Combined Synopsis No.19GE5022Q0006.pdf

COMBINED SYNOPSIS & SOLICITATION

United States General Consulate Chiang Mai, Thailand

Delivery of new 4x4 Pickup Trucks

SOLICITATION NO. 19GE5022Q0006

Issued by:

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

Solicitation No. 19GE5022Q0006 U.S. General Consulate Chiang Mai, Thailand

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November 19, 2021

COMBINED SYNOPSIS AND SOLICITATION (BRAND NAME OR EQUAL)

SOLICITATION No. 19GE5022Q0006

SECTION I - THE SCHEDULE

1.1 BACKGROUND / SCOPE OF SERVICES

On Behalf of the Drug Enforcement Administration (DEA) of the U.S. Department of State, General

Consulate Chiang Mai, the American Consulate General Frankfurt hereby provides the following

Combined Synopsis and Solicitation for the Delivery of new two (2) Pickup Trucks at the U.S.

General Consulate Chiang Mai, Thailand.

The evaluation of offers will be based on the Lowest-Priced, Technically Acceptable (LPTA) approach.

Vendor shall be responsible for all import documentation, customs clearance and for obtaining all documents required. The vehicles must be delivered to the General Consulate Chiang Mai.

1.2 SYNOPSIS

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

This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

The solicitation number is 19GE5022Q0006 and is issued as a Request for Quotation (RFQ), unless otherwise indicated herein.

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

Federal Acquisition Circular FAC 2021-07, effective date 9-10-2021

AMERICAN CONSULATE GENERAL

Regional Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main

Germany

Tel: (49) 69 7535 3337

E-mail: PerezAcevedoA@state.gov

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1.3 TYPE OF CONTRACT

The Government intends to award a single, firm fixed-price purchase Order payable entirely in the currency indicated in Section 2 - Pricing to the responsible offeror whose offer is evaluated as the lowest-priced and technically acceptable.

The total price shall include all items, equipment, delivery charges, labor, materials, overhead, profit, insurance, and all other expenses necessary to deliver the required equipment (items). No additional sums will be payable on account of any escalations in the cost of materials, equipment, or labor, or because of the Contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in currency exchange rates.

1.4 TERM OF CONTRACT:

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

2. SUPPLIES AND PRICES

The Contractor shall provide to the U.S. Government new two Pickup trucks (vehicles) as described in the specifications for the stated firm fixed price. Further, the Contractor shall properly perform pre-delivery inspection on the vehicles and deliver them to the location set forth in Sub-Section 8 and Subsection 3, Place of Delivery, of this contract. The firm fixed price shall include the vehicles, pre-delivery inspection, and transportation to their ultimate destination, certificates of origin, operator’s manuals, warranty certificates, and any other documentation mandated by the destination country in accordance with Sub-Section10, Other Specific Requirements and subsection 12, of this contract. All manuals shall be furnished in the English language.

2.1 PRICING DATA

The offeror shall insert his price for the line items no. 0001-0003 below, and the detailed list of the required items specified in Section I, Sub-Section 4. List of Vehicles required and Sub Section 22

List of attachments.

Contractor shall state in which currency the quotation is made in; Sub-Section 2.2 below.

CLIN Short Description Unit Quantity Unit Price Total Price

0001 Pickup Truck Ford Brand name or equal

Each 2

0002 VAT 7% Lot 1

0003 C.I.F. Shipping costs including all delivery related costs (Import tax, Lot 1

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GRAND TOTAL FIRMED FIXED PRICE

* All shipping related costs including but not limited to customs clearance costs shall be included into delivery cost indicated in CLIN 0003

**See Section 2.3.VAT

2.2 CURRENCY

The currency shall be fixed and cannot be changed by modification to the contract.

The contract will be issued in the currency, the price proposal has been quoted in.

Currency: (Please insert currency of the offer)

2.3 VAT / TAXES AND DUTIES:

The contractor shall be responsible paying to the appropriate authority, the applicable rate of Value

Added tax. If applicable, offerors shall identify Valued Added Taxes (VAT) as a separate Item

Line CLIN 0002 in Sub-Section 2. Pricing.

The contractor will be reimbursed for VAT only to the extend listed in the contract and upon contractor provides documentary proof that VAT has been paid to the host Government against a valid registration number and only up to the amount quoted in Sub-Section 2 - Pricing. Any refund to the contractor shall be paid over to the Government to the extent the Government reimbursed the contractor for VAT payment.

NOTE: The Consulate will provide tax exempt documents upon award. The U.S General Consulate

Chiang Mai will need either proforma invoice or commercial/tax invoice in order to get tax exemption certificate from ministry of foreign affairs. VAT exemption document will be processed through the Thai Ministry of the Foreign Affairs for the order above THB 5,000 for local VAT registered contractor under Section 82/3 of Thai Revenue Code only. The vendor will receive the document within 150 days after invoice is received.

2.4 MANUFACTURE (BRAND) / MODEL IDENTIFICATION

The proposed vehicle is of the following manufacture and model name / number (please insert below the manufacture and model name/number of the vehicle.

CLIN MANUFACTURE (BRAND) MODEL NAME / NUMBER

2.5 BASIS OF PRICE

The Contractor shall provide a copy in English of the applicable manufacturer’s commercial warranty for the vehicle covered by such a warranty at no additional cost to the Government.

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The price of all Vehicles shall include their transportation C.I.F. Destination basis in accordance with, Section II 52.247-42 C.I.F. Destination (APR 1984), of this solicitation.

3. DELIVERY

3.1 DELIVERY PLACE

Delivery shall be made C.I.F. Destination as soon as possible but not later than one hundred and fifty (150) calendar days from the date of contract award. The vendor shall provide valid import certificate and all documents required by the Government of Thailand for the successful registration by the end user.

The contractor shall deliver to:

Attention: TBD

U.S. Consulate Chiang Mai

387 Witchayanond Road, Muang, Chiang Mai 50300

The vehicles shall be delivered C.I.F. Destination basis in accordance with, Section II 52.247-42

C.I.F. Destination (APR 1984), of this solicitation.

Delivery must be made during operating hours, Monday – Friday, 08.00-11.00 hrs. and 13.00-16.00 hrs.

Contractor must provide full name of pickup/delivery personnel with government identification number and vehicle details to our Point of contact to process access request at least one business day in advance.

Note: Exact POC at the U.S. Consulate Chiang Mai will be provided at the time of Award

3.2 DELIVERY SCHEDULE

The offeror shall propose a binding delivery schedule for all two (2) vehicles to the final destination

Chiang Mai, Thailand. The delivery schedule shall be expressed in calendar days based on the date of the order award.

3.3 DELIVERY COORDINATION:

The Contractor shall coordinate the delivery with the COR for this Contract. Import certificate, any and all documents for the items being delivered shall be sent to the COR prior to delivery.

POC/COR contact Details as per Sub Section 10 and Sub Section 12

4. STATEMENT OF WORK (SOW)

4.1 SCOPE OF SERVICES

As per Specifications set forth below and attachments Exhibit A Utility Vehicle Questionnaire

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4.1 CLIN 0001 2 - 4x4 Pickup Truck (Brand Name or equal)

The vehicles are to be registered under the Royal Thai Police Head Quarter name and delivered to

Chiang Mai province. Pickup Truck for use with transportation of people and equipment on road and off road

The offerors proposed items shall meet the following minimum specifications:

Specifications:

• Brand name or equal: Ford Ranger Raptor X 2.0 Twin Turbo

• Pick-up Truck

• 4x4 wheel Drive

• 4 Door

• 10 Speed Automatic Transmission

• Diesel Fuel

• 5 Seater

• Power windows/ locks

• 2.0L Bi-Turbo Engine

• 4 Cylinder

• Intercooler

• Anti Roll Bar

• Air Conditioning

• Radio with Bluetooth

• Power Steering

• 6 Airbags

• Advance driver Assist technologies

• 17” Alloy Wheels with spare tire

4.4 MANUAL OF INSTRUCTIONS

Manuals shall be furnished in English or Thai language.

4.5 DELIVERY SCHEDULE /PERIOD OF PERFORMANCE

All Equipment must be delivered to U.S. Consulate Chiang Mai not later than 150 days from the date of contract award.

5. COMPLIANCE WITH SPECIFICATIONS:

The offerors shall prepare and submit with their offer, for the proposed vehicle model, a detailed matrix indicating that the specifications of the vehicle offered are in compliance with the required minimum specifications set forth in Sub-Section 4 Description/Specifications of Vehicles, and Sub

Section 22 List of attachments of this solicitation. Any deviations to the required minimum specifications shall be clearly stated in the remark’s column.

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As supplement to the specification data of the proposed vehicle model, Offerors shall also provide with their offer Product literature and/or catalog; from the manufacturer or a third party (i.e., clearly identifying the source)

Failure to provide this information will result in a ‘non- responsive’ offer and removal from award consideration.

5.1 DESCRIPTIVE LITERATURE

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

6. WARRANTY

The offeror shall provide with its offer the detailed warranty provisions that will be applicable for the subject vehicles in Thailand.

The Contractor agrees that the vehicles furnished under this contract shall be covered by the most favorable manufacturer’s commercial warranty the Contractor gives to any customer for such vehicles and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

The Contractor shall provide a copy in English of the applicable manufacturer’s commercial warranty with each vehicle covered by such a warranty at no additional cost to the Government.

a) Warranty terms: __________ months, or ________________ Km, whichever comes first (to be inserted by the offeror).

b) Period of availability of repair parts: _________ years (to be inserted by the offeror).

The Contractor shall further provide, at the time of delivery of each vehicle, a list of the manufacturer’s authorized workshop(s) in Chiang Mai Province, Thailand are capable of providing local maintenance and supplying spare parts for the proposed vehicle model.

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6.1 WARRANTY MINIMUMS

Minimum of 2 Years or 100,000 Kms whichever comes first

7. AFTER SALES SERVICES

The offeror should have a complete setup within Thailand to provide facility for repair, maintenance

& spares of the offered vehicles specifically in Chiang Mai province.

7.1 MINIMUM AFTER SALES REQUIREMENTS

The offered brand should have at least one 3S dealership in Thailand. The offeror shall provide complete contact detail.

The facility shall have complete range of repair services to include but not limited to routine maintenance, engine repair, mechanical, body shop and paint shop.

The spare parts for the offered brand should be available in abundance from the independent parts dealers in Chiang Mai Province and major cities of Thailand. The offeror shall provide the data of these independent parts dealer

The 3S facility should be the main point of contact for warranty claims.

8. CONDITION FOR DELIVERY OF VEHICLES

The vehicles shall be supplied in drive-away condition, to include all fluid levels in normal operating ranges and delivered to the U.S Consulate Chiang Mai.

9. INSPECTION & 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.

9.1. INSPECTION AND ACCEPTANCE OF VEHICLES

The inspection and acceptance of vehicles shall be performed by the U.S. Government upon their receipt at the U.S Consulate Chiang Mai, Thailand. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of the vehicles, and upon presentation of the vehicle titles or certificates of origin to the Office U.S Consulate Chiang Mai, Thailand.

10. OTHER SPECIFIC REQUIREMENTS:

10.1 If applicable, the Contractor shall comply with all import requirements mandated by the government / kingdom of Thailand. Furthermore, the Contractor shall provide all the necessary documentation required by the host country and the U.S. Consulate Chiang Mai in order to take possession and make use all delivered vehicles.

10.2 All manuals and literature shall be in the English or Thai language

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10.3 Providing existence of an import certificate valid on the date the vehicle originally arrived in

Thailand.

10.4 Successful contractor must provide to the COR either proforma invoice or commercial/tax invoice in order to get tax exemption certificate. VAT exemption document will be processed through the Thai Ministry of the Foreign Affairs for the order above THB 5,000 for local VAT registered contractor under Section 82/3 of Thai Revenue Code only. The vendor will receive the document within 150 days after invoice is received.

10.5 Successful contractor is responsible for all the shipping and handling, duties, insurance, storage, demurrages, Port clearances etc. charges to pay and accepts risk of loss of goods.

11. SHIPPING COSTS

Delivery shall be made C.I.F. Destination including all related costs.

If the vendor is international (located outside Thailand) all related shipping costs and shipping mode to U.S. Consulate Chiang Mai, Thailand shall be included into the proposal and under Section I-

Subsection 2 Pricing.

International vendors are solely and fully responsible for custom clearance costs, acquiring import certification and providing existence of an import certificate valid on the date the vehicle originally arrived in Thailand. The vendor shall provide valid import certificate and all documents required by the Government of Thailand and the Royal Thai Police for the successful registration by the end user.

The Contractor shall consolidate the entire shipment to prevent loss and misdirection. The contractor upon notification shall replace any lost or damaged items during shipment.

12. MARKING AND SUBMISSION OF DOCUMENTS

12.1 All vehicles and associated documents shall be labeled and marked for, and the shipping documents including, valid import certificate, original bills of lading, and vehicle titles or certificates of origin, shall be delivered to the American Consulate Chiang Mai, Thailand. The vendor shall coordinate delivery with the COR or the POC.

The COR will provide the completed delivery addresses for the locations in: Chiang Mai, Thailand upon award

12.2 In case of import: valid import certificate, original bill of lading, vehicle titles/certificate of origin shall be sent to the COR or the POC.

In case of local vendor: proforma invoice or commercial/tax invoice shall be sent to the COR or the

POC

U.S. Consulate Chiang Mai

387 Witchayanond Road, Muang, Delivery of New Pickup Trucks Page 9 of 29

Chiang Mai 50300

COR: TBD

Tel: TBD

Fax: N/A

E-Mail: TBD

13. PLACE OF PERFORMANCE

The Contractor’s place of performance for this contract is:

(To be inserted by the offeror)

14. AUTHORIZED POINT OF CONTACT

Provide a contact person(s) who has the authority to obligate the offeror’s company, with telephone number(s) and e-mail address

15. PAST PERFORMANCE

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

(A) Customer's name, address, and telephone numbers

(B) Type(s) and category (ies) of vehicles;

(C) Contract number;

(D) Contract dollar value; and

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

16. PAYMENT

Payment will be made through Electronic Funds Transfer (EFT) into Company’s bank account within thirty days after delivery and acceptance of the vehicles and upon submission of legitimate invoice in accordance with Federal Acquisition Regulation FAR32.9 “Prompt Payment

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16.1 INVOICE SUBMISSION

(a) Invoice(s) in original shall be submitted via email to the POC at U.S Consulate Chiang Mai for approval and to the invoice address in block #21

E-Mail: TBD

(b) Please ensure that the referenced “Order Number”, in block 3, is stated on all invoices and correspondence relating to this order.

(c) Invoices shall include the items listed in Section 2, FAR 52.212-4g.1.

(d) Copies of all invoices shall be submitted to the Contracting Officer via email to perezacevedoa@state.gov and FrankfurtRPSO@state.gov

16.2 ERRONEOUS PAYMENT

If the USG becomes eligible for a refund of payment because of erroneous overpayment or other cause, the contractor shall refund the amounts or use them to offset future payments owed by the

USG, whichever the USG prefers. The contractor shall refund any refunds not complete or discovered after the completion date of this contract.

16.3 ADVANCE PAYMENT

Advance Payments shall not be authorized during the performance of this contract.

16.4 NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

17. PHYSICAL AND INFORMATION SECURITY REQUIREMENTS

The contractor shall be responsible for safeguarding all government information provided for contractor use. All material / documentation produced for the USG will be the sole property of the

USG.

All documents shall be controlled and disseminated on a need-to-know basis. Reproduction and distribution is prohibited without express approval of the USG.

All documents shall be marked and handled in strict accordance with all applicable requirements and regulations. Proposed and actual contract documents shall only be disseminated on a strict need-to know basis and shall not be further disseminated without prior authorization from the USG.

Those receiving any type of proposed and / or actual contract documents shall be responsible for these materials while in their possession, or that of any of their subcontractors. They shall return all documents, including all copies, promptly upon demand by the USG.

mailto:FrankfurtRPSO@state.gov

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18. MISCELLANEOUS CONTRACTOR REQUIREMENTS

A contract with the U.S. Government conveys no special privileges or immunities to the contractor.

The contractor is an independent commercial concern and not a part of the U.S. mission. The contractor's employees are not U.S. Government employees. Registration of this contract with the host country, if required by law, will be the sole responsibility of the contractor, and any fees, taxes, or other duties shall be payable by the contractor without recourse to the Government of the amounts thereof.

19. CHOICE OF LAW

This contract shall be construed and interpreted in accordance with the substantive laws of the

United States of America. By the execution of this contract, the contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

20. PERIOD FOR ACCEPTANCE OF OFFERS

The offeror agrees to hold the prices in its offer firm for ninety (90) calendar days from the date specified for receipt of offers.

Note: This is an addendum to Section III Sub-Section, FAR 52.212-1 “Instructions to Offerors -

Commercial Items (Jun 2020)”, Paragraph (c) “Period for acceptance of offers”, of this solicitation.

21. LIST OF ATTACHMENTS

▪ Exhibit A - Vehicle Questionnaire

▪ Exhibit B - Product Specification Matrix

▪ Exhibit C – Specifications Ford Ranger Raptor X (Brand Name or equal)

The remainder of this page is left intentionally in blank

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SECTION II – CONTRACT CLAUSES

II.1 FAR 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at these address (es):

Referenced FAR provisions and clauses can be obtained from:

http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html#wp340130

Referenced DOSAR provisions and clauses can be obtained from:

http://www.statebuy.state.gov/dosar/fullscreen.asp?menu_id=40

(note: click on 652 – 653 sub-chapter, Click on 652 and then scroll down)

FEDERAL ACQUISITION REGULATION CLAUSES (48 CFR Ch. 1)

Clause Tittle

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.212-1 Instructions to Offerors - Commercial Items (Sep 2021)

52.212-4 Contract Terms and Conditions - Commercial Items (Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.243-1 Changes-Fixed Price (Aug 1987)

52.244-6 Subcontracts for Commercial Items (Jul 2021)

52.246-2 Inspection of Supplies-Fixed-Price (AUG 1996)

52.246-16 Responsibility for Supplies (Apr 1984) http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html#wp340130

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52.247-42 C.I.F. Destination (Nov 1984)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

652.232-70 Payment Schedule and Invoice Submission (Fixed-Price) (Aug 1999)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

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

52.203-6, 52.203-13, 52.203-15, 52.204-10, 52.209-6, 52.209-9, 52.222-3, 52.222-19, 52.222-21, 52.222-50, 52.223-18, 52.225-13, 52.232-33. - the applicable clauses under paragraph (c) are:

52.222-43

The following clauses are provided in full text:

II.4 FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou

Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

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(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National

Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of

Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of

Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the

Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

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Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August

13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of https://www.acquisition.gov/content/42104-waivers#id1989GI040ZO

Delivery of New Pickup Trucks Page 16 of 29 this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting

Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

SECTION III – SOLICITATION PROVISIONS

III.1 ADDENDUM TO FAR 52.212-1 INSTRUCTION TO OFFERORS – COMMERCIAL

ITEMS (SEP 2021)

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

Commercial Items (Jan 2017) is augmented as follows: Preparation of Offers - Offerors shall prepare and submit its offer in two (2) volumes as set forth below.

III.2 DETAILED INSTRUCTIONS

(a) Each offer shall consist of the following electronic separate volumes:

https://dibnet.dod.mil/ https://dibnet.dod.mil/

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Volume Description / Tittle

PRICE PROPOSAL:

• Section I, Sub Section 2.1 through 2.5 - Supplies and Prices

• Section I, Sub Section 6 – Complete Warranty provisions

• Section I, Sub Section 13 - Place of Performance

• Section V – Completed Section Representations, Certifications and Other

Statements of Offerors

• Proof of Sam Registration (System of Award Management)

2 TECHNICAL CAPABILITY

The proposed Pickup trucks (Vehicles) shall meet all of technical specifications set forth in Sub-Section 4, Sub – Sub-Section 21 and the delivery terms contained herein. In addition, offerors shall provide:

• Section I, Sub-Section 5- Compliance with Specifications and Descriptive

Literature

• Section I, Sub-Section 21 – Provide Exhibit B - Product Specification Matrix

• Section I, Sub Section 3.2 - Delivery Schedule:

o A delivery confirmation providing delivery within 150 calendar days of award to final destination.

• Section I - Warranty:

o The offerors shall submit for the proposed vehicles model details of warranty provision available in Thailand and complete information of the dealership(s) in Chiang Mai province and Thailand where the warranty of the vehicles can be claimed

• Section I, Sub-Section 7- After Sales Service o The offerors shall provide list of 3S dealership in Chiang Mai Province.

The offeror shall provide complete contact detail.

o Confirmation that spare parts for the offered brand are available in

Chiang Mai and list of dealers.

• Section I, Sub Section 14 - Authorized Point of contact

• Section I, Sub Section 15- Experience and Past Performance

PROVIDE PROOF OF SAM (System of Award Management)

III.3 PROPOSAL DUE DATE

The complete offer package shall be e-mailed to Ms. Alexandra Perez Acevedo

PerezAcevedoA@state.gov. Named on the subject “Proposal 19GE5022Q0006”, no later than

13:00 hours Central European Time, January 3, 2022.

All documents shall be submitted in the Microsoft word or the Adobe pdf format and shall be named

/ numbered to appear in the e-mail(s) in the correct sequence. The only Exception is Exhibit B-

Product Specification Matrix which may be submitted in Microsoft Excel format. The limit per e-mail is 50MB. Zipped files (.zip or .rar) are not permitted.

mailto:PerezAcevedoA@state.gov

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NOTE: No proposals will be accepted after the time specified above. Delay due internet connection issues / failure, delay on electronic correspondence transmission or processing will not be an acceptable excuse for late delivery of a proposal.

III.4 SUBMISSION OF QUESTIONS / REQUEST FOR CLARIFICATION

The offeror shall identify / explain / justify any deviations, exceptions, or conditional assumptions taken with respect to any of the instructions or requirements of this solicitation.

The offeror shall immediately report to the contracting officer any ambiguity in the solicitation.

Any prospective offeror who requires a clarification, explanation or interpretation of the requirements shall make a written request to the contracting officer no later than 13:00 German time on December 2, 2021. Offerors may rely ONLY upon written interpretations by the contracting officer.

III.5 COMMUNICATION CONCERNING SOLICITATION

Only the contract administrator shown in Section I, Sub-section 9 or the Contracting Officer, may be contacted regarding this solicitation. Communication concerning this solicitation with any other

Government personnel, including contractor support personnel, is prohibited unless specifically authorized elsewhere herein. If such contact occurs, the Offeror making such contact may be excluded from award consideration.

III.6 DOSAR 652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

(a) The Department of State's Advocate for Competition is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged first to contact the contracting officer for the solicitation. If concerns remain unresolved, contact:

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

Procurement Support Office, the A/OPE/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, Ms. Sharon D. James at +1 (703) 875 5429, mailto:AQMCompetitionAdvocate@state.gov mailto:cat@state.gov

Delivery of New Pickup Trucks Page 19 of 29

Email JamesSD@state.gov . 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), Suite1060, SA-15, Washington, DC 20520.

(End of provision)

III.7 FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006)

(a) Protests, as defined in Section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office

(GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at the following physical address below: (for mailing address, see block 7 of the SF 1442):

U.S Consulate General

Regional Procurement Support Office (RPSO)

Giessener Str. 30

60435 Frankfurt am Main, Germany

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

(End of provision)

III.8 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This contract incorporates one or more provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these address (es):

Referenced FAR provisions and clauses can be obtained from:

https://www.acquisition.gov/browse/index/far

Referenced DOSAR provisions and clauses can be obtained from:

http://www.statebuy.state.gov/dosar/fullscreen.asp?menu_id=40

(note: click on 652 – 653 sub-chapter, Click on 652 and then scroll down)

The following FAR solicitation provisions are incorporated by reference:

mailto:JamesSD@state.gov https://www.acquisition.gov/browse/index/far

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PROVISION TITLE DATE

52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements-Representation

JAN 2017

52.204-7 System for Award Management OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.214-34 Submission of Offers in the English Language APR 1991

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran – Representation and

Certification

(JUN 2020)

(END OF SECTION III)

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SECTION IV – EVALUATION FACTORS

V.1 ADDENDUM TO 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

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 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.

IV. 2 BASIS FOR AWARD

The Government intends to award a contract resulting from this solicitation to the lowest priced, technically acceptable offeror who is determined to be a responsible contractor within the meaning of FAR Part 9, paragraph 9.104

Compliance: The Government will perform an initial review of proposals received to determine compliance with the terms of the solicitation, i.e. if the proposals submitted are complete, including

Sections I through V. The USG may reject as unacceptable proposals that do not conform to the solicitation terms and do not include all items stipulated for submission.

The evaluation will be conducted in accordance with the procedures set forth below:

IV.3 EVALUATION FACTORS AND PROCEDURES

1. Price: The price will be evaluated by the lowest aggregate sum of the items including any delivery charges, taxes and duties, vat, etc.

2. Technical Capability/Acceptability: The determination of technical acceptability will be based on the review of:

A. Compliance with Vehicle & Technical Specifications

B. After Sales Networking in Thailand

C. Delivery

D. Detail of previous contracts/past performance

Evaluation Criteria: Compliance with Vehicle & Technical Specifications:

The proposed vehicles shall meet all the technical specifications and the delivery terms contained herein. The offerors shall provide with their proposal, at a minimum, existing product literature to substantiate the acceptability of their offered products. In addition, the offerors shall provide for the proposed vehicles models, the following documentation and information for technical evaluation:

(A) The U.S. Consulate requires color Black

a. If color black is not available, the available color scheme should be provided by the offeror, then the U.S. Government will select the color scheme

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(B) Data detailing their maintenance and repair service network in Chiang Mai Province and major cities of Thailand and their ability to respond to emergency repairs and other vehicles support needs on short notice.

(C) Data detailing the availability of spare parts ex-stock from independent parts dealers in

Thailand and Chiang Mai Province.

(D) Data detailing the availability of expert knowledge required to maintain and repair the vehicles at local workshops in Thailand, and Chiang Mai Province.

(E) Details of warranty provisions available in Thailand and complete contact information of the dealerships in Thailand “specifically in Chiang Mai Province.” where the warranty of the vehicles can be claimed.

(F) Compliance with specifications, the offerors shall submit a detailed matrix for the proposed vehicle model indicating that the specifications of the offered vehicle are in compliance with the minimum requirements. Any deviations to the required minimum requirements shall be clearly stated in the remark’s column of the matrix.

(G) The offered model shall be compatible with the Thailand based fuel specifications.

(H) New equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. Components of the requested equipment, to include memory, must be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment.

Evaluation Criteria: Delivery:

• Confirmation of delivery to U.S Consulate Chiang Mai

• Offerors shall clearly state the delivery dates in their responses to this RFQ,

• If the Vendor is International (not located in Thailand), the offeror shall provide confirmation, import documents, valid import certificate, custom clearance procedures, certificates will be solely responsibility of the vendor. The vendor shall confirm is able to import the brand name required vehicles, obtain all required permits, certificates and any other from the government / Kingdom of Thailand without assistance of the U.S. Consulate.

• Confirmation that delivery can be provided within 150 days of award to final destination.

• Confirmation that the contractor can provide to the POC/COR proforma invoice or commercial/tax invoice in order for the U.S. Consulate Chiang Mai to get tax exemption certificate.

Evaluation Criteria: After Sales Networking in Thailand:

• The offered brand should have at least one 3S dealership in Chiang Mai province. The offeror shall provide complete contact detail.

• The facility shall have complete range of repair services to include but not limited to routine maintenance, engine repair, mechanical, body shop and paint shop.

Delivery of New Pickup Trucks Page 23 of 29

• The spare parts for the offered brand should be available in abundance from the independent parts dealers in Chiang Mai Province. The offeror shall provide the data of these independent parts dealer.

• The 3S dealership facility should be the main point of contact for warranty claims.

Evaluation Criteria: Detail of previous contracts/past performance

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

(A) Customer's name, address, and telephone numbers

(B) Type(s) and category(ies) of vehicles;

(C) Contract number;

(D) Contract dollar value; and

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

Note: There will be no ranking or percentages. The result of the technical evaluation is the determination of each proposal to be:

• Acceptable (no questions),

• Unacceptable (will be excluded from further processing because of serious mistakes / lack of understanding).

Other Evaluation Requirements:

• An offer MUST be valid for 90 calendar days after submittal.

- Offerors must be registered in the System for Award Management (SAM) database before an award can be made to them. If the offeror is not registered in the SAM, it may do so through the

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

- A completed copy of the “Representations and Certifications-Commercial Items”, provided under

FAR clause reference 52.212-3 must be submitted with the offer.

AWARD WITHOUT DISCUSSIONS: In accordance with FAR provision 52.215-1 and pursuant to…