Durban Solicitation FFP-10-000028.doc

X -- USAID RFP FFP-10-000028 for Food Aid Warehouse and Cargo Handling Services in the region of the port of Durban, South Africa.

USAID Authorized Geographic Code is 935. This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR subpart 12.6, as supplemented with additional information and requirements in this notice. This announcement constitutes the only solicitation - Proposals are being requested and a separate written solicitation will not be issued. The solicitation number is USAID/FFP-10-000028 and is issued as a Request for Proposals (RFP). This solicitation incorporates Federal Acquisition Regulation provisions and clauses in effect through Federal Acquisition Circular 2005-37. Incorporated by reference are FAR 52.212-1, Instructions to Offerors-Commercial Items; 52.2l2-2, Evaluation-Commercial Items; FAR 52.212-3, Offeror Representation and Certifications-Commercial Items - (Include a completed copy of 52.212-3 with your proposal or provide a statement that offeror completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov, in accordance with 52.212-3 (b). After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications/Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

The following Federal Acquisition Regulation terms and conditions are hereby made an integral part of any contract resulting from this RFP:

The provision at 52.212-4, Contract Terms and Conditions-Commercial Items applies to this acquisition.

The provision at 52.212-5, Contract Terms and conditions Required to Implement Statutes or Executive Orders-Commercial Items applies to this acquisition. The following clauses in 52.212-5 are checked:

52.203-3, Gratuities (APR 1984);

52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (APR 1991);

52.203-12, Limitation of Payments to Influence Certain Federal Transactions (June 2003);

52.225-13, Restrictions on Certain Foreign Purchases (Dec 2003);

52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003);

52.247-64, Preference for Privately Owned U.S. Flag Commercial Vessels.

FAR 52.247-5 Familiarization with Conditions.

FAR 52.247-8 Estimated Weights or Quantities Not Guaranteed.

FAR 52.247-21 Contractor Liability for Personal Injury and/or Property Damage.

FAR 52.249-2 Termination for Convenience of the Government (Fixed Price).

FAR 52.249-8 Default (Fixed Price Supply and Service) plus Alternate I.

The Contractor/Recipient is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the contractor/recipient to ensure compliance with these Executive Orders and laws. This provision must be included in all subcontracts/sub-awards issued under this contract/agreement.

This procurement is unrestricted. The North American Industrial Classification System (NAICS) code is 493130, food products warehouse, with a small business size standard of $25.5 million in annual receipts for the company and its affiliates (See FAR Part 19 definitions).

2. STATEMENT OF WORK:

The purpose of this contract is to have an organization (the U.S. government will award a single contract) provide warehousing, cargo handling, port clearance, custodial and logistical services, covering food aid commodities (including bags, boxes, pallets, tins, etc.), for the United States Agency for International Development (USAID). Contract performance will be carried out in the region of Durban, South Africa to service the regional needs of USAID’s Food for Peace Title II food aid program. The government anticipates an initial requirement for the temporary storage of approximately 25,000 metric tons of food commodities with an ability to substantially increase the required capacity by additional tonnage as required. However, this storage estimate offers no minimum guarantee. The government will declare gross metric ton storage requirements at least 30 days prior to arrival of any commodities at the overseas storage location.

The government will review, approve and accept, in writing, all warehouse(s) proposed by the contractor. The contractor will provide the government with a plan of operations for warehouse management.

The title to all commodities will be retained by USAID at all times whether in transit, or during storage at the contractors supplied warehouse(s). The contractor shall take delivery (possession, care and custody) of USAID food aid commodities from the carrier either at the local port or at the warehouse door and be able to provide transport to the contractor's warehouse facility, store, secure and control the food commodities, obtain and/or generate all documentation related to the acceptance of possession of cargo, as well as the re-delivery/re-export of commodities, and re-deliver of commodities on a F.O.B. warehouse door or on an F.A.S. vessel basis, to organizations designated by USAID. The contractor shall arrange all customs clearance for receipt and storage of USAID commodities. The contractor shall notify USAID Washington in the event that U.S. Government intervention becomes necessary to ensure duty free tax exempt entry and exit of all commodity(s) into and out of the warehouse. USAID may also provide commodities via air transport. In such cases, the contractor shall take delivery (or re-delivery) of cargoes at a nearby airport and provide the services specified above.

Cargo shall generally consist of agricultural products (containerized, bagged, on pallets or in cartons - whole grains and/or processed corn, wheat and/or soybean products, refined vegetable oils) bagged in 25 kg. or 50 kg. multi-walled polypropylene or paper bags. Cargo may also include vegetable oil in 5-gallon pails or 6 liter tin or plastic containers. The contractor shall store commodities in a manner which ensures ease of access, inspection and fumigation. The contractor shall preserve the condition of commodities and shall follow USAID (Food For Peace Commodity Reference Guide - http://www.usaid.gov/our_work/humanitarian_assistance/ffp/crg/ - guidelines and best commercial practices in storing and maintaining food commodities. Food aid commodities shall be stored off the ground on pallets. Pallets shall not tear or damage bags or containers. The contractor shall maintain the warehouse in a sound, clean condition and take all reasonable steps to keep it free of insects, rodents, birds and other conditions which may adversely affect the condition of the commodities or their containers.

Commodities shall be stored in the warehouse in such a manner that lot identity is maintained to the extent that, when delivery of any lot is ordered by USAID, the specific commodities received will be re-delivered. First in first out inventory management is to be utilized. Contractor shall coordinate receipt, possession and re-delivery of cargo with carriers, port officials, non-governmental organizations and custom officials. The contractor is responsible for obtaining and/or generating all documentation relating to acceptance and possession of cargo, as well as any documentation associated with re-delivery/re-export, including customs clearance, of commodities to USAID-designated consignees or transported to other destinations. Contractor shall assure customs duty-free possession of commodities and transfer of title to consignees. Title to cargo shall remain with USAID, or other party designated by USAID, until title is transferred to the USAID/FFP designated organization (a PVO, NGO or cooperating sponsor).

Contractor shall facilitate transfer of title to ensure that duty free tax exempt status is maintained through transfer to the cooperating sponsor. The warehouse contractor will comply with all local requirements including safety, fire and inspection regulations. The contractor and its agents shall provide USAID with a copy of any insurance certificates covering personnel and the facility against liability, loss or damage, theft or fire during the term of this contract.

If arriving cargo is containerized, the contractor may be required to strip containers at the port area or to truck containers to its warehouse facility(s), strip the container(s) and return the empty container(s) back to the carrier's yard in the port area. Container free time will be as per carrier tariff. Any charges due to contractor exceeding allowable container free time shall be for the account of the contractor.

If the cargo is discharged at port in Bulk:

1) The contractor will receive cargo at the port at the end of the bagging line or as close to the bagging line as possible if trucks are unable to come alongside vessel. USAID will advise the contractor of vessel daily bagging rate(s) without guarantee. Any unreasonable delay caused by contractor's inability to transport commodities from the end of the bagging line or the vessel's F.A.S. position, which results in a vessel's claim for detention, will be for the account of the contractor.

2) If available, the contractor to receive and store bulk commodities, to be bagged or re-delivered as directed at a later period.

The contractor to provide written reports including but not limited to; inbound receiving reports, over / short / loss / damage / wet / torn or slack reports, outbound shipping or delivery reports and on-demand snapshot inventory stock status reports. All reports must reference the commodity “Notice to Deliver” numbers as assigned by the U.S. Department of Agriculture or USAID. The contractor will be responsible for all port charges normally paid by the consignee for imported cargoes. Contractor will specify customary port charges, excluding customs duties as all cargoes should be listed as duty free. These expenses (customary port charges) will be reimbursed by the government on an actual cost basis.

If USAID requests contractor to deliver to F.A.S. vessel, USAID will advise contractor of vessels receiving capability without guarantee. Any delay caused by contractor's inability to place commodities in a F.A.S. position, which results in vessel claims for detention or dead freight, will be for the account of the contractor. Any claims for detention or dead freight will be settled in accordance with FAR 52.233 - 1, "Disputes" if a claim is filed after final payment to the contractor. If a claim is filed and settled prior to final payment, such amounts may be deducted from payment.

Fumigation: The contractor will conduct condition inspections for any pre-positioned bagged or bulk food commodities in place on the warehouse floor (or bulk facility) more than 30 days or if 30 days have passed since the last inspection. The contractor shall also conduct condition inspections for any cargo five days prior to re-delivery or container stuffing. These condition inspections will be completed in accordance with the U.S. Federal Grain Inspection Service (FGIS) condition inspection guidelines for packaged and bulk commodities http://archive.gipsa.usda.gov/referencelibrary/handbooks/processcomm/Processed_Commodities.pdf . If condition inspectors find infested commodities, the contractor shall arrange and pay for fumigation of any lots found to be infested. Fumigation is to be done in accordance with the FGIS fumigation handbook (http://archive.gipsa.usda.gov/referencelibrary/handbooks/fumigation/fumhb.pdf ). The contractor shall pay all costs associated with condition inspections and fumigation. Inspection costs shall be part of the contractor’s charge for warehouse storage services. Fumigation costs will be billed directly at actual cost. Copies of all inspection and fumigation reports shall be sent to the USAID contracting officer.

Survey of commodity: Inbound and outbound commodity survey operations will be performed by firms other than the contractor unless so directed by the contracting officer or COTR.

Customs clearance: The contractor shall assure that documentation and clearances are in effect which will permit duty and tax free transit in the country where warehouse services are provided.

Re-delivery of commodities for loading onboard outbound vessel or NGO vehicles: Release of commodities will be authorized by the USAID contracting officer or COTR. Contractor may be required to obtain commodity phytosanitary certificates or equivalent documentation from local government representatives for re-export. A sample of the United States version of this document is available at the following website link: http://www.aphis.usda.gov/ppq/pim/exports/ppq579.pdf.

Government Condition Inspections: Contractor will permit unannounced condition inspections of the warehouse and commodities by the US government or their agent to insure that the commodities are being controlled and maintained in sound condition. The inspector shall provide the contractor with an authorization letter from USAID's contracting officer or COTR.

Disposition of unfit commodities: Any cargo deemed unfit for human consumption at the time of arrival at the port of entry, or during contractor possession, will be disposed of by the contractor in accordance with United States Code, Title 22 Code of Federal Regulations Part 211.8 (b). Any reference in the regulation to "cooperating sponsor" shall be substituted by "contractor." All costs for the disposition of damaged cargo to be reimbursable at cost.

Material Storage:

The contractor shall provide port logistics, clearance, warehousing, inventory control, receipt, commodity handling and distribution (re-delivery) management services as required by the program and various shipments of pre-position commodities within the program. The contractor shall provide the supervision, labor, time and materials to track and manage, food aid commodities within the pre-position supply chain.

Key Personnel Categories:

Project Manager

Warehouse and Ports Operations Manager

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 food or food aid commodities and freight forwarding.

Warehouse and Port Operations Manager - The Contractor shall provide a manager who shall be responsible for the supervision and coordination of the performance of warehouse operations and port commodity handling and clearance to perform the services in this contract. The Warehouse and Port Operations Manager shall have at least three (3) years experience in food and food aid warehouse, port commodity handling and clearance operations.

Other Non-Clerical Personnel: The Contractor shall provide other non-clerical personnel, who are experienced in warehousing, port operations and freight forwarding as necessary for full, complete and effective performance of this contract. Such personnel shall have at least two full years experience in the specific area of their contract responsibilities.

Warehouse facilities provided to USAID under the resulting contract must, at a minimum, meet the following standards:

a) Warehouses must be of wind and watertight construction.

b) Warehouses must be free from pests.

c) Warehouses must be in a secure location with 24 hour monitoring.

d) Warehouses must have proper firefighting measures and equipment in place.

e) Warehouse personnel must be qualified in the proper stowage and handling of food grade commodities.

f) USAID commodities are not to be stowed in close proximity to cargoes which are hazardous, odorous, infested, or which may otherwise pose a risk.

All warehouse locations are subject to inspection by US Government representatives prior to acceptance by USAID as a suitable facility.

(Reporting requirements: Standard monthly reports shall cover all aspects of commodity receipt, container un-stuffing, inventory, condition inspection, fumigation, container stuffing and re-delivery. The contractor will provide ad hoc inventory and condition reports as required by the USAID contracting officer or CTO.

Contract Term: The government shall issue a firm fixed price per metric ton contract for commercial commodity handling, warehousing and logistical services.

The contract shall be effective approximately two weeks after contract award through about October 2010. The government contact person for all contract notifications is the contracting officer.

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 this contract. See FAR 52.252-2 for an internet address (WWW.ARNET.GOV ) for electronic access to the full text of a clause.

NUMBER

TITLE

DATE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.202-1

DEFINITIONS

JUL 2004

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT Sept 2006

52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS Sept 2005

52.204-3 TAXPAYER IDENTIFICATION OCT 1998

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING SEP 2006

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB 2006

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000

52.222-50 COMBATING TRAFFICING IN PERSONS AUG 2007

52.228-7 INSURANCE – LIABILITY TO THIRD PERSONS MAR 1996

52.232-4 PAYMENTS UNDER TRANSPORTATION CONTRACTS AND

TRANSPORTATION-REALATED SERVICES CONTRACTS APR 1984

52.232-22 LIMITATION OF FUNDS APR 1984

52.232-25 PROMPT PAYMENT OCT 2003

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-CENTRAL CONTRACTOR

REGISTRATION OCT 2003

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.233-1 DISPUTES JUL 2002

52.233-3 PROTEST AFTER AWARD AUG 1996

ALTERNATE I JUN 1985

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.243-1 CHANGES-FIXED PRICE AUG 1987

52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 1996

52.246-23 LIMITATION OF LIABILITY FEB 1997

752.202-1 DEFINITIONS

752.228-7 INSURANCE-LIABILITY TO THIRD PERSONS

752.245-70 GOVERNMENT PROPERTY

752.245-71 TITLE TO AND CARE OF PROPERTY APR 1984

752.7001 BIOGRAPHICAL DATA JUL 1997

752.7006 NOTICES APR 1984

752.7025 APPROVALS APR 1984

752.7027 PERSONNEL DEC 1990

3. EVALUATION CRITERIA FOR PROPOSALS: The following proposal elements will be evaluated by the government to determine the best value to the government. Technical factors are more important than price factors and are listed in their descending order of importance. The government will award a single warehouse service contract as a result of this solicitation. Your proposal shall provide the government with your contract rates, calculations and estimates for the following:

A. In accordance with FAR 52.212-2, the technical factors include the following:

- Warehouse location, capability and condition.

- Plan of Operations.

- Key personnel experience and Corporate experience.

- Past performance.

B. Your proposal will include a Technical Plan of Operations, Warehouse Location and Space, Key personnel and resources.

Technical Plan of Operations:

1) Suitability for the task, condition, location and resources. Provide warehouse capabilities, location and cargo handling throughput capacities for the un-stuffing and stuffing of containers. Provide information on contractor(s): information systems, information personnel, reporting capabilities.

2) Describe the availability, frequency and capability of the Steamship lines (Container, Breakbulk and Bulk) operating through the port(s) under their normal service routes.

3) Qualifications of Key direct hire(s) or agent personnel (For example - project manager, warehouse supervisor and U.S.-located liaison). Provide information on labor quality, availability and relations.

4) Provide a basic plan of operations, description of available equipment and condition, including local infrastructure to be applied in the performance of the contract. Provide a listing of distance(s) between port facilities and warehouse(s). Subcontract plan (if appropriate).

5.) Describe Key Personnel experience training capabilities as it relates to this requirement.

6.) Past performance of the prime and sub-contractor, warehouse and key personnel in handling, protection and storage of food aid commodities.

Proposals shall include sufficient information and documentation (including addresses, map location(s) in relation(s) to port facilities, warehouse photographs and copies of significant local licenses and insurance certificates) indicating compliance with all above evaluation factors and capabilities required to fulfill this contract.

C. Price: In addition to providing handling and storage charges as specified below, your total estimated price for a year operations with 10,000 mt initially delivered at the beginning of the first month, and with a 10,000 mt balance on the floor at the end of one year. (Apply your proposed rates and prices on a per metric ton basis for taking delivery, placing commodity in the warehouse and redelivery of commodity.)

Applicable assumptions:

1). 3,000 mt re-delivered (exported) at the end of each month (50% via container service(s) CY / 50% via breakbulk service(s)) beginning month 1.

2). 3,000 mt arrive (imported) at the beginning of each month (50% via container services CY / 50% via breakbulk service(s) beginning with the second month.

3. First in /first out inventory control.

4. No fumigation.

A one year estimate is to be provided in the proposal predicated on the following projections: --

1. Receipt and redelivery of commodities ($)

2. Warehouse storage expenses ($)

3. Total dollar amount ($)

Discrepancies between the one year calculations and your proposed contract rates will be evaluated using the proposed contract rates.

4. PROPOSAL: All offers to provide the following rate or price plan (per metric ton listed in USD $):

Rate for Storage per gross metric ton $ per day (after proposed free time).

Rate for the unloading of a 20’ Ft trailer at warehouse door.

Rate for drayage of 20’ FT from CY to warehouse door.

Rate for breakbulk receipt at FAS position to warehouse floor.

Rate to load a 20’FT trailer at warehouse door.

Rate to dray 20’FT trailer from warehouse door to CY

Rate to load breakbulk cargo from warehouse floor to FAS position.

Rate for Shipping Document fees Rate for Storage of bags in bundles.

Storage of empty cartons.

Storage of Pallets.

The following cost elements to be reimbursable at actual expense: Customs fees, terminal handling, fumigation, repackaging / reconstitution of damaged commodities and disposal of damaged commodities (in accordance with USAID Reg. 11) as well as other miscellaneous port expenses.

5. Proposal Delivery Instructions

(a) Proposals submitted in response to this RFP will be received in hard copy only and may be submitted in the following manner: via regular mail, courier service or hand carried. Facsimile or electronic proposals will not be accepted.

Questions in response to this solicitation must be received in writing via e-mail only to Paul Vicinanzo, pvicinanzo@usaid.gov, within five (5) days from the date of issuance of the RFP by 4:00 p.m. eastern standard time. No questions will be accepted after this date.

(b) Closing Date and Time. All proposals in response to this RFP shall be due at the below address, not later than 4:00 p.m. Eastern Standard Time on 18 December 2009. Late proposals will not be considered except in accordance with FAR and agency provisions. The government expects to make an award during December 2010.

(c) The information requested below must be placed in sealed envelopes clearly marked on the outside with the following information:

RFP No.: FFP-10-000028

(Title) USAID Title II Central/South African Region Pre-position Warehouse

(d) Number of copies. An original and three (3) copies of the Proposal are required.

(e) Mailing Addresses. Proposals shall be delivered to the following addresses:

If Sent via U.S. Postal Service:

Paul Vicinanzo, Contracting Officer

U.S. Agency for International Development

Office of Acquisition and Assistance

M/OAA/T, RRB Rm. 7.09-030

1300 Pennsylvania Avenue, N.W.

Washington, D.C. 20523-7900

Hand-Carried, or via Courier Service:

U.S. Agency for International Development

Ronald Reagan Building Lobby Entrance on 14th Street (Only)

1300 Pennsylvania Avenue, N.W., Washington, D.C.

Check in at Visitors Desk and call

Paul Vicinanzo at (202) 712-5147 NOTE: Offerors are responsible for ensuring timely delivery of proposals. Be advised that some deliveries or courier services change the zip code from the official USAID zip code (20523) to the Washington, D.C. zip code that applies to USAID’s physical location and proposals have been mis-delivered as a result.

Point of Contact

Paul Vicinanzo, Contracting Officer, Phone 202-712-5147, Fax 202-216-3051, Email Pvicinanzo@usaid.gov

Place of Performance

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