QMAE-BB-091006-N-Wrecker-Carrier RFP .7.21.09.doc

Solicitation No. QMAE-BB-091006-N

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 17 & 30

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5.SOLICITATION NUMBER

QMAE-BB-091006-N

(i) QFFAP-BK-080001-N

6. SOLICITATION ISSUE DATE

07/23/2009

7. FOR SOLICITATION

a. NAME

Automotive Acquisition Support Division (QMAE)

9. ISSUED BY

CODE

U.S. General Services Administration

Federal Acquisition Service

Office of Acquisition Operations

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UNRESTRICTED

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SET ASIDE: % FOR

SMALL BUSINESS

DESTINATION UNLESS BLOCK IS MARKED

SEE SCHEDULE

Net 30 Days

Automotive Acquisition Support Division

(QMAE)

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SMALL DISADV. BUSINESS

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13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)

2200 Crystal Drive, Suite 1006

Arlington, VA 22202

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8(A) 13b. RATING

SIC: NAICS = 336211

SIZE STANDARD: 1000 E

14. METHOD OF SOLICITATION

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RFQ

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IFB

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RFP

15. DELIVER TO

16. ADMINISTERED BY

As specified

SEE BLOCK 9

17a. CONTRACTOR/CODE

OFFEROR

FACILITY

18a. PAYMENT WILL BE MADE BY

DUNS NUMBER: ___________ TIN NUMBER __________

TELEPHONE NO. ____________ FAX NO. ____________

General Services Administration

Financial Operations & Disbursement Branch (BCEB)

P.O. Box 419279

Kansas City, MO 64141

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

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SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Wreckers and Carriers (See Attached)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 3__ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29.

AWARD OF CONTRACT: REFERENCE __________OFFER DATED ____________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

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RECEIVED

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INSPECTED

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CONTRACT, EXCEPT AS NOTED

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PARTIAL

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FINAL

COMPLETE

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PARTIAL

FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL STANDARD FORM 1449 (10-95)

Computer Generated NUMBER AND PAPERWORK BURDEN STATEMENT Prescribed by GSA - FAR (48 CFR) 53.2

TABLE OF CONTENTS

2TABLE OF CONTENTS

6SECTION A - GENERAL

6A.1 ADDITIONAL INFORMATION FOR STANDARD FORM 1449:

6A.2 A-FSS-2-A (OCT 1988)

6A.3 GSAR 552.219-71 NOTICE TO OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS (JUN 2005)

6A.4 CP-FSS-3 NOTICE: REQUESTS FOR EXPLANATION OR INFORMATION (MAR 1996)

7A.5 CP-FSS-4-A SOLICITATION COPIES (MAR 1996)

7A.6 CP-FSS-20 SECURITY EXAMINATION OF HAND-DELIVERED OFFERS (JAN 1998)

8SECTION B – SCHEDULE OF ITEMS AND VEHICLE REQUIREMENTS

8B.1 B-FSS-96 ESTIMATED SALES (nOV 1997)

8B.2 PRICING

8B.3 GSA AUTOMOTIVE PROGRAM

9B.4 DEFINITIONS

9B.5 schedule of items

11SECTION C – ADDITIONAL REQUIREMENTS

11C.1 Deliverables

12C.2 Point of Contacts and Responsibilities

12C.3 WEEKLY STATUS REPORTS

12C.5 IDENTIFICATION OF VEHICLES

13c.6 consignee delivery required

14C.7 SHIPMENT DELAYS

14C.8 NOTIFICATION OF VEHICLE DEFECTS

14C.9 PUBLIC LAW 94-163 (SECTION 510) (applicable to passenger vehicles)

14C.10 AVAILABILITY OF FUNDS

14C.11 GUARANTEED MINIMUM QUANTITY

15C.12 EVIDENCE OF SHIPMENT OF MANUALS

15C.13 ADMINISTRATIVE FEE

15C.14 GSA FORM 1611

15C.15 CONTRACT ADMINSTRATION INFORMATION

16C.16 VENDOR AVAILABILITY LISTING (VAL)

16C.17 ADDENDUM TO THE SOLICITATION

17SECTION D – CONTRACT CLAUSES AND PROVISIONS

17D.1 52.212-4 Contract Terms and Conditions—Commercial Items (Mar 2009)

21D.2 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUN 2009)

25D.3 52.216-18 ORDERING (OCT 1995) (DEVIATION II -- FEB 2007)

25D.4 52.216-19 ORDER LIMITATIONS (OCT 1995) (DEVIATION II — FEB 2007) 16.506(b)

25D.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

26D.6 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

26D.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

27D.8 552.211-72 REFERENCES TO SPECIFICATIONS IN DRAWINGS (FEB 1996)

27D.9 552.211-74 CHARGES FOR MARKING (FEB 1996)

27D.10 552.211-75 PRESERVATION, PACKAGING, AND PACKING (FEB 1996)

27D.11 552.211-77 PACKING LIST (FEB 1996)

27D.12 552.211-81 TIME OF SHIPMENT (FEB 1996) (ALTERNATE I—FEB 1996)

27D.13 552.212-71 CONTRACT Terms and Conditions Applicable to GSA Acquisition of Commercial Items (Jul 2003)

28D.14 552.216-71 ECONOMIC PRICE ADJUSTMENT—STOCK AND SPECIAL ORDER PROGRAM CONTRACTS (SEP 1999) (ALTERNATE I—SEP 1999) (ALTERNATE II—SEP 1999)

29D.15 552.216-72 PLACEMENT of Orders, Alternate I (Sep 1999)

30D.16 CI-FSS-002 SUBMISSION OF OFFERS—ADDITIONAL INSTRUCTIONS (MAR 1996)

30D.17 FAP -525 first production vehicle (apr 1984)

30D.18 552.246-71 Source Inspection By Government (Sep 1999)

30Standard Item Number: 971; 972; 973; 974; 975; 978; 979; 980; and 981

32D.19 F-FSS-200-B DELIVERY--F.O.B. DESTINATION (MAY 1991)

32D.20 F-FSS-285 WAIVER OF DELIVERY SCHEDULE (APR 1984)

32D.21 F-FSS-736-B EXPORT TRAFFIC RELEASE (SEP 1995)

32D.22 F-FSS-742 NOTICE OF SHIPMENT (MAR 1996)

32D.23 F-FSS-772 CARLOAD SHIPMENTS (APR 1984)

33D.24 G-FSS-900-A CONTACT FOR CONTRACT ADMINISTRATION (JAN 1994)

33D.25 G-FSS-914-B CONTRACTOR'S REMITTANCE (PAYMENT) ADDRESS (SEP 1996)

33D.26 I-FSS-100-A SCOPE OF CONTRACT (OCT 1997)

34D.27 I-FSS-168 OPTION TO EXTEND THE TERM OF THE CONTRACT (JUN 1996)

34D.28 I-FSS-965 INTERPRETATION OF CONTRACT REQUIREMENTS (APR 1984)

34D.29 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

36D.30 52.212-3 OFFEROR Representations and Certifications—Commercial Items (JUL 2009)

46SECTION E – INSTRUCTIONS TO OFFERORS

46E.1 52.212-1 Instructions to Offerors—Commercial Items (June 2008)

49E.2 Addendum to 52.212-1 - Instructions to Offerors—Commercial Items

55E.3 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

55E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

55E.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

57E.6 52.225-18 PLACE OF MANUFACTURE (SEP 2006)

58E.7 PLACE OF MANUFACTURE (SEP 2006)

58E.8 52.225-6 TRADE AGREEMENTS CERTIFICATE (JAN 2005)

59E.9 FAR 52.233‑2 ‑ SERVICE OF PROTEST (AUG 1996)

59E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

59E.11 552.216-73 ORDERING INFORMATION (SEP 1999) (ALTERNATE I—SEP 1999)

59E.12 552.217-71 NOTICE REGARDING OPTION(S) (NOV 1992)

60E.13 A-FSS-12-A PERIOD FOR ACCEPTANCE OF OFFERS (MAR 1996)

60E.14 K-FSS-1 AUTHORIZED NEGOTIATORS (MAR 1998)

60E.15 L-FSS-490 UNSOLICITED SAMPLES, DESCRIPTIVE LITERATURE, OR BRAND NAME REFERENCES (APR 1984)

60E.16 L-FSS-59 AWARD (APR 1984)

60E.18 TELECOPIER OR FACSIMILE SUBMISSIONS, MODIFICATIONS, OR WITHDRAWALS OF PROPOSALS

61SECTION F – EVALUATION

61f.1 EVALUATION - Technical

61f.2 ADJECTIVAL RATINGS

63f.3 EVALUATION OF OPTIONS (AUG 1990)

63F.4 METHOD OF AWARD FOR THE MASTER CONTRACT

63F.5 METHOD OF AWARD FOR DELIVERY ORDERS PLACED AGAINST THE MASTER CONTRACT

GSA Federal Acquisition Service

July 22, 2009

Dear Prospective Offeror:

The General Services Administration (GSA) appreciates your interest in Solicitation Number QMAE-BB-091006-N for Wreckers and Carriers for a Base Period of One Year, with Four – One Year Option Periods.

This solicitation is being released via the Internet through the FedBizOpps site at www.fbo.gov. In order to conduct this procurement most effectively, all notices and postings will be made at this location. Please be aware that the solicitation, questions and answers, comments, or any other information will not be disseminated in any other format. Be sure you check the web site regularly for any amendments. We suggest that you also bookmark GSA’s Automotive Acquisition Support Division’s web site as it contains information of interest associated with automotive programs www.gsa.gov/automotive.

Offerors are encouraged to submit a complete offer. Offerors should propose their best price with their initial offer, as it is GSA’s goal to award without discussions. Note that substantially incomplete offers will be rejected.

Should you have any questions, please contact me at 703-605-2989. I look forward to receiving your proposal!

Sincerely, Jim Compton Jim Compton

Contracting Officer

Automotive Acquisition Support Division (QMAE)

SECTION A - GENERAL

A.1

ADDITIONAL INFORMATION FOR STANDARD FORM 1449:

Offerors shall submit offers to the following address:

U.S. GENERAL SERVICES ADMINISTRATION

Bid Room Solicitation No. QMAE-BB-091006-N / Jim Compton / 703 605 2989 301 7th Street SW Room 1065 Washington DC 20407

Hard copy Technical and Price Proposals are due August 28, 2009 at 2:30 p.m. Eastern Time. Autobid pricing is due August 27, 2009 at 5:00 p.m. Eastern Time.

A.2

A-FSS-2-A (OCT 1988)

FSC GROUP:

PRODUCT:

Wreckers and Carriers

NAICS:

336211

PERIOD:

Base - October 1, 2009 through August 31, 2010 Option 1 – September 1, 2010 through August 31, 2011 Option 2 – September 1, 2011 through August 31, 2012 Option 3 – September 1, 2012 through August 31, 2013 Option 4 – September 1, 2013 through August 31, 2014 A.3 GSAR 552.219-71 NOTICE TO OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS (JUN 2005)

The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran-owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $550,000 ($1,000,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran-owned small business concerns as subcontractors in the performance of this contract.

A.4

CP-FSS-3 NOTICE: REQUESTS FOR EXPLANATION OR INFORMATION (MAR 1996)

Oral or written requests for explanation or information regarding this solicitation should be directed to:

U.S. GENERAL SERVICES ADMINISTRATION

ATTN: Jim Compton

FAS, QMAE

Crystal Plaza 4 2200 Crystal Drive, Suite 1006 Arlington, VA 22202 Phone 703-605-2989 or James.compton@gsa.gov

A.5

CP-FSS-4-A SOLICITATION COPIES (MAR 1996)

In order to conduct this procurement most effectively and at the lowest costs, all information – including the solicitation, solicitation amendments, and any comments – will be posted only via the Internet at: http://www.fbo.gov.

Offerors may download the solicitation and make hard copies of necessary items for submission. For their own records, offerors are responsible for downloading and making complete copies of the solicitation, the terms of which are incorporated in the contracts.

A.6

CP-FSS-20 SECURITY EXAMINATION OF HAND-DELIVERED OFFERS (JAN 1998)

Offerors are advised that an offer in response to this solicitation is subject to physical examination, x-ray, or other inspection prior to acceptance at the location designated for receipt of offers. Inspection may be conducted by Government personnel or others acting on behalf of the Government. Any offer received at the address designated for receipt of offers after the date and time specified elsewhere in this solicitation for receipt of offers shall be processed in accordance with the late offers provision of this solicitation.

For any hand delivered offer, whether delivered by the offeror or a courier service, the offeror must allow sufficient time to accommodate inspection by designated security personnel. To facilitate this security inspection, initial delivery to an alternate office shall be required prior to final delivery by the offeror to the address designated for receipt of offers. (CAUTION: Delivery to the security inspection point does not constitute timely delivery for receipt of offers.)

The office providing security inspection is located at the following address:

GSA

Security Desk

SOLICITATION NO. QMAE-BB-091006-N / Jim Compton 703 605 2989 301 7th street SW

Room 1065

Washington DC 20407

SECTION B – SCHEDULE OF ITEMS AND VEHICLE REQUIREMENTS

B.1 B-FSS-96 ESTIMATED SALES (nOV 1997) The "Estimated Quantity” and “Estimated Sales" columns below show historic quantities purchased and total prices paid in units and dollars.

Please note that historic information is not an indication of future sales under this program nor are a guarantee that the same volume will be achieved.

B.2

PRICING

Commercial pricing structures are desired to the extent practicable. Offerors may propose on one or more item numbers solicited herein. Offerors must meet the standards specified for each item number offered and follow the proposal submission instructions noted in Sections e.1 and E.2.

B.3

GSA AUTOMOTIVE PROGRAM

GSA awards and administers the Automotive program. It purchases over $1 billion in high-quality vehicles and automotive services annually at significant savings for customer agencies. Under this program, GSA enters into Government-wide contracts with commercial firms to provide commercial products at stated prices for given periods of time. GSA Automotive offers a large selection of vehicles and related products and services. GSA is also the mandatory source for all new, non-tactical light vehicles for executive agencies. As a procurement agent of the United States Government, GSA has the responsibility of issuing solicitations and awarding contracts to meet this obligation. GSA accepts orders from eligible parties in accordance with GSA Order ADM 4800.2E and the 1122 Program of the National Defense Authorization Act (www.gsa.gov/1122program).

GSA Automotive simplifies the procurement process for Federal agencies and industry partners. GSA “prequalifies” companies by ensuring that a company meets the responsibility determinations required by Federal Acquisition Regulation (FAR) Part 9 and offers products that meet Federal vehicle standards. GSA also examines the prices received as a result of this competitive procurement and determines price reasonableness as it leverages the government’s purchasing power. Following the GSA Automotive program ordering procedures, agencies will make a best value determination and place their order directly through Autochoice.

AutoChoice is GSA’s secure on-line ordering application for light vehicles, ambulances, medium/heavy vehicles, buses, wreckers and carriers. With AutoChoice, agencies can:

· Configure vehicles and choose vehicle equipment options

· View side-by-side comparisons of vehicle models from vehicle manufacturers

· Calculate actual vehicle prices for the configured vehicle

· View the discounts from the manufacturers’ suggested retail price (MSRP) and dealers’ invoice

· View miles per gallon fuel ratings

· View vehicle standards

· View vehicle manufacturers’ past performance

· Select the vehicle that provides the best value

· Select a dealership

· Submit vehicle orders to GSA online

· Check vehicle order status

· Link to the NHTSA’s website to view crash test ratings

Further information about the GSA Automotive program can be found at www.gsa.gov/vehiclebuying.

B.4

DEFINITIONS

The following terms are defined:

Net Invoice: Invoice Price - The initial charge to the dealer from the manufacturer, including freight and delivery charges.

Dealer Invoice Price: Also called dealer cost. The amount the dealer pays for a car or truck. Deducted from this price may be a dealer incentive, which is a set discount offered for a limited period of time, or a dealer holdback, which is a percentage of the vehicle's wholesale price.

Net MSRP: Manufacturers Suggested Retail Price the recommended selling price for a vehicle as set by the manufacturers

NHTSA: National Highway Traffic Safety Administration

B.5 schedule of items

All Items shall be in accordance with the Federal Purchase Descriptions for 2010 Wreckers and/or Carriers which are found at http://apps.fss.gsa.gov/vehiclestandards/ The schedule of items can be found in Attachments F-1 and F-2

Offerors are instructed to complete the following fields:

· Unit price

· Total

· Miles per gallon (MPG)

· Net invoice

· Net MSRP

· Assembly point

· Destination charge included in price

· Optional equipment add ship

· Optional equipment option prices

· Any additional fill ins

SECTION C – ADDITIONAL REQUIREMENTS

C.1 Deliverables In addition to the vehicles purchased, the following deliverables are required:

The Contractor shall deliver via email one (1) electronic copy of each deliverable to the designated persons listed below on the date it is due in Microsoft Office, Word 2002, PowerPoint 2002, or Project 2002 format, as appropriate, for the deliverables specified herein, whether verbally requested or not. Changes to delivery points of contact shall be issued to the Contractor by email notification. All deliverables shall be delivered no later than the date specified herein.

Email delivery to the following persons:

Contracting Officer – james.compton@gsa.gov ontheroad@gsa.gov, subject: Insert Deliverable Name From Above C.2 Point of Contacts and Responsibilities

Contracting Officer’s Representative (COR): The COR will oversee the Contractor’s technical efforts to assure that its performance is in accordance with the terms and conditions of the contract. The COR will be designated after award.

Contracting Officer (CO): A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The CO is the only individual authorized to make changes to the terms and conditions of the contract. The CO is Jim Compton and can be reached at 703.605.2989 or james.compton@gsa.gov.

C.3

WEEKLY STATUS REPORTS

The Contractor shall furnish to the Vendor Support Branch (QMDAB) an electronic report covering the progress of each order placed under contract. The information required by the Government shall be reported on an excel spreadsheet, in accordance with instructions provided by the CO. See Attachment E for the excel spreadsheet format.

C.4

F-FSS-706

COMMERCIAL DRIVEAWAY (APR 1984) ALTERNATE

Unless otherwise specified under the items, driveaway delivery is acceptable; however, when driveaway is used, offerors shall not, on any movement, contemplate driving vehicles covered by this solicitation more than 50 miles on their own wheels, except by an approved bonded commercial driveaway common carrier. UNDER NO CIRCUMSTANCES SHALL MOTOR VEHICLES PURCHASED UNDER THIS CONTRACT BE USED AT ANY TIME (WHILE IN TRANSIT FROM SHIPPING POINT TO DESTINATION) TO CARRY, OR PUSH OTHER VEHICLES OR CARGO OF ANY KIND.

UNDER NO CIRCUMSTANCES SHALL SHALL MOTOR VEHICHLES PURCHASED UNDER THIS CONTRACT BE USED AT ANY TIME (WHILE IN IN TRANSIT) FROM SHIPPING POINT TO DESTINATION) TO TOW PERSONAL VEHICLES.

C.5

IDENTIFICATION OF VEHICLES

The contractor must show the applicable GSA Purchase Order number on the carrier’s freight bill or other document used in the delivery of vehicles awarded f.o.b. destination under this solicitation. This information is essential to the consignee for identification purposes. Vehicles will not be accepted by the Government without this identifying number.

Contractor’s maroney label is also acceptable, if it provides all of the required data.

c.6 consignee delivery required Deliveries under this contract shall be made to the destination specified in the consignee address block on the delivery order.

When Option Code DDR (Dealer Delivery Requirement) is indicated on the delivery order a Dealer Delivery Requirement is required and the following applies:

A. DEALER DELIVERY

Delivery shall be made to an available product dealer within the geographical radius (specified below) to the destination for the item specified in the schedule of items or as designated on the delivery order.

(1) For populated areas of 100,000 or more, the product dealer shall be no farther than 25 miles from the destination specified. In the event more than one product dealer is indicated to serve one destination, the additional dealer(s) utilized by the Contractor shall not be in excess of 25 miles from the specified location.

(2) For populated areas of fewer than 100,000, the product dealer shall be no farther than 150 miles from the specified location.

(3) If a destination is found to be in excess of 100 miles from a product dealer the Contractor shall notify the Government within 30 days after receipt of delivery order so that the Government, at its option, may amend the delivery order to require consignee delivery.

(4) At the Government’s option, vehicles may be delivered directly to a Government-specified location which is certified by the contractor as a warranty repair location. The Government will receive and prep the vehicles in the same manner as a dealership. When ”Consignee delivery” is notated on the delivery order, the unit price of the vehicle will be reduced by $150 to cover charges for new vehicle preparation normally paid to a dealership. There will be no additional charge to the Government for such items as “Consignee delivery” in these cases.

(Example – Kennedy Space Flight Center FMC)

(5) The Government, upon contract award, will approve the contractor’s Dealer’s Layout and will make the participating courtesy dealerships available in Autochoice. The Contractor shall notify the Government when there are changes to the Dealer’s Layout within two weeks of such change.

(6) When the contractor receives a delivery order and the destination is not on the “Dealer’s Layout”, the contractor shall choose a dealer location within the geographic radius specified above. Every 2 weeks, the Contractor shall furnish the Contracting Officer a list of dealer locations where the destination is not on the Dealer’s Layout and the corresponding delivery order of the vehicles being delivered.

NOTE: ALL ORDERS PLACED PURSUANT TO THE ABOVE WILL BE RESTRICTED TO DESTINATIONS WITHIN THE CONTINENTAL UNITED STATES (CONUS); ANCHORAGE AND FAIRBANKS, ALASKA; HONOLULU, HAWAII; AND HATO REY, PUERTO RICO.

B. THE FOLLOWING SERVICES SHALL BE REQUIRED FROM THE PRODUCT DEALER:

(1) RECEIPT AND INSPECTION OF NEW VEHICLE. Product dealer shall receive new vehicle from carrier and inspect the vehicle for carrier damage.

(2) CARRIER CLAIMS. When necessary, product dealer shall prepare and process claims against the carrier.

(3) REPAIR/REPLACEMENT. Product dealer shall make any repairs necessitated by carrier damage and shall replace any equipment lost in transit.

(4) PREDELIVERY SERVICING. Product dealer shall perform predelivery servicing in accordance with the manufacturer’s recommended predelivery service procedures.

(5) NOTIFICATION TO GOVERNMENT. Product dealer shall notify the designated Government official upon receipt of new vehicle(s).

(6) TRANSFER TO GOVERNMENT. All new motor vehicles received shall be picked up at the Product Dealer’s location by Government personnel within five (5) days after notification. All vehicles shall remain the responsibility of the Contractor until inspected, accepted, and transferred to the Government.

C. None of the above shall be construed as creating contractual privity between the General Services Administration and the Product Dealer.

C.7

SHIPMENT DELAYS

If vehicles are not produced, inspected and shipped in accordance with the contract time of shipment, they are deemed late. The contractor is required to advise the Government of the delay a minimum of 30 days prior the shipment date and establish a new shipment date and offer concession to the Government to remove the vehicle(s) from default status. The concession is the monthly lease rate established by GSA Fleet for the current model year. The lease rate may be found via www.gsa.gov/gsafleet. In accordance with FAR 52.212-4(f), concessions will not be required for delays that are beyond the reasonable control and without the fault or negligence of the contractor or subcontractor. None of the aforementioned shall be regarded as an extension, waiver, or abandonment of the delivery schedule or a waiver of the Government's right to terminate for cause.

C.8

NOTIFICATION OF VEHICLE DEFECTS

For vehicles delivered under this contract, any notification of defects required by Public Law 89-563 shall be addressed to the consignee unless the Contractor is otherwise notified pursuant to FPMR 101-26.501.

C.9 PUBLIC LAW 94-163 (SECTION 510) (applicable to passenger vehicles) For purposes of Government conformance to the provisions of Public Law 94-163 (Section 510) and for no other purposes, offerors are requested to furnish the following information for each vehicle type on which proposals are submitted: Make, Model, Engine cubic inch displacement, Carburetor type (Number of Barrels or Fuel Injection), and Transmission (Automatic or Manual).

This information may be inserted in the spaces provided under the “Additional Requirements” provision of this solicitation or as an attachment to the proposal, but in any event must be identified to the applicable solicitation item number(s).

C.10

AVAILABILITY OF FUNDS

The Government anticipates making an award on all items and in the quantities specified in the Schedule of Items. However, the actual quantity of vehicles to be awarded under this solicitation is estimated and subject to the availability of funds.

C.11

GUARANTEED MINIMUM QUANTITY

The minimum quantity of supplies that the Government guarantees to order during the period of this contract is quantity of one (1) unit. If at the end of the contract period (base year with four 1 year options to renew), and the vendor has not received an order; upon request the Government will pay the contractor the dollar amount of the lowest current model year base vehicle that was awarded under contract.

(a) Request for payment of any amount due under this clause shall be submitted, in writing, to the Contracting Officer within 30 days after the end of the contract period.

(b) The guaranteed minimum does not apply if the contract is terminated for cause or if the Contractor has not performed in accordance with the terms and conditions of the contract.

C.12

EVIDENCE OF SHIPMENT OF MANUALS

The Contractor shall furnish to the Contracting Officer evidence of shipment or mailing of Parts and Service Manuals required under this contract. This evidence shall consist of a copy of the transmittal letter (if used) or other written paper identifying the contract, agency and GSA case numbers; and shall show the manuals shipped, the addressee, date and method of shipment; and shall be forwarded as indicated above within 24 hours of the date of shipment or mailing. Such evidence need not be furnished for manuals shipped within the vehicles.

C.13

ADMINISTRATIVE FEE

The Government reserves the right to assess a $150 administrative fee for each Contractor-initiated modification (e.g., request an extension from the original shipment times).

C.14

GSA FORM 1611

GSA Form 1611 is required to be completed for any orders destined outside of the United States for which an established delivery code is not available. Instructions for form completion and delivery instructions are contained on the form.

C.15 CONTRACT ADMINSTRATION INFORMATION

A. POINTS OF CONTACT:

Contracting Officer:

Jim Compton

2200 Crystal Drive, Suite 1006

Arlington, VA 22202

703-605-2989 or james.compton@gsa.gov Contract Specialist:

Jim Compton

2200 Crystal Drive, Suite 1006

Arlington, VA 22202

703-605-2989 or james.compton@gsa.gov Administrative Contracting Officer: TBD at contract award

Contracting Officer's Representative (COR):

TBD at contract award

The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery or any other terms and conditions of the contract. The COR, however, will be permitted to make changes to color, consignee, mailing addresses, email addresses, telephone/fax number, and points of contacts as delegated. On award, the Contractor will be provided a delegation letter from the Contracting Officer for its signature and files.

B. INVOICE SUBMISSION

Invoices shall include the following information:

· Name of vendor;

· Invoice date;

· Government contract number, case number, or motor vehicle delivery order number, or other authorization for delivery of goods or services;

· Vendor invoice number, account number, and/or any other identifying number agreed to by contract;

· Description (including, for example, contract line/subline number), price, and quantity of goods and services rendered;

· Shipping and payment terms;

· Taxpayer Identifying Number (TIN);

· Banking information;

· Contact name (where practicable), title and telephone number.

Where to send an invoice (mailed)

General Services Administration

Financial Operations & Disbursement Branch (BCEB)

P.O. Box 419279 Kansas City, MO 64141

Electronic Invoicing website (VSS) http://vss.gsa.gov/

C.16

VENDOR AVAILABILITY LISTING (VAL)

Customer agencies are able to order vehicles up until the time Contractors notify GSA that vehicles are no longer available, The Contractor is advised, however, that Autochoice remains open year round for orders to be placed, subject to availability. The Contractor shall notify GSA of the time that vehicles will no longer available via a Vendor Availability Listing (VAL). GSA will communicate the VAL to customer agencies.

C.17

ADDENDUM TO THE SOLICITATION

The following attachments are included:

SECTION D – CONTRACT CLAUSES AND PROVISIONS

D.1 52.212-4 Contract Terms and Conditions—Commercial Items (Mar 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

D.2 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (JUN 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reivestment Act of 2009 (Section 1553 of Pub.