Sol_7200AA20R00049 posting.pdf

SUBJECT: Request for Proposals No. SOL 7200AA21R00049 USAID FFP - Djibouti Pre-position Warehouse and Other Logistics Services

Issue Date: 5/13/2021 Questions Due date: 5/20/2021 at 11 AM Local Washington DC time (Eastern) Proposal Due Date: 6/14/2021 Closing Time: 11:00 a.m. Washington DC time (Eastern)

Dear Prospective Offeror:

This procurement is for USAID Pre-Position Warehousing and Logistical services in support of the Title II - Food for Peace food aid program(s). This solicitation is being issued for commercial items (services) pursuant to FAR part(s) 12 and 15. The NAICS Code for this procurement is 493110. This solicitation is issued using Full and Open Competition with no set asides and is a re-solicitation from 7200AA20R00013 which was partially cancelled. Note that the Pricing spreadsheet (See Section J, attachments) will follow shortly as amendment 1.

Proposals shall address the requirements as set forth in the attached RFP. Offerors must be registered in SAM at the time of proposal submission with no debt flags present. Offerors should furthermore note that Section 889 of the National Defense Authorization Act is fully incorporated into this solicitation (See Section K). Proposals must be submitted via e-mail per Section L of the RFP to rohicks@usaid.gov with pvicinanzo@usaid.gov in cc. All proposals must be received by the stated closing date and time.

This request for proposal in no way obligates the United States Agency for International Development (USAID) to make an award, nor does it commit USAID to pay any costs incurred in the preparation and submission of proposals.

Questions must be addressed via email at pvicinanzo@usaid.gov and rohicks@usaid.gov by May 20, 2021 at 11 AM Washington local time (Eastern).

Sincerely, /s/

Paul Vicinanzo Contracting Officer about:blank

A. See 1449 form in attachments

B. Supplies or Services/Prices

B.1 PURPOSE

The purpose of this contract is to provide warehousing and other logistics services as described in detail in Section C, the Statement of Work.

B.2 CONTRACT TYPE

USAID anticipates awarding a firm fixed price unit rate type contract with this solicitation.

Each proposal must contain the option year pricing as requested below in Section B.4. Each contract will be for a base period of two years with three (3) one-year options. Per container or per trailer rates will be considered non-responsive. Offerors should carefully review their unit prices to ensure they reflect the offerors’ intention and impact on the pricing scenario as described in Section L.

B.3 CONTRACT CEILING

USAID anticipates incrementally funding this contract and it must not exceed the following amount as designated below over each of the five years.

Djibouti: TBD

B.4 PRICE SCHEDULE

Please provide rates (in USD) as requested in the table that follows this section, B4.

If incurred, the following charges will be reimbursed at cost with supporting documentation of incurred and paid charges as these are pass-through charges. These charges include the following, but are not limited to:

SHIPPING DOCUMENT FEES

TERMINAL HANDLING

PORT FEES

FUMIGATION

Djibouti PREPO Warehouse Offerors shall provide rates for the CLINs in the spaces below for Djibouti. Rates must be provided on a per gross metric ton basis, per pallet basis, per unit basis, or per bag/carton basis as described in each CLIN. Per container or per trailer rates may be considered non-responsive. The base period is two years with three one year options.

CLIN # CLIN DESCRIPTION

WAREHOUSE LOCATION:

Horn of Africa REGION

Base Period Option Year 1

Option Year 2

Option Year 3

STORAGE RATE PER GROSS METRIC TON PER

DAY (COMMODITIES IN 25 OR 50 KG BAGS OR

OIL IN CARTONS, STACKED)

STORAGE OF PALLETIZED COMMODITIES PER

PALLET PER DAY

STORAGE IN TEMPERATURE CONTROL PER

PALLET PER DAY

STORAGE OF NON-FOOD ITEMS PER PALLET

PER DAY

STORAGE OF EMPTY BAGS PER PALLET PER

DAY

STORAGE OF EMPTY CARTONS PER PALLET PER

STORAGE OF EMPTY PALLETS PER PALLET PER

STORAGE OF NON FOOD BULK ITEMS

INCLUDING BUT NOT LIMITED TO VEHICLES

PER UNIT PER DAY

BREAKBULK RECEIPT AT FAS POSITION TO

WAREHOUSE FLOOR, INSIDE FREE TRADE

ZONE PER METRIC TON

10 a

DRAYAGE OF 20/40 FT CONTAINER/TRAILER

FROM CY TO WAREHOUSE DOOR, INSIDE FREE

TRADE ZONE – PRIMARY (SPECIFY FTZ) PER

METRIC TON

10 b

DRAYAGE OF 20/40 FT CONTAINER/TRAILER

FROM CY TO WAREHOUSE DOOR, INSIDE FREE

TRADE ZONE – ALTERNATE, IF APPLICABLE

(SPECIFY FTZ) PER METRIC TON

11 a

DRAYAGE 20/40 FT CONTAINER/TRAILER FROM

WAREHOUSE DOOR, INSIDE FREE TRADE

ZONE TO CY – PRIMARY (SPECIFY FTZ) PER

METRIC TON

11 b

DRAYAGE 20/40 FT CONTAINER/TRAILER FROM

WAREHOUSE DOOR, INSIDE FREE TRADE

ZONE TO CY – ALTERNATE, IF APPLICABLE

(SPECIFY FTZ) PER METRIC TON

UNLOAD 20/40 FT CONTAINER/TRAILER OR

TRUCK AT WAREHOUSE DOOR PER METRIC

TON

LOAD 20/40 FT CONTAINER/TRAILER OR

TRUCK AT WAREHOUSE DOOR PER METRIC

TON

LOAD BREAKBULK CARGO IN SIDE FREE

TRADE ZONE WAREHOUSE FLOOR TO FAS

VESSEL POSITION PER METRIC TON

15 AIRFREIGHT ONLY – LOAD PER PALLET

16 AIRFREIGHT ONLY – UNLOAD PER PALLET

AIRFREIGHT ONLY – DRAYAGE FROM AIRPORT

PER PALLET

AIRFREIGHT ONLY – DRAYAGE TO AIRPORT

PER PALLET

REPACKAGING/RECONSITUTION OF

DAMAGED CARGO per BAG OR CARTON

REPACKAGING/RECONSITUTION OF

DAMAGED PALLETIZED CARGO PER PALLET

CUSTOMS CLEARANCE SERVICES PER

CONTAINER (CONTAINERIZED CARGO)

CUSTOMS CLEARANCE SERVICES PER METRIC

TON FOR BULK AND BREAKBULK CARGO

SECTION C - Description/Specifications

C.1 Clauses

INTRODUCTION

A. Background

The United States Agency for International Development (USAID) Title II Food Aid Program is established under the Food for Peace Act, Title II, the legislation provides for domestic and overseas pre-positioning of packaged and bulk humanitarian food aid commodities in order to respond rapidly to humanitarian food aid requirements. The Food for Peace Act, as amended by the Agricultural Improvement Act of 2018, authorizes USAID to maintain warehouses outside of the United States for prepositioning food aid commodities. USAID seeks the services of a logistics company to assist with the implementation of the Food for Peace Act, Title II legislation and International Disaster Assistance (IDA) by entering into a contract for warehouse and logistics services.

B. Scope

USAID anticipates procuring the services of a logistics company to provide warehouse and other logistics services. The contractor must provide warehousing space in the location noted below upon request by USAID. These services must include, but are not limited to, the receipt, storage, inventory management and reporting, handling and dispatch of prepositioned commodities, primarily U.S. government-owned Title II commodities. The commodities will generally consist of either packaged or bulk agricultural products to be used to respond to humanitarian emergencies anywhere in the world. In addition to Title II program food aid commodities, USAID may order warehousing services for other commodities owned by USAID including International Disaster Assistance (IDA) funded non-food items (NFIs). NFIs that may be stored in the warehouse include, but are not limited to:

▪ Wool/Fleece Blankets (bales on pallets)

▪ Hygiene Kits (cartons on pallets)

▪ Kitchen Sets (cartons on pallets)

▪ Water Treatment Units (loose crates that can be stored on pallet)

▪ Water Bladder Kits (loose crates that can be stored on pallet)

▪ Settling Tanks (loose crates that can be stored on pallet)

▪ Collapsible Water Containers (cartons on pallets)

▪ Utility Task Vehicles (UTVs), can be parked between rows)

C. Objectives

The goal of the prepositioning program is to strategically position and temporarily store Title II packaged and bulk food aid commodities around the world in order to respond efficiently and effectively to humanitarian emergencies. To this end, the contractor(s) will provide warehousing and logistical services to USAID to operate its Title II food aid programs in the Djibouti area.

The warehouse will be located as designated below:

● Djibouti, Djibouti near the Port of Djibouti, which will primarily support, but is not limited to, areas from Sudan to Kenya. The warehouse must be located in a Free

Trade Zone. USAID has a strong preference for the Djibouti Free Zone (DFZ), UKAB and/or East Africa Holdings (EAH).

The U.S. Government anticipates purchasing more than 100,000 metric tons of packaged and bulk food aid commodities per year to be pre-positioned at overseas warehouse locations. Our historical data shows that approximately half of the overseas tonnage will be diverted to a final destination other than the prepositioned warehouse while in transit. The diverted tonnage will not require warehousing as it will be delivered directly to its final destination.

In FY 2020, USAID reached 5 countries through the Djibouti prepositioning program and stored 5 different types of commodities. USAID’s Bureau for Humanitarian Assistance (BHA) supplied 70,340MT of Title II food aid commodities, both packaged and bulk, via the Djibouti prepositioned warehouse program to reach countries in the East Africa/Horn Region.

Contract performance shall be in Djibouti, Djibouti.

To facilitate an efficient and expedient response to humanitarian emergencies around the world, the contractor must provide USAID with warehousing, inventory management and reporting, port operations and transport services in the contracted region(s). These services include but are not limited to destination port customs documentation and clearance services, port consignee tariffs/dues, phytosanitary documentation (import and export), warehousing services and local and regional transport.

Ancillary services such as cargo handling, port clearance, custodial and logistical service(s) (including procurement and storage of bags, pallets, boxes, ties, etc.) may be required.

USAID may have food commodities that require temperature and environmental control(s).

D. Requirements

The contractor must have warehouse space available in any/all locations with a minimum of 30-day notice at the request of USAID. USAID has a significant preference for warehouse space located within a free trade zone, and more specifically in the Djibouti Free Zone (DFZ), the UKAB, and/or East Africa Holdings. The contractor does not have to maintain open warehouse space when not required by USAID. USAID will declare net metric ton storage requirements as early as practicable. Generally notice will be provided at least 30 days prior to delivery.

The Contractor must provide the following:

● proposed port location region(s) wherein warehousing services will take place;

● proposed warehouse size;

● number of loading bays,

● through-put capabilities and handling equipment available

● distance from port area as well as truck and rail services and other related logistical abilities.

● photographs of warehouse facilities intended for use.

Warehouse(s) will be maintained on behalf of USAID for a required period of time. At the end of the required time period, USAID will request that the warehouse(s) services at that location temporarily cease.

The warehouse contractor(s) is solely responsible for, including but not limited to, understanding and navigating all unique challenges and ensuring adherence to all government and port regulations, customs clearance, country specific commodity regulations and storage time limits that may be encountered in the country of the warehouse location(s).

The Contractor must have at least two years of experience working in the port(s) and have knowledge of local customs and government ministry requirements for importing and exporting agricultural commodities. The contractor must also have a network of overseas agents that will ensure a timely response to the program requirements.

Receipt & Storage of Commodities For any overseas regional storage location(s), the government requires a warehouse facility located within close proximity of an F.A.S. ocean port vessel berth, with the ability to unload and load break-bulk cargo vessels with loose bags and/or boxed cargoes at a minimum load rate of 1,000 metric tons per day. The load facility must also have the capability to receive and load deep draft vessels and be in close proximity to a full service container terminal servicing the major global container lines. The load facility must have ample space to receive, hold, stuff/strip a minimum of twenty-five 20’ ocean containers or trucks per day at any time.

The government shall review, inspect, approve and accept, in writing, all warehouse(s) proposed by the contractor. The contractor must provide the government with their plan of operations for each warehouse.

The title to all USAID commodities is retained by USAID (at all times), whether it is in-transit or when stored at the contractor supplied warehouse(s). The contractor must:

● take delivery (possession, care and custody) of USAID food aid commodities, both packaged and bulk, from the transportation carrier at the foreign port,

● provide transport to/from the contractor's warehouse facility, unless otherwise directed by USAID

● store, secure and control the food commodities,

● obtain and/or generate all documentation related to the acceptance of possession of cargo as well as for the re-delivery/re-export of commodities,

● re-deliver commodities on a F.O.B. warehouse door or on an F.A.S. vessel basis to organizations designated by USAID.

● reconstitute any damaged commodities with packaging to be supplied by USAID unless otherwise directed by the Contracting Officer.

● arrange for the fumigation of all bagged commodities either monthly or as needed to maintain commodity integrity and to avoid cross contamination.

● arrange for the storage/segregation of damaged commodities, and the eventual donation and/or disposal of damaged commodities.

● allow for the monitoring and inspection of all cargoes and warehouse by an independent cargo surveyor

Though rare, USAID may also provide commodities via air transport. In such a case, contractor must take delivery of (or re-delivery of) cargoes at a nearby airport and provide the logistics and storage services specified above.

Cargo will generally consist of agricultural products (containerized, bagged, palletized or in cartons - whole grains and/or processed corn, wheat and/or soybean products, refined vegetable oils) bagged in 25 kilogram or 50 kilogram multi-walled polypropylene or paper bags. Cargo will also include vegetable oil primarily in 6 liter tins, in boxes, palletized, and shrink-wrapped but may (rarely) also include 5-gallon pails or plastic containers.

Commodities may also include Ready-To-Use-Therapeutic Foods (RUTFs) packed in cases approximately 8 in. height x 16 in. length x 13.25 in. width and containing 150 pouches of RUTF. The contractor must store commodities in a manner which ensures ease of access, inspection and fumigation. The contractor must preserve the condition of commodities and must follow the USAID (– Food Aid Product Information Guide -https://www.usaid.gov/food-assistance/resources/food-aid-product-info

Besides food aid commodities, a range of non-food items may be stored. The non-food items may include, but are not limited to, blankets, hygiene kits, kitchen utensils, water treatment units, water bladder kits, settling tanks, collapsible water containers, utility task vehicles, and rolls of plastic sheeting.

USAID packaged food aid commodities must be stored off the ground and on pallets in the warehouse(s). Pallets are to be provided by the warehouse contractor and must not tear or damage bags or containers. The warehouse must be maintained in good repair at all times.

The contractor must maintain the interior of 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. The exterior of the warehouse and the container yard must be clean and free of pests, rocks, tall vegetation, and debris of any kind.

The warehouse must have a pest and rodent management and control program using an authorized third-party service provider. Additionally, the warehouse will be equipped with pest and rodent traps. The warehouse will undergo monthly food safety and quality auditing by the third-party USAID-contracted inspection company. USAID reserves the right to increase or decrease the frequency of inspections.

For purposes of maintaining good hygiene and sanitation, the warehouse must have a sanitation plan for the proper handling of food commodities and a sufficient number of clean, working toilets and showers as well as hand-washing stations with sinks. The warehouse must also make potable water available at all times for drinking.

The warehouse must comply with all local requirements including safety, phytosanitary, health, fire and inspection regulations. The contractor and its agents must 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. The U.S. Government does not require insurance against commodity loss. See the clause in the contract covering contractor insurance requirements.

In addition to the obligations detailed above with respect to cargo and facility maintenance, the contractor must be responsible for adhering to the requirements set forth in the attached document, Section J, entitled, USAID Expectations for Food Aid Storage and Warehouse Good Management Practices.

USAID has a significant preference for contractors with ISO Certifications in safe handling practices for food, logistics and freight forwarding, and/or Business Continuity Plans.

Additional information will be provided upon award regarding warehousing and maintaining food and non-food commodities.

Commodities must be stored in the warehouse in such a manner that commodity 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. The practice of First In/First Out inventory control must be maintained on all USAID Food commodities, unless otherwise instructed by

USAID. The contractor must coordinate receipt, possession and re-delivery of cargo with the transportation carriers, port officials, non-governmental organizations and custom authorities. The contractor is responsible for obtaining and/or generating all documentation relating to the acceptance and possession of the cargo, as well as any documentation associated with the re-delivery/re-export of the commodities to USAID-designated consignees or when the commodities are transported to other destinations by the contractor.

The contractor must ensure customs duty-free tax free possession of commodities and transfer of title to consignees. Title to cargo must remain with USAID, or other party designated by USAID, until title is transferred to the USAID/FFP designated organization (a PIO, NGO or cooperating sponsor).

If arriving cargo is containerized, the contractor must be required, depending on contracted terms with carrier, to strip containers at the port area or truck containers to its warehouse, strip the containers and return the empty containers back to the ocean carrier's yard in the port area. Container free time will be as per carrier tariff or contracted terms with the carrier. Any charges due to contractor exceeding allowable container free time must be for the account of the contractor.

If the cargo is discharged in bulk at the port, in accordance with USAID’s direction, the contractor must:

1. Receive the cargo in 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. For bulk discharged cargoes, USAID will advise the contractor of the daily vessel bagging rate, without guarantee ; or

2. Receive and store bulk commodities, to be bagged or re-delivered as directed at a later time.

Any unreasonable delay caused by the 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.

The contractor will provide written reports including but not limited to in-bound receiving reports, overage / shortage / loss / damage / wet / torn or slack reports, out-bound shipping or delivery reports and on-demand snapshot inventory in stock status reports. All reports must reference the commodity PO numbers, PR numbers, and original freight solicitation number as assigned by the U.S. Department of Agriculture or USAID. Upon availability, the contractor must employ the USAID tracking/reporting systems to maintain this information. Until such a system is available, the contractor must provide an inventory management solution.

The contractor must be responsible for all port charges normally paid by the consignee for imported cargoes. Before acceptance of charges, contractor must specify to and seek approval of the Contracting Officer for customary port service charges, excluding customs duties as the cargo will be duty free. These expenses (customary port service charges) shall be reimbursed by the government on an actual cost basis.

When USAID requests that the contractor deliver to F.A.S. vessel, USAID will advise the contractor of vessel’s receiving capability without guarantee. Any delay caused by the contractor's inability to place commodities in a F.A.S. position, which results in vessel claims for detention or dead freight, shall 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 must 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 must also conduct condition inspections for any cargo five days prior to re-delivery or container stuffing. These condition inspections must be completed in accordance with the U.S. Federal Grain Inspection Service (FGIS) condition inspection guidelines for packaged commodities ( https://www.ams.usda.gov/publications/content/fgis-pdf-handbooks). If condition inspectors find infested commodities, the contractor must arrange and pay for fumigation of any lots found to be infested. Fumigation is to be done in accordance with the FGIS fumigation handbook (https://www.ams.usda.gov/publications/content/fgis-pdf-handbooks). The contractor must pay all costs associated with condition inspections and fumigation. Inspection costs must 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 must be sent to the USAID Contracting Officer’s Representative (COR) or Contracting Officer as directed by USAID.

Survey of commodity Inbound and outbound commodity survey operations will be performed by a third party contractor obtained under a separate contract unless so directed by the contracting officer or

COR.

Customs clearance The contractor must ensure that documentation and clearances are in effect which will permit duty and tax free transit into the area 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 COR.

Contractor may be required to obtain commodity phytosanitary certificates for bagged grains (rice, sorghum, wheat) and peas, beans, lentils or equivalent documentation from local government representatives for export. A sample of the United States version of this document is available at the following website link:

http://www.aphis.usda.gov/import_export/plants/plant_exports/downloads/PPQ576instr uctions.pdf

Government Condition Inspections The contractor must permit unannounced condition inspections of the warehouse and commodities by USAID or their agent to ensure that the commodities are being controlled and maintained in sound condition.

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."

Material Storage The contractor must 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 preposition commodities within the program. The contractor must provide the supervision, labor, time and materials to track, manage and report food aid commodities within the preposition supply chain.

Building/Structure Requirements 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.

g) Warehouse(s) must be maintained in a clean, sanitary condition suitable for the storage of food commodities.

All warehouse locations are subject to inspection by USAID representatives prior to acceptance by USAID and throughout the term of the contract to determine and verify the suitability of the facility.

END OF SECTION C

SECTION D - Packaging and Marking

Clauses

D.1 752.7013 CONTRACTOR-MISSION RELATIONSHIPS. (OCT 1989)

(a) The Contractor acknowledges that this contract is an important part of the

United States Foreign Assistance Program and agrees that its operations and those of its employees in the Cooperating Country will be carried out in such a manner as to be fully commensurate with the responsibility, which this entails.

(b) The Mission Director is the chief representative of USAID in the Cooperating

Country. In this capacity, he/she is responsible for the total USAID program in the cooperating country including certain administrative responsibilities set forth in this contract and for advising USAID regarding the performance of the work under the contract and its effect on the United States Foreign Assistance Program.

Although the Contractor will be responsible for all professional, technical, and administrative details of the work called for by the contract, it shall be under the guidance of the Mission Director in matters relating to foreign policy. The Chief of Party shall keep the Mission Director currently informed of the progress of the work under the contract.

(c) In the event the conduct of any Contractor employee is not in accordance with the preceding paragraphs, the contractor's Chief of Party shall consult with the

Mission Director and the employee involved and shall recommend to the

Contractor a course of action with regard to such employee.

(d) The parties recognize the right of the U.S. Ambassador to direct the removal from a country of any U.S. citizen or the discharge from this contract of any third country national or cooperating country national when, at the discretion of the

Ambassador, the interests of the United States so require. Under these circumstances termination of an employee and replacement by an acceptable substitute shall be at no cost to USAID.

(e) If it is determined that the services of such employee shall be terminated, the

Contractor shall use its best efforts to cause the return of such employee to the

United States or point of origin as appropriate.

(End of clause)

SECTION E - Inspection and Acceptance

E.1 Clauses

52.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996)

Inspection of all deliverables required hereunder shall be made by the COR, designated in Section G, who has been delegated the authority to inspect and accept all services, reports, and other required deliverables. Acceptance of services, reports, and other deliverables by the COR shall form the basis for payments to the Contractor. Inspection services will also be performed by an independent inspection company. The Contractor is required to make facilities, commodities, and services as described in Section C available for inspection by USAID or its inspection contractor at any time during the performance of this contract.

SECTION F - Deliveries or Performance

F.1 Clauses

52.242-15 STOP-WORK ORDER. (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

F.2 ADDRESS FOR REPORTS

Copies of all reports and other deliverables must be sent to the COR (or if requested, to the CO), as required, specified in Section G.

F.3 KEY PERSONNEL REQUIREMENTS

The key personnel that the Contractor must furnish for the performance of the contract(s) are as follows:

Overall Project Manager

1. Bachelor's Degree in Business with emphasis in Supply Chain Management, Transportation and Logistics, Sales and Marketing, or International Business

2. Minimum of ten years’ experience in international transportation, logistics and warehousing operations.

3. Preference for experience specifically in import and export customs clearance;

warehouse acquisition, storage and protection of food commodities; managing local drayage and inland transport of commodities, obtaining local country agricultural documentation and clearances.

4. Detailed knowledge of operational procedures regarding air, ocean, import/export business

5. Strong customer service, customer development, or business development experience

Warehouse and Ports Operations Manager

1. High school Diploma or GED

2. Preferred but not required, a Bachelor's Degree in Business with emphasis in Supply

Chain Management, Transportation and Logistics, Sales and Marketing, or International Business

3. Minimum of five years’ experience in international transportation, logistics and warehousing operations, specifically import and export customs clearance;

warehouse acquisition, storage and protection of food commodities; managing local drayage and inland transport of commodities; obtaining local country agricultural documentation and clearances.

4. Detailed knowledge of operational procedures regarding air, ocean, import/export business

5. Strong customer service, customer development, or business development experience

The personnel specified above are considered to be essential to the work being performed hereunder. Prior to replacing any of the specified individuals, the Contractor must immediately notify both the Contracting Officer and COR reasonably in advance and submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No replacement of personnel will be made by the Contractor without the written consent of the Contracting Officer.

Contractual Relationship with Ocean Carriers and Private Voluntary Organizations (PVOs) - Contractor will coordinate with ocean carriers and PVOs as necessary to implement the terms of this Contract.

F.4 DELIVERABLES AND DELIVERABLES SCHEDULE

The Contractor will provide written reports including but not limited to inbound receiving reports, overage / shortage / loss / damage / wet / torn or slack reports, outbound shipping or delivery reports and on-demand snapshot inventory in stock status reports. All reports must reference the commodity PO numbers, PR numbers, and original freight solicitation number as assigned by the U.S. Department of Agriculture or USAID. Upon availability, the contractor must employ the USAID tracking/reporting systems to maintain this information. Until such a system is available, the contractor must provide an inventory management solution.

The Contractor will provide to the COR reports for receiving, storing and delivering commodities and the condition of the warehouse as requested by the COR. The Contractor must promptly notify the COR in writing of any change in ownership or operation of the warehouse or of any change in the capacity, structure, construction, and/or ventilation of the warehouse.

The Contractor is responsible for the day-to-day inspection and monitoring of all Contractor and sub-contractor work performed to ensure compliance with contract requirements. The results of all inspections conducted by the Contractor must be documented on a weekly inspection report and made available to the COR by close of business on the first workday of each succeeding week. The reports must include, but not be limited to, clear and concise inspection results, deficiency descriptions, process inspected, and adequate corrective action statements that prevent deficiency recurrence.

The Contractor must provide report(s) to the COR on warehouse volumes and activities using a planning and monitoring system that focuses on performance with requirements summary(s) and specific technical tally reports. In addition to these reports, the Contractor will also submit a final contract completion report. All reports must be in English and in a format that has been approved by the COR.

Report type Frequency

Inventory Report Provide weekly at a minimum and/or as requested by the COR

Inbound/Receiving Report

Upon the arrival of the cargo. May be incorporated into the Inventory Report subject to approval by the COR.

Outbound/Loading Report

Upon loading of the cargo. Provided to Implementing Partner with copy to the COR.

Damages Report Provide weekly at a minimum and/or as requested by the COR. May be incorporated into the Inventory Report subject to approval by the

COR.

Inspection Report Provide weekly or as directed by the COR.

Quarterly Performance Report

Within 45 days after the end of each quarter

The Contractor must submit a brief report on its quarterly performance within 45 days of the end of the period being covered. The report should address the following areas: (a) performance objectives/expected outputs for the quarter; (b) summary of major accomplishments during the quarter as well as unexpected or unplanned outcomes/activities during the quarter; (c) outstanding issues and implementation problems and options for resolving these issues and problems; (d) status toward achieving sustainability of efforts; (e) planned performance objectives for the next quarter; and, (f) an administrative report covering expenditures by contract budget category and status of funds available to date.

F.6 PERIOD OF PERFORMANCE

The period of performance for this contract is one base period of two (2) years with three

(3) one-year option periods.

F.7 CONTRACTOR RESPONSIBILITY

F.7.1 The Role of Government Personnel and Responsibility for Contract

Administration

A. Government Quality Control: Government quality control personnel are subordinates of the COR and are responsible for inspecting the Contractor's day-to-day work. The responsibilities of Government quality control program include, but are not limited to, inspecting the work to ensure compliance with the contract requirements; documenting, through written inspection reports, the results of all inspections conducted; conferring with Contractor representatives regarding any problems encountered in work performance, and generally assisting the COR in meeting contract responsibilities.

B. Government Quality Control

The Government will use a variety of inspection methods to evaluate the Contractor's performance, and more than one inspection method may be used. Examples of inspections are:

a. Planned (periodic) surveillance of service work items (daily, weekly, monthly, quarterly, semiannually, or annually).

b. 100% inspection of service work items.

c. Review of Management Information System and Inventory Data.

d. Unscheduled inspections.

e. Process monitoring.

f. Scheduled/Unscheduled audits.

g. Random inspection

h. Sampling inspection

F.8 RECEIVING, UNLOADING, AND INSPECTION

A. Coordination - The contractor must coordinate with USAID, and Carriers regarding the shipment, handling and receipt of commodities, in order to assure the efficient transport and receipt of commodities.

B. Inspection and Report of Damage - Before unloading, the Contractor will inspect the delivering conveyance for apparent damage either to the conveyance or to the commodities. The Contractor will immediately notify the carrier and USAID in writing if any visible defect or discrepancy in the commodities exists, including but not limited to:

1. A broken seal or a seal discrepancy;

2. A shipment which is over, short, damaged, or contains torn bags, boxes or cases; or

3. A shipment with visible insect infestation or other apparent damage.

The Contractor will confirm such notifications in writing to USAID. The Contractor will also complete the consignee receipt immediately upon receipt of commodities and will immediately provide the receipt to USAID.

C. Instructions - Damaged commodities will be handled in accordance with instructions from USAID, at the carrier’s or USAID’s expense, unless the contractor is found to be at fault.

D. Liability - The Contractor will not be liable to USAID for any damage reported to the carrier and USAID prior to placement of commodity on the warehouse floor.

Subsequent to the placement of commodity on the warehouse floor, the contractor is responsible for the commodities.

F.9 RECEIPTS, STORAGE, AND CONDITION

A. Receipts & Commodities Accepted for Storage – The Contractor, on receipt of commodities must issue non-negotiable warehouse receipts to USAID representing such commodities promptly upon completion of inspections. These warehouse receipts must be issued by the Contractor on a form approved by USAID, for each lot of commodities stored. An electronic warehouse receipt for receiving, delivery and storage will be acceptable.

B. Place and Manner of Storage, Lot Identity - The warehouse will store the commodities:

1. Only at a warehouse listed in the Schedule of Warehouse(s) unless otherwise authorized in writing by USAID;

2. In such manner that lot identity is maintained to the extent that, when redelivery of any lot is ordered by USAID, the identical commodities deposited will be re-delivered.

C. Condition and Protection of Commodities - The Contractor must take all commercially reasonable steps necessary to preserve the condition of commodities and must follow good commercial practices in storing and maintaining the commodities.

F.10 TARIFF REQUIREMENTS - TRANSIT TONNAGE - DEMURRAGE

A. Tariffs - If applicable, the Contractor must observe the carrier's lawful tariffs, rules, regulations, and loading and unloading requirements.

B. Truck Demurrage - If the Contractor knows or has reason to believe that demurrage charges may be incurred, the Contractor must immediately notify USAID in writing.

The warehouse contractor will pay all demurrage charges associated with delivery or re-delivery of commodities, to the extent they bear responsibility for such charges.

F.11 RESPONSIBILITY FOR CONDITION OF WAREHOUSE AND

PROTECTION OF COMMODITIES

The Contractor must maintain the warehouse in a sound, clean condition and in accordance with the standards in this contract, take all commercially reasonable steps to keep it free of insects, rodents, birds, droppings/feces and other conditions which may adversely affect the condition of the commodities or their containers, including but not limited to fumigation.

The Contractor must, in accordance with the standards in this contract, take all commercially reasonable steps to promptly detect any deterioration, insect infestation, rodent damage, mold, or any other condition which may adversely affect the condition of the commodities or their containers. The Contractor will conduct daily inspections of cargo in the warehouse, provide ventilation as needed and order inspectors separate from USAID’s third party inspection contract, when necessary.

If any of the conditions above are detected, the Contractor must notify USAID in writing.

Pending receipt of instructions from USAID, the Contractor must take all reasonable steps necessary to protect and preserve the affected commodities or their containers. In addition, the Contractor must ensure that no other USAID commodities are harmed through storage or handling in the proximity of the affected commodities.

Contractor must fumigate the commodities as necessary or as determined to be necessary by inspection.

F.12 LOST OR DAMAGED COMMODITIES

A. Liability - The warehouse contractor will be liable to USAID for loss or damage to commodities caused by the contractor's failure to discharge promptly and properly the contractor’s failure to exercise such care in regard to commodities as a reasonable and prudent contractor would exercise under like circumstances.

The contractor will not be liable for damages which could not have been avoided by the exercise of such care including damage resulting from (1) a preexisting commodity condition, (2) a force majeure event, or (3) storage of the commodities beyond the natural deterioration period for the commodity in ideal warehouse conditions as defined here for each commodity -https://www.usaid.gov/food-assistance/resources/food-aid-product-info . The Contractor will be liable only for the actual amount of any loss in value.

B. Recondition – The Contractor will be given a reasonable opportunity to recondition and restore any lost or damaged commodities to a condition acceptable to USAID before any assessment of liability is made. Contractor must request packaging (i.e.

empty bags) for reconditioning as necessary.

C. Rejection of Damaged Commodities – The contractor will maintain the commodities in a sound, undamaged condition and will deliver to PVOs or USAID the identical commodities received from USAID. The contractor may be liable to USAID, at USAID’s discretion, for any loss in value of such commodities from the time of delivery to the warehouse until the commodities are re-delivered to USAID or PVOs.

If USAID determines at any time that any quantity of commodities held by the contractor is damaged or is in unsound condition, USAID may reject such commodities and the contractor will be liable to USAID for the full value of the rejected commodities. The contractor will reimburse USAID an amount equal to the value of the commodities.

Upon approval by USAID, the contractor will:

1. First recondition the damaged commodities that are still fit for human consumption and restore them to a condition acceptable to USAID. The contractor will be liable to USAID for any decrease in quantity or quality of such commodities.

2. For the commodities that no longer fit for human consumption, the contractor will be responsible for selling or otherwise disposing of such damaged commodities and remit the proceeds of such disposition to USAID except the contractor must pay USAID the difference between the proceeds from such disposition and the value of the commodities received from

USAID for storage. Please see Section F.12.D for the proper disposition procedures.

Upon a determination by USAID that any commodities delivered to the contractor by USAID are in good order and are subsequently damaged due to contractor negligence, storage charges with respect to such damaged commodities will cease to accrue for the account of USAID. Storage charges for the account of USAID will resume only upon the date such damaged commodities have been reconditioned or replaced in accordance with the above.

Notwithstanding any other provisions of this section, if USAID determines that the contractor is not liable for the loss in value of damaged commodities:

1. The contractor will remit the proceeds derived from any sale of such damaged commodities to USAID, and USAID will reimburse the contractor for the expenses of such sale at the hourly rates negotiated, and,

2. Storage charges will continue to accrue for the account of USAID with respect to the damaged commodities until such time as the damaged commodities are sold or delivered in accordance with instructions issued by USAID.

D. Disposition

Contractor must sell or otherwise dispose of rejected commodities. All dispositions must be in accordance with National, State, and local regulations and requirements.

All government markings on both inner and outer containers must be completely obliterated prior to disposition with a permanent opaque paint, and all labels which bear such government markings must be removed. Any such markings so obliterated or removed must be overlayed or replaced with commercial labels.

If Contractor is not liable for the loss or damage that caused USAID’s rejection, then USAID will continue to pay storage charges until the commodities have been disposed of and USAID will be responsible for all costs associated with the disposition of the commodities. Any net proceeds of the disposition must be remitted to USAID.

If Contractor is liable for the loss or damage that resulted in rejection, storage charges will cease to accrue upon rejection and Contractor will bear the costs of disposition.

F.13 LOADOUT OF COMMODITIES

A. In accordance with instructions issued by USAID, the Contractor must load out, or transfer, the identical commodities received from USAID, unless substitution has been approved by USAID. For commodities ordered loaded out by USAID, the Contractor must:

1. Load out such commodities as directed by USAID. The shipping instructions issued by USAID will allow the Contractor at least three (3) working days from the date of issuance of such instructions to begin load out and will provide for load out at a rate not to exceed that specified in Section C under D.

Requirements. The Contractor is reminded of the carrier’s opportunity and responsibility to inspect and reject commodities prior to taking receipt.

Shipments will be checked during loading, or loaded out under the supervision of a USAID representative, as provided in the shipping instructions.

2. Provide notice of any delays as provided for above. USAID will not assess the warehouse contractor for damages or demurrage if USAID determines that the delay was without the fault of, and beyond the control of, the contractor.

F.14 PERFORMANCE STANDARDS

The standards of storage as noted in the Food for Peace Commodity Reference Guide are applicable, unless otherwise directed by the Contracting Officer and/or Contracting Officer’s Representative. The reference guide and fact sheets can be found here, and may be subject to revision at any time – https://www.usaid.gov/food-assistance/resources/food-aid-product-info

Delivery and Re-delivery – Transfer of Possession and Responsibility

1. Delivery to the warehouse

a. Transfer of possession of commodities and associated responsibility from the Carrier to the Contractor takes place either alongside vessel, at the warehouse door or when commodities are placed at rest on the warehouse floor by Carrier. In cases where it is the responsibility of the Carrier to deliver cargoes on to the warehouse floor, Carrier contracts with USAID will specify delivery in accordance with FAR 52.247-35, F.o.b. Destination, Within Consignee’s Premises and the destination will be specified as the warehouse floor.

b. Carrier or container demurrage will be the responsibility of the Contractor even if Contractor meets or exceeds delivery productivity levels shown on Schedule A.