RFQ 19GE50-21-Q-0084.pdf

COMBINED SYNOPSIS & SOLICITATION

United States Embassy Athens, Greece

Purchase of One Vehicle – Brand-Name Only

SOLICITATION NO 19GE5021Q0084

Issued by:

U.S. Consulate General Regional Procurement Support Office Giessener Strasse 30 60435 Frankfurt am Main Germany

U.S. CONSULATE GENERAL

Regional Procurement Support Office

Giessener Strasse 30 60435 Frankfurt am Main

Germany E-mail: WalkerAK@state.gov

September 10, 2021

COMBINED SYNOPSIS AND SOLICITATION

SOLICITATION NUMBER 19GE5021Q0084

(BRAND-NAME ONLY)

The U.S. Consulate General Frankfurt hereby provides the following Combined Synopsis and Solicitation for:

Supply and delivery of one (1) European Specification BMW X5 xDrive40i Sport Utility Vehicle (SUV) - Brand Name only for the U.S. Embassy Athens, Greece on behalf of the Office of Defense Cooperation (ODC). All interested sellers shall review the solicitation and provide their offer in accordance with the specification provided in this document.

The evaluation of offers will be based on the Lowest-Priced, Technically Acceptable (LPTA) approach. It is the offeror’s responsibility to prove that the equipment it is offering meets the requested specifications.

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 19GE5021Q0084 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 2021-05, effective date 3-10-2021.

CONTRACT TYPE:

The Government intends to award a single, firm fixed-price contract to the responsible offeror whose offer is evaluated as the lowest-priced and technically acceptable. The total price shall include all labor, equipment, delivery charges, materials, overhead, profit, insurance, warranty, customs clearance, and all other expenses necessary to deliver the required supplies. No additional sums will be payable on account of any escalations in the cost of materials, equipment, or labor, or mailto:WalkerAK@state.gov 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.

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.

COMPLIANCE WITH SPECIFICATIONS:

Offerors shall also provide with their offer, at a minimum, existing product literature to substantiate the acceptability of their offered vehicle in accordance with this solicitation’s specifications provided in the solicitation. Failure to provide this information will result in a ‘non- responsive’ offer and removal from award consideration.

DESCRIPTIVE LITERATURE REQUIRED:

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.

OTHER SPECIFIC REQUIREMENTS:

• If applicable, the Contractor shall comply with all import requirements mandated by the

Government of Thailand. Further, the Contractor shall provide all the necessary documentation required at destination for importation of the proposed items.

• All manuals and literature shall be in the English language.

BASIS OF PRICE:

The price of the vehicle shall include its transportation F.O.B. Destination to the designated delivery point in accordance with FAR 52.247-34. All or Nothing: The Government is allowing complete offers for all items failing to meet this condition may be rejected.

WARRANTY:

The Contractor shall provide a copy of standard warranty information unless indicated otherwise.

The warranty applies as of the date the vehicle is received and accepted at the delivery location.

The price for warranty shall be included in the price for the vehicle.

The Contractor shall have a valid international warranty on the vehicle offered which shall be utilized to coordinate replacement parts and services for the end user in order to avoid incurring additional expenses.

The Contractor shall provide information regarding services and maintenance (all parts, accessories, service, and repairs) available in Greece and obtainable within reasonable period.

DELIVERY PLACE:

Delivery shall be made F.O.B. Destination in accordance with FAR 52.247-34 F.O.B. Destination (NOV 1991) to the following address:

U.S. Embassy Athens ATTN: CDR Anthony Garner Office of Defense Cooperation (ODC) 91 Queen Sophia Avenue Athens 10160 Greece

Purchase Order No. (to be determined upon award)

All Boxes and AWB must be marked as “Diplomatic Cargo”.

DELIVERY SCHEDULE:

Delivery of the vehicle shall be made as soon as possible but not later ninety (90) days from the date of purchase order award.

DELIVERY COORDINATION:

The Contractor shall coordinate delivery with the Point of Contact (POC) Ms. Viktoria Kaimatzoglou, GSO / Receiving Office, email: KiamatzoglouVI@state.gov.

mailto:KiamatzoglouVI@state.gov

ADDITIONAL DELIVERY INFORMATION:

Contractor shall consolidate the entire shipment to prevent loss and misdirection. Partial shipments are not allowed. Packaging and preservation shall be IAW best commercial practices to enable shipment to final destination, without repacking or incurring damage during shipment and handling.

PLEASE NOTE: All orders are ultimately intended for an overseas destination. If the shipment will involve wood packaging material, then the packing and palletizing must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15:

“Guidelines for Regulating Wood Packaging Material in International Trade” (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated domestic delivery address that do not meet these standards will be rejected and must be corrected at the contractor’s expense.

MARKING AND SUBMISSION OF DOCUMENTS:

The shipment must be clearly marked with the requisition and purchase order number (to be advised on award).

All related items included on this order and associated documents shall be labeled and marked for, and the shipping documents, including original bills of lading, certificates of origin and commercial invoice shall be submitted by courier or international courier to the consignee’s following address:

U.S. Embassy Athens ATTN.: CDR Anthony Garner Office of Defense Cooperation (ODC) 91 Queen Sophia Avenue Athens 10160 Greece

Email: GarnerMA@state.gov

To avoid rejection, please contact the Delivery Coordination POC(s) Ms. Viktoria Kaimatzoglou, GSO / Receiving Office, email: KiamatzoglouVI@state.gov for this order prior to shipping.

CONDITION OF DELIVERED VEHICLE:

Only new vehicles are authorized; no grey market or refurbished products, and not altered in any way. Vehicle must be in original packaging, never used, and not altered in any way.

CUSTOMS CLEARANCE AND TAX EXEMPTION:

The U.S. Government will assist the Contractor in obtaining customs clearance and tax exemption certificates from the Government of Athens in accordance with Marking and Submission of Documentation requirements for this contract.

mailto:GarnerMA@state.gov mailto:KiamatzoglouVI@state.gov

The order is VAT exempt. The VAT exemption code will be provided after award of the purchase order.

INSPECTION & ACCEPTANCE

The inspection and acceptance of the vehicle shall be performed by the U.S. Government arrival in the U.S. Embassy Athens, Greece. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of the vehicle and upon presentation of the vehicle titles or certificates of origin to the GSO / Receiving Office in Athens, Greece.

The Contractor is required to replace any defective items at no additional cost to the U.S.

Government.

PAYMENT

Payment shall be made after delivery and satisfactory inspection and acceptance of the vehicle and presentation of the vehicle titles or certificates of origin to the location set forth in Delivery Place.

Payment shall be made through Electronic Funds Transfer (EFT) into Contractor’s bank account within thirty days as stated above and upon submission of legitimate invoice.

INVOICE SUBMISSION

(a) Invoice(s) shall be emailed to the following address for payment:

U.S. Embassy Athens Attn: Financial Management Office (FMO) E-Mail: ATHFMCVOUCHER@state.gov

(b) Invoice shall include the items listed in FAR 52.212-4g.1 and copy of the purchase order.

Copies of all invoices shall be submitted to the Contracting Officer via email to WalkerAK@state.gov and FrankfurtRPSO@state.gov.

NOTE: Advance Payment shall not be authorized under this contract.

APPLICABLE CONTRACT CLAUSES

The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference:

• FAR 52.212-1, Instructions to Offerors - Commercial Items applies to this acquisition

• FAR 52.212-2, Evaluation – Commercial Items mailto:ATHFMCVOUCHER@state.gov mailto:%20WalkerAK@state.gov mailto:%20WalkerAK@state.gov mailto:FrankfurtRPSO@state.gov

• FAR 52.212-3 - Offeror Representations and Certifications - Commercial Items – to be completed with other certifications and submitted with the offer

• FAR 52.212-4, Contract Terms and Conditions - Commercial Items

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

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

52.204-10; 52.209-6; 52.222-19; 52.222-50; 52.223-18; 52.225-13; 52.232-33.

• DOSARS: 652.232-70; 652.242-73; 652.243-70

The full text of the referenced FAR and DOSAR clauses may be accessed electronically at https://www.acquisition.gov/content/regulations.

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (OCT 2018) (Deviation 2017-02)

The whistleblower protection of 41 U.S.C 4712 has been removed from paragraph (r) of FAR clause 52.212-4. The following revised paragraph applies:

(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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(End of Clause)

ADDENDUM TO FAR 52.212-5 CONTRACT TERMS AND CONSITIONS REQIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

(DEVIATION 2017-02) (JUL 2021).

(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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 u.s.c. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

https://www.acquisition.gov/content/regulations

_X_(4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (April 2014)( 4 1 U.S.C. 4712) relating to whistleblower protections).

The following clauses and provision(s) are provided in full text:

ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

The Government will 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.

The Government reserves the right to award without any discussions. The following factors shall be used to evaluate offers:

(a) The following factors shall be used to evaluate offers:

(i) Price

The price will be evaluated by the lowest aggregate sum of the items including any delivery charges, custom clearance, handling charge, VAT (if applicable) etc.

(ii) Technical Capability/Acceptability

Technical capability is equal to price.

(b) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of Provision)

52.225-17 EVALUATOIN OF FOREIGN CURRENCY OFFERS (FEB 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using http://ice.cgfs.state.sbu in effect as follows:

(1) On the date specified for receipt of offers if award is based on initial offers; otherwise

(2) On the date specified for receipt of proposal revisions.

(End of provision)

ADDENDUM TO FAR 52.212-1 INSTRUCTION TO OFFERORS – COMMERCIAL

ITEMS (JUL 2021)

Pursuant to FAR 12.302(d), the provision at FAR 52.212-1, Instruction to Offerors – Commercial Items (JUL 2021) is augmented as follows:

1. The period for acceptance of offers of 30 calendar days as specified in FAR clause 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUL 2021) is hereby extended to 90 calendar days.

2. Preparation of Offers - Offerors shall prepare and submit its offer in two (2) volumes as set forth below.

VOLUME I - PRICING

(i) The offeror shall complete the table below:

Item no.

Description / Specifications Unit Quantity Unit Price Total Price

001 (Brand-Name Only) BMW X5 xDrive40i European-specification; SUV 5-door (245kw/333 PS) automatic transmission (4X4) in accordance with the specifications, Attachment -19GE5021Q0084 – Specifications / Technical Compliance Matrix

EA 1

002 Delivery/ Shipping Cost F.O.B destination to U.S. Embassy Athens, Greece in accordance with “Delivery Place” of the solicitation.

LOT 1

http://ice.cgfs.state.sbu/

TOTAL FIRMED-FIXED PRICE

CURRENCY:

DELIVERY TIME IN DAYS FROM

PURCHASE ORDER AWARD

*Special condition relating to currency: Payment must be made in the quoted currency.

Offeror must verify that laws and regulations of the country of its incorporation authorize payment in the quoted currency.

(ii) Offerors must submit the following Representations and Certifications with their Volume I Pricing:

• 52.212-3 Offeror Representations and Certifications - Commercial Items (June 2020)

• 52.204-24 Representation Regarding Certain Telecommunications and video surveillance services or equipment (October 2020)

(iii) Proof of SAM registration: Offeror 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/

VOLUME II - TECHNICAL CAPABILITY & PAST PERFORMANCE

The proposed supply shall meet all of the minimum technical specifications and the delivery terms contained herein. In addition, the offeror shall provide:

(A) Descriptive Literature

(B) A delivery confirmation providing delivery within ninety (90) calendar days from contract award including a delivery schedule.

(C) Warranty provisions: Standard warranty is implied and shall be included in the contract price.

(D) Technical Compliance Matrix:

See Attachment 19GE5021Q0084- Technical Compliance Matrix.

SUBMISSION OF OFFERS:

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

All Offers and all supporting documentation shall be submitted per email to:

Mr. Anthony Walker Email: WalkerAK@state.gov

SUBMISSION OF QUESTIONS:

Interested parties may submit any questions concerning the solicitation as soon as possible but not later than 10:00 hrs. Central European Summer Time (CEST) on August 14, 2021 to the above email address. The email subject line must read “Solicitation 19GE5021Q0084”. Late questions may not be considered.

OFFER DUE DATE:

Offers shall be submitted as soon as possible but not later than 10:00hrs Central European Summer Time (CEST) on September 18, 2021 to the above email address. The email subject line must read “Solicitation 19GE5021Q0084”. The size shall not exceed 50MB. Emails shall not include zipped files (.zip / .rar).

Late submissions shall not be considered.

APPLICABLE LAWS AND REGULATIONS:

Solicitation and award will be subject to laws and regulations of the United States of America.

ATTACHMENTS:

• Justification for other than full and open competition

• 19GE5021Q0084 – Specifications / Technical Compliance Matrix

{END OF SOLICITATION}

Eric N. Moore Contracting Officer mailto:WalkerAK@state.gov