. (assigned to all shipments), along with USAID’s Acquisition and Assistance number and shall consist of a one-line entry per shipment covering USAID contract number, USAID Transfer Authority No., vessel name , commodity description and packaging, tonnage, booked freight rate, load/discharge port, USAID destination country, and vessel loading status.

6. Contractor Booked Rate Summary - The purpose of this report is to account for ocean freight differentials and freight savings for each shipment. Data to be entered are: U.S. and foreign flag rates, commodity and packaging, vessel owner offered/booked rate, actual freight cost, U.S. flag differential cost, and freight savings.

The contractor shall provide USAID with direct access to download these reports from the contractor's database.

C.3.13 Meeting and Conference Calls The contractor may be required to participate in meetings or conference calls to address freight forwarding, logistics or other issues as appropriate.

C.3.14 Location The contractor shall perform the booking and chartering functions under this contract in an office located in the 48 contiguous states of the United States of America with operating hours between 0800 and 1800 hours Eastern Time to facilitate contract management and implementation. USAID has a preference for a contactor facility and team based and located in the Washington D.C. area.

END OF SECTION C

SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (January 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

(c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

(d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the Contracting Officer; the original should be retained by the Contractor.

D.2 BRANDING STRATEGY, IMPLEMENTATION PLAN AND MARKING PLAN

The cover page of all report deliverables required in Section F. must include the USAID Identity (or the name of the Agency written out) prominently displayed, the Contract number (see the cover page of this Contract), contractor name, name of the USAID project office, the publication or issuance date of the document, document title, author name(s), project number, and project title. Descriptive information is required whether contractor-furnished products are submitted in paper or electronic form. All materials must include the name, organization, address, and telephone/fax/internet number of the person submitting the materials.

D.3 BRANDING POLICY

Markings under this contract shall comply with the USAID “Graphic Standards Manual available at www.usaid.gov/branding <http://www.usaid.gov/branding> or any successor branding policy.

END OF SECTION D

http://www.usaid.gov/branding

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place within the Washington, D.C. metro or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COR listed in Section G has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

E.2 52.246-14 INSPECTION OF TRANSPORTATION (APR 1984)

The Government has the right to inspect and test the Contractor's services, facilities, and equipment at all reasonable times. The Contractor shall furnish Government representatives with the free access and reasonable facilities and assistance required to accomplish their inspections and tests.

E.3 52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection or inspection and acceptance have occurred.

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

(d) The certificate shall read as follows:

"I certify that on [insert date], the [insert Contractor's name] furnished the supplies or services called for by Contract No.

via [Carrier] on [identify the bill of lading or shipping document] in accordance with all applicable requirements.

I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document."

Date of Execution:

Signature:

Title:

END OF SECTION E

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

F.2 PERIOD OF PERFORMANCE

The period of performance for this contract is one base years with four one-year government options.

F.3 PERFORMANCE STANDARDS

Evaluation of the Contractor's overall performance will be conducted jointly by the COR and the Contracting Officer, and shall form the basis of the Contractor's permanent performance record with regard to this contract.

F.4 KEY PERSONNEL

A. The key personnel whom the Contractor shall furnish for the performance of this contract are as follows:

Title Name

1. Overall Project Manager TBD

2. Cargo Booking & Freight Forwarding Manager TBD

3. Charter Manager TBD

A (1) Overall Project Manager - The Contractor shall designate a Project Manager who will be responsible for the overall administration, supervision and coordination of the performance of this contract. The Project Manager shall have at least five (5) years’ experience in the management of ocean freight services for agricultural commodities.

A (2) Cargo Booking & Freight Forwarding Manager - The Contractor shall provide a full-time Cargo Booking and Freight Forwarding Manager, who shall be stationed at the Contractor's area office.

The Cargo Booking and Freight Forwarding Manager shall have at least three (3) years’ experience in freight forwarding and booking services.

A (3) Charter Manager - The Contractor shall provide a full-time Charter Manager who shall be responsible for ensuring that all bulk grain and liquid charters meet the criteria required to carry out a successful voyage, including but not limited to the following: (a)preparation of the freight solicitation for the proper vessel considering commodity type and discharge port(s); (b)cargo tonnage, commodity, load and discharge port(s) are described in accordance with customary tolerances terms and laydays; (c)negotiation of proper deviation costs, if required; (d)regular tracking and reporting of vessel's itinerary and estimated times of arrival/departures; (e)negotiation of general average, if necessary. The Charter Manager shall have at least five (5) years’ experience in charter management.

B. All key personnel shall be required to submit a "Procurement Integrity Certification for all Procurement Officials" to the Contracting Officer before commencing performance under this contract and shall be required to comply with Subsection 27(a), (b) and (d) of the Office of Federal Procurement Policy Act (41 U.S.C. 423), as amended.

C. The personnel specified above are considered to be essential to the work being performed hereunder.

Prior to replacing any of the specified individuals, the Contractor shall immediately notify both the Contracting Officer and USAID’s Contracting Officer’s Representative reasonably in advance and shall submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No replacement of personnel shall be made by the Contractor without the written consent of the Contracting Officer.

D. Other Non-Clerical Personnel: The Contractor shall provide other non-clerical personnel, who are experienced in forwarding, booking and chartering the delivery of ocean commodities as necessary for full, complete and effective performance of this contract. Such personnel shall have at least one full year experience in freight forwarding and booking services.

END OF SECTION F

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

The Administrative Contracting Office is:

Georgia Fuller US Agency for International Development Office of Acquisition and Assistance

M/OAA/RM

301 C. Street SW -5th Floor Rm 506-G Washington, D.C. 20523

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer’s Representative will be appointed at the time of award through a COR delegation letter.

G.3 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

(a) Technical Directions is defined to include:

(1) Written directions to the Contractor which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work;

(2) Provision of written information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work statement;

(3) Review and, where required, provide written approval of technical reports, drawings, specifications, or technical information to be delivered. Technical directions must be in writing, and must be within the scope of the work as detailed in Section C.

(b) The COR is authorized by designation to take any or all action with respect to the following which could lawfully be taken by the Contracting Officer, except any action specifically prohibited by the terms of this Contract:

(1) Assure that the Contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications.

(2) Perform or cause to be performed, inspections necessary in connection with a) above and require the Contractor to correct all deficiencies; perform acceptance for the Government.

(3) Maintain all liaison and direct communications with the Contractor. Written communications with the Contractor and documents shall be signed as "Contracting Officer’s Representative " with a copy furnished to the Contracting Officer.

(4) Issue written interpretations of technical requirements of Government drawings, designs, and specifications.

(5) Monitor the Contractor's production or performance progress and notify the Contractor in writing of deficiencies observed during surveillance, and direct appropriate action to effect correction. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays or problems.

(6) Obtain necessary security clearance and appropriate identification if access to Government facilities is required. If to be provided, ensure that Government furnished property is available when required.

LIMITATIONS: The COR is not empowered to award, agree to, or sign any contract (including delivery or purchase orders) or modifications thereto, or in any way to obligate the payment of money by the Government. The COR may not take any action which may impact on the contract schedule, funds, scope or rate of utilization of LOE. All contractual agreements, commitments, or modifications which involve prices, quantities, quality, schedules shall be made only by the Contracting Officer.

(c) The COR is required to meet quarterly/semi-annually/annually with the Contractor and the Contracting Officer concerning performance of items delivered under this contract and any other administration or technical issues. Telephonic reports may be made if no problems are being experienced. Problem areas should be brought to the immediate attention of the Contracting Officer.

(d) In the absence of the designated COR, the COR may designate someone to serve as COR in their place. However, such action to direct an individual to act in the COR's stead shall immediately be communicated to the Contractor and the Contracting Officer.

(e) Contractual Problems - Contractual problems, of any nature, that may arise during the life of the contract must be handled in conformance with specific public laws and regulations (i.e. Federal Acquisition Regulation and Agency for International Development Acquisition Regulation). The Contractor and the COR shall bring all contracting problems to the immediate attention of the Contracting Officer. Only the Contracting Officer is authorized to formally resolve such problems.

The Contracting Officer will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The Contracting Officer is the sole authority authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

These changes include, but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the Contractor effects any changes at the direction of any other person other than the Contracting Officer, the change will be considered to have been made without authority.

END OF SECTION G

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 AIDAR 752.225-70 SOURCE, ORIGIN AND NATIONALITY REQUIREMENTS (FEB 2012)

(a) Except as may be specifically approved by the contracting officer, the contractor must procure all commodities (e.g.,equipment, materials, vehicles, supplies) and services (including commodity transportation services) in accordance with the requirements at 22 CFR part 228 “Rules on Procurement of Commodities and Services Financed by USAID.” The authorized source for procurement is Geographic Code 937 unless otherwise specified in the schedule of this contract.

Guidance on eligibility of specific goods or services may be obtained from the contracting officer.

(b) Ineligible goods and services. The contractor must not procure any of the following goods or services under this contract:

(1) Military equipment;

(2) Surveillance equipment;

(3) Commodities and services for support of police and other law enforcement activities;

(4) Abortion equipment and services;

(5) Luxury goods and gambling equipment; or

(6) Weather modification equipment.

(c) Restricted goods. The contractor must obtain prior written approval of the contracting officer or comply with required procedures under an applicable waiver as provided by the contracting officer when procuring any of the following goods or services:

(1) Agricultural commodities;

(2) Motor vehicles;

(3) Pharmaceuticals and contraceptive items;

(4) Pesticides;

(5) Fertilizer;

(6) Used equipment; or

(7) U.S. Government-owned excess property.

If USAID determines that the contractor has procured any of these specific restricted goods under this contract without the prior written authorization of the contracting officer or fails to comply with required procedures under an applicable waiver as provided by the contracting officer, and has received payment for such purposes, the contracting officer may require the contractor to refund the entire amount of the purchase.

H.2 AUTHORIZED GEOGRAPHIC CODE

The authorized geographic(s) code for procurement of goods and services under this contract is: 000.

H.3 LOGISTIC SUPPORT

The Contractor shall be responsible for all logistic support to perform this contract.

H.4 LICENSING REQUIREMENTS

The Contractor must be accredited or authorized to act as a licensed freight forwarder or be associated with a licensed freight forwarder through a subcontract relationship. Offerors are to provide a copy of the freight forwarding license along with their proposal.

H.5 LIMITATION ON OTHER NON-CONTRACT ACTIVITIES

In accordance with Section 407.d.3.