Solicitation_Toyota Hilux_PR12683362.pdf

United States Embassy Bujumbura, Burundi

Delivery of a Toyota Hilux

SOLICITATION NO. PR12683362

July 09,2024

Combined Synopsis and Solicitation

Solicitation Number PR12683362

The U.S. Embassy Bujumbura-Burundi hereby provides the following RFQ for:

One (1) New Toyota Hilux for the U.S Embassy Bujumbura, Burundi

The evaluation of offers will be based on the Lowest-Priced, Technically Acceptable

(LPTA) approach.

Synopsis

This is a 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 PR12683362 and is issued as a Request for Quotations (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC number 2021-07, effective date 09-10-2021.

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, and all other expenses necessary to deliver the required vehicle. No additional sums will be payable on account of any escalations in the cost of materials, equipment, or labor, or because of the

Contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in currency exchange rates.

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 Government.

Product Brand Name

Sellers must state exactly what product/brand name they are bidding (including make, model, and description) and provide descriptive literature for the offer to be considered. It is the offeror’s responsibility to prove that the offered product meets the specifications.

Compliance with Specifications:

Offerors shall also provide with their offer, at a minimum, existing product literature from the manufacturer or a third party (i.e., clearly identifying the source) substantiating the acceptability

U.S Embassy

Bujumbura. Burundi

B.P. 1720

Avenue des Etats-Unis of their offered products in accordance with this solicitation’s specifications provided. Failure to provide this information will result in a ‘non- responsive’ offer and removal from award consideration.

Descriptive Literature

Definition: (a) "Descriptive literature" means information (e.g., cuts, illustrations, drawings and original manufacturers' brochures) that is submitted as part of an offer. Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as (1) design;

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

Other Specific Requirements:

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

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

• All manuals and literature shall be in the English and French languages.

Basis of Price:

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

Delivery

The contractor shall deliver to the following address:

U.S Embassy Bujumbura

B.P. 1720

50, Avenue des Etats-Unis-Kigobe

Marking:

The cargo must be clearly marked with the requisition and purchase order number

(to be advised on award).

Coordination:

The Contractor shall coordinate the delivery with the Point of Contact (POC) for this order.

Shipping documents for the items being shipped shall be sent to the POC prior to delivery.

[POC will be provided upon award.]

Inspection and Acceptance of the vehicle

The inspection and acceptance of the vehicle shall be performed by the U.S. Government upon its arrival at the Delivery point. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of the vehicle, and upon presentation of the certificates of origin or vehicle title to the POC.

Condition of Delivered Equipment:

Only new vehicles are authorized; no grey market or refurbished products, and not altered in any way. Manufacture date must be 2023 or later.

APPLICABLE CLAUSES AND PROVISIONS

The full text of the referenced FAR and DOSAR clauses may be accessed electronically at https://www.acquisition.gov/far/ and http://farsite.hill.af.mil/vfdosara.htm, respectively.

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 Products and Commercial Services

(November 2021)

FAR 52.21.202 Evaluation

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 52.247-48,

FAR 52.247-14

FAR 52.225-14,

FAR 52.225-13,

FAR 52.212-5,

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Items; the applicable clauses under paragraph (b) are:

52.203-18, 52.204-7, 52.204-10, 52.204-13, 52.204-25, 52.209-6, 52.223-18, 52.225-5, 52.225-13, [U.S. firms: 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37], 52.222-50, 52.232-33, 52.232-40, 52.246-2, and

DOSAR 652.232-70, DOSAR 652.242-73 and DOSAR 652.243-70, DOSAR 652.225-71

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

Addendum to 52.212-2 Evaluation – Commercial Items (Nov 2021)

The Government intends to award a contract resulting from this solicitation to the responsible offeror (as determined within the meaning of FAR Part 9, paragraph 9.104), whose offer conforms to the solicitation and is determined to be the most advantageous solution to the

Government, price and other factors considered. Evaluation will be based on offeror’s submission and the provision at FAR 52.212-2, as provided in this solicitation.

The Government has the right to award without any discussions.

(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 https://www.acquisition.gov/far/ http://farsite.hill.af.mil/vfdosara.htm

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 offeror’s specified expiration time, the

Government may accept an offer (or part of an offer), whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.211-6 Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The

Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(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 Evaluation 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.

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

Addendum to FAR 52.212-1 Instruction to Offerors – Commercial Items (Aug 2018)

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

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

In addition, offerors shall complete and submit the following:

VOLUME I:

1. PRICING

The offeror shall complete the table below:

Line

Item

Description Unit of

Issue

Quantity Unit Cost Total Cost

One (1) Toyota pickup Hilux, double cabin

Each

Spare Parts

Lot

003 Delivery Charge Lot 1

004 VAT (if applicable) Lot 1

GRAND TOTAL--FIRM-FIXED PRICE:

CURRENCY:

Delivery time in days from contract award:

2. REPRESENTATIONS AND CERTIFICATIONS

52.212-3 Offeror Representations and Certifications—Commercial Products and

Commercial Services (Nov 2021)

Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications. A completed copy of these provisions MUST be included on the System for Award Management (SAM) web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

https://www.sam.gov/portal

52.225-6 Trade Agreements Certificate (Feb 2021)

FAR clause 52.225-5 Trade Agreements applies, and the offeror shall submit the following certification as part of their Volume I:

(a)The offeror certifies that each product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(b)The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

List as necessary

(c)The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the

Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

https://acquisition.gov/content/part-25-foreign-acquisition#i1093771

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at

52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at

52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

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

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

13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The

Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the

Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

VOLUME II:

1. TECHNICAL CAPABILITY

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

(A) Delivery Information

(B) Technical Compliance Matrix

(C) Photos of Make/Model Being Offered

(D) Detailed Warranty Information

(E) Spare Parts List

SPECIFICATION UNIT OFFERED (TO BE

COMPLETED BY

OFFEROR)

Toyota pickup, double cabin with following options:

Engine size:2.8-3.0L–LHD

Fuel type: Diesel.

Transmission: Automatic

Brakes: ABS

Front: disc

Rear: drum

Drive: 4x4

Color: White

Bush bar.

Model code: GUN126L-DNTHXN

Speed:6

Front suspension: IFS Coil

Rear suspension: Rigid Leaf

Front brakes: Disc

Rear brakes: Drum

Number of doors:4

Number of seats:5

Parts List (See Attached)

MANUFACTURE (BRAND) / MODEL IDENTIFICATION

The proposed manufacture and model name / number:

CLIN MANUFACTURE (BRAND) MODEL NAME / NUMBER

Submission of Offers:

The complete offer submission shall include:

(1) Volume II: Price Offer and Representations and Certifications

(2) Volume II: Technical Capability – Parts (A) thru (E)

Submission of Questions

Interested parties may submit any questions concerning the solicitation as soon as possible but not later than 1600 Central African Time on July 21, 2024, via email to

BujProcurement@state.gov. The email subject line must read “Solicitation PR12683362

Offer due date

Offers shall be submitted as soon as possible but not later than 1500 Central African Time on

July 29, 2024 via email to BujProcurement@state.gov.

The email subject line must read “Solicitation PR12683362” The offer must be sent in NO

MORE THAN (2) ATTACHMENTS and be saved as follows:

PR_PUT PR NUMBER HERE_Volume_I Company Name

PR_PUT PR NUMBER HERE_Volume II_Company Name

The size shall not exceed 20MB. Late submissions shall not be considered. If you do not follow instructions for naming of attachments, your offer will not be considered.

Applicable laws and regulations

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

Jamie M. Fleischhacker

Contracting Officer

{END OF SOLICITATION}