SOL-0AA-17-000044_Retender_to_Post.pdf

SUBJECT: Request for Proposals No. SOL-OAA-17-000044 Re-tender

USAID FFP - Domestic Pre-position Warehouse and Logistics Services

Issue Date: May 9, 2017 Closing Date: June 12, 2017 Closing Time: 11:00 a.m. Eastern Time

Dear Prospective Offeror:

This re-tender is for USAID’s Domestic 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 pursuant to FAR part(s) 12 and 15. The NAICS Code for this procurement is 493130 with Geographic Code 935. This solicitation utilizes Full and Open Competition with no set asides.

Offerors should carefully review this re-tender that is being made to accommodate a change in Program requirements (food grade certification was changed to a preference) and evaluation criteria (Subcontracting Plan is now a part of the Business Proposal). Offerors should also carefully review and adhere to all deadlines associated with this RFP.

Proposals shall address the requirements as set forth in the attached RFP. You must fill out and include Standard Form 1449 duly signed with your proposal. Proposals must be submitted via e-mail only per Section L of the RFP to ckarpinski@usaid.gov and rohicks@usaid.gov. All proposals must be received by the stated closing date and time for the entire offer to be considered on time.

Technical and Business Proposals must be submitted separately following the instructions as per Section L of this RFP.

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 in writing via email at ckarpinski@usaid.gov and rohicks@usaid.gov.

No oral questions or phone calls will be accepted. Questions will be accepted through May 19, 2017 by 5 PM EST only.

Sincerely, Paul Vicinanzo Contracting Officer mailto:ckarpinski@usaid.gov mailto:rohicks@usaid.gov

SECTION A - SOLICITATION/CONTRACT FORM

PART I - THE SCHEDULE.......................................................... PAGE 2

SECTION B - SUPPLIES OR SERVICES/PRICES.................. PAGE 2

SECTION C - DESCRIPTION/SPECIFICATIONS ............... PAGE 4

SECTION D - PACKAGING AND MARKING.................. PAGE 13

SECTION E - INSPECTION AND ACCEPTANCE............ PAGE 14

SECTION F - DELIVERIES OR PERFORMANCE........... PAGE 15

SECTION G - CONTRACT ADMINISTRATION DATA....... PAGE 25

SECTION H - SPECIAL CONTRACT REQUIREMENTS... PAGE 30

PART II -- CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES ................................ PAGE 34

PART III -- LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS ... PAGE 57

PART IV -- REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF BIDDERS ...................................... PAGE 58

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

........ PAGE 69

SECTION M - EVALUATION FACTORS FOR AWARD ….. PAGE 85

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES/PRICES

B.1 PURPOSE

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

B.2 CONTRACT TYPE

USAID anticipates awarding at least one commercial items firm fixed price unit contract with performance in the US Gulf Region. USAID may make more than one award if it is advantageous to the Government; however, the Government is not obligated to make more than one award.

Each proposal shall contain the option periods requested below in Section B.4.

Each contract will be for a base period of two years with three (3) one-year options.

Unless otherwise agreed to by the Contracting Officer and subject to availability of funds, the anticipated period of performance for this contract shall be as follows:

Base period: October 1, 2017-September 30, 2019 Option Year 1: October 1, 2019-September 30, 2020 Option Year 2: October 1, 2020-September 30, 2021 Option Year 3: October 1, 2021-September 30, 2022

B.3 CONTRACT CEILING

Subject to availability of funds, USAID anticipates incrementally funding one or more contracts and they shall not exceed the designated ceiling over the five year period.

The ceiling amount shall be as follows: TBD

B.4 PRICE SCHEDULE

Please provide rates as requested in the table provided on the following page, following instructions as provided in Section L and the attachment in Section J.

Note: 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

CUSTOM SERVICE FEES

TERMINAL HANDLING

FUMIGATION (PER METRIC TON)

PORT FEES

COMMODITY DESTRUCTION (PER METRIC TON)

Offerors shall provide rates for the below CLIN’s using the attachment provided in Section J. Note that the Base period is for TWO Years with three one year options.

ALL RATES ARE TO BE EXPRESSED PER GROSS METRIC TON UNLESS OTHERWISE

SPECIFIED

Storage Rate: Amount to store commodities on the warehouse floor Rail Car Stripping: Amount to strip rail cars Container/Trailer Stripping/Stuffing: Amount to strip or stuff a trailer or rail car Container/Trailer Drayage Rate: Amount to truck to the closest deep water port Stevedoring/Vessel Loading: Amount to load to a vessel Reconsitution : Amount to place damaged commodities or packaging in sound bags (50 kg ONLY) or pails/cartons (Vegetable Oil)

Contract ‐ rates and prices for the CLIN's in the spaces below.

CLIN

Base Period 2 Years

Option Period 1

Option Period 2

Option Period 3

1 Storage Rate ‐ Per Gross Metric Ton/ per Day 2 Rail Car Stripping

3A Container /Trailer Stripping/Stuffing ‐ 20' 3B Container /Trailer Stripping/Stuffing ‐ 40' 3C Container /Trailer Stripping/Stuffing ‐ 48' 3D Container /Trailer Stripping/Stuffing ‐ 53' 4A Container/Trailer Drayage Rate closest deep water port ‐ 20' 4B Container/Trailer Drayage Rate closest deep water port ‐ 40' 4C Container/Trailer Drayage Rate closest deep water port ‐ 48' 4D Container/Trailer Drayage Rate closest deep water port ‐ 53' 5A Container/Trailer Drayage Rate second deep water port ‐ 20' 5B Container/Trailer Drayage Rate second deep water port ‐ 40' 5C Container/Trailer Drayage Rate second deep water port ‐ 48' 5D Container/Trailer Drayage Rate second deep water port ‐ 53' 6 Stevedoring/Vessel Loading (50kg bags) (25kg bags) (Vegetable Oil – cans/pails/drums)

7 Reconstitution of Damaged Commodity, including re‐ palletization and/or shrink‐wrapping

8 Storage of Empty Cartons, Bales (50‐kg. bags, 4 bales per pallet without guarantee), or Pallets

SECTION C - Description/Specifications

C.1 PURPOSE

USAID is seeking to obtain domestic warehousing and logistics services for prepositioned Title II humanitarian food commodities in the United States Gulf Region.

The commodities will largely consist of packaged agricultural products in bags or cartons. The commodities may be processed or unprocessed. They may include specialized emergency food products, such as Ready to Use Food (RUF) and Super Cereal Plus (SCP), that require at a minimum ambient air temperature storage below 80 degrees Fahrenheit, and/or temperature-controlled storage, if the ambient air temperature exceeds 80 degrees Fahrenheit.

USAID requires warehousing services at, or in close proximity to, a major ocean port in the U.S. Gulf of Mexico region.

The contractor shall provide a warehouse suitable for the storage of food assistance commodities. The warehouse(s) shall be available upon the request of USAID. The contractor is not required to maintain open warehouse space when not requested by USAID. The contractor must have warehouse space available at the request of USAID with 30-days written notice. The warehouses will be maintained on behalf of USAID for a specified period of time. At the end of the specified period of time, USAID will request that the contractor cease the provision of warehouse services at the contracted location(s).

C.2 BACKGROUND

The United States Government is the world’s largest donor to international food assistance programs. On average, the USAID Office of Food for Peace (FFP) programs more than $2 billion in Title II, International Disaster Assistance (IDA), and Development Assistance (DA) resources each year. For more than 60 years, the majority of these resources have been provided in-kind through the Title II program. USAID prepositions tens of thousands of metric tons of Title II commodities annually to provide rapid response to emergency humanitarian food aid needs.

The 2014 Farm Bill authorizes USAID to maintain warehouses for prepositioned emergency food assistance commodities. USAID is seeking the services of a logistics company to receive and store such cargo until it is needed for export. For food assistance commodities, these services will include: (1) receipt of the commodities from railcars or trucks and placement of the commodities in the warehouse, or in a Free Alongside (FAS) vessel position, (2) storage of the commodities until they have been designated for export, and (3) re-delivery of the commodities, including delivery FAS vessel, container yard or stacked into railcars or trucks at the warehouse door for onward transportation.

During the previous two fiscal years, purchases of food assistance commodities for domestic pre-positioning averaged approximately 57,000 net metric tons (FY 15) and 63,000 net metric tons (FY 16), respectively. Without guarantee, USAID expects to purchase a similar volume of commodities in future fiscal years. Actual volumes of food assistance commodities will depend on emergency needs and availability of funds.

C.3 OBJECTIVE

The objective of this contract(s) is to provide USAID with ambient and temperature-controlled dry storage as well as logistics, port operations and transport services for food assistance commodities. Warehousing services for food assistance commodities are required to be provided in the U.S. Gulf of Mexico region. Some ancillary services such as intermodal transport, cargo handling, custodial and logistical services (including commodity reconstitution or disposal, and procurement and storage of bags, pallets, boxes, etc.) may also be required.

C.4 STATEMENT OF WORK

a) Warehouse Size, Location and General Requirements:

1) USAID anticipates purchasing approximately 50,000 – 60,000 net metric tons of domestically prepositioned international food assistance commodities in an ambient, dry storage warehouse during the course of an average fiscal year. A USDA licensed warehouse is required for all commodities stored by the contractor on behalf of USAID.

Besides an ambient, dry storage warehouse, USAID also requires access to a, temperature-controlled facility that can accommodate RUF and other specialized nutrition products (up to 1000 net metric tons at a time). Such commodities must be stored in a facility where the ambient air temperature does not exceed 80 degrees Fahrenheit. Adequate space must be available to accommodate shrink-wrapped pallets.

(RUFs and other specialized nutrition products must not be stacked more than two pallets high.)

2) Both the ambient and temperature-controlled warehouses for food assistance commodities must have:

• A system for ensuring lot traceability,

• Electronic Data Interchange (EDI), barcoding and radio frequency (RF) scanning capabilities,

• 24/7 security,

• Video monitoring,

• Proper firefighting guidelines and equipment.

• A warehouse quality management system that includes:

o A maintenance plan for the facility and grounds, o Documented procedures for the storage, handling and transportation of food assistance commodities, and o Documented procedures for the control of records related to USAID food assistance commodities, including all out-sourced services such as pest control, cleaning, etc.,

• Sanitation procedures and a regular cleaning schedule,

• A comprehensive pest management plan,

• Adequate ventilation,

• Continuously monitored digital temperature control, and

• Personnel who are qualified to properly stow and handle food grade commodities.

The contractor must possess and maintain evidence that the proposed warehouse(s) is suitable for the storage of food commodities. Similarly, the contractor must possess and maintain a warehouse food safety and quality management guideline covering all the points indicated above, including a checklist for the implementation and data collection of such a system. Contractor is encouraged to seek additional information from USAID on warehouse food safety and quality management.

All procedures and records must be up-to-date and available for immediate review upon the request of USAID.

USAID will declare the net metric tonnage storage requirement at least 30 calendar days prior to the arrival of the cargo at the warehouse.

The maximum quantity that may be stored at any given time in the ambient temperature warehouse is 30,000 net metric tons. For the temperature-controlled warehouse, it is 1,000 net metric tons. USAID does not guarantee a minimum quantity of commodities at any given time.

In the event that USAID requires storage in excess of the quantities specified above, the contractor will be requested to indicate their additional capabilities in writing. If necessary, the contractor will be requested to submit an amended operational plan to USAID for approval.

USAID requires that the food assistance commodity warehouse(s) be located in the U.S.

Gulf of Mexico region, either at, or within close proximity to an FAS ocean port vessel berth. The warehouses must be in a secure location. All proposed warehouse locations are subject to inspection by U.S. Government representatives prior to acceptance by

USAID.

The warehouse location must be readily accessible to major rail, truck and ocean transportation service providers. The location must afford ease of access to intermodal connections to key East and West Coast port facilities that provide frequent, regularly scheduled ocean transportation services (break-bulk and containerized) to regions of the world known to require food assistance (including but not limited to Caribbean, Sub- Saharan Africa, South and Southeast Asia,).

The location of the warehouse(s) must: (1) be in a location with direct rail service (with sidings), (2) provide unloading/bay areas that are covered to provide protection from the elements (3) able to handle a large volume of railcars, (4) be able to deliver commodity to an FAS vessel position to load break-bulk cargo with loose bags and/or cartons at a minimum of 1,800 metric tons per day, and (5) be able to stuff a minimum of forty containers per day for export. The export port facilities must have the capability to receive and load Panamax-sized vessels (with a minimum draft of 10 meters) and be in close proximity to a full-service container terminal. The load facility must have ample space to receive and hold at least 40 ocean containers at any given time.

Title to all USAID food assistance commodities will be retained by USAID at all times, whether the cargo is in-transit or stored at the contractor’s warehouse(s) until such time as title is transferred to the designated shipper (a Public International Organization (PIO), Non-Governmental Organization (NGO) or other cooperating sponsor). The commodities shipped to the warehouse are Government Property (see the FAR clause at 52.245-1, "Government Property.").

The contractor must obtain and utilize a USDA Web Based Supply Chain Management System (WBSCM) user id and password and utilize the system as directed by the Contracting Officer’s Representative (COR). In addition, the contractor will be responsible for the generation of documents and the provision of services related to the re-delivery/export of the cargoes, including the re-delivery of the cargoes on an FOB warehouse door or FAS vessel basis, to organizations designated by USAID. No freight forwarding services are required. For cargoes requiring air transport, the contractor will be required to deliver or take re-delivery at a nearby airport and provide the logistics and storage services specified above.

Food assistance commodities will largely consist of agricultural products (arriving containerized, bagged, palletized and shrink-wrapped or in cartons) such as whole grain cereals, processed corn, wheat or soybean products (i.e. all-purpose wheat flour, cornmeal, corn-soy blend, etc.), peas, beans, lentils, refined vegetable oils and other commodities. Whole grain cereals, fortified blended foods and pulses will be packaged in either 25 kilogram high performance multi-wall paper bags with an inner plastic liner or 50 kilogram woven, polypropylene bags. Refined vegetable oils will be packaged in either 5-gallon pails or 6 liter metal tins or plastic containers or 55 gallon drums.

Specialized emergency food products such as Ready to Use Therapeutic or Supplementary Food (RUTF or RUSF) and Super Cereals Plus (SC+) will be packaged in palletized, shrink-wrapped cartons. The types of commodities and the sizes and types of packaging specified herein have been provided for information purposes only and are subject to change at the discretion of USAID.

b) Standards of Storage:

In addition to the requirements specified herein, this contract adopts by reference the “Basic Standards” within the Standards for Approval of Dry and Cold Storage Warehouses for Processed Agricultural Commodities, Extracted Honey and Bulk Oils, (7 CFR Part 1423.2 Basic Standards).

The contractor must store the commodities in a manner which ensures ease of access for purposes of stock rotation, inspection, pest management and proper air circulation. The contractor must preserve the condition of the commodities and must follow the USAID Food For Peace Commodity Reference Guide Fact Sheet recommendations (https://www.usaid.gov/what-we-do/agriculture-and-food-security/food-assistance/resources/implementation-tools/commodity) as well as best commercial practices for proper handling and storage of food commodities.

The USAID food assistance commodities must be stored on racks or pallets in the warehouse(s). The commodities cannot be stored directly on the floor or the ground at any time. Racks or pallets are to be provided by the contractor and must not tear or damage the packaging. Tarps or other covers should be used to cover and prevent contamination or soiling of food commodities.

The warehouse must be wind and water tight. It must be free of cracks, holes, openings, or any other areas that would allow the harborage or entry of pests and birds. It must be in good repair inside and out, and free of potential sources of contamination, including, but not limited to, flaking paint, condensate from overhead pipes or structures, exhaust fans, fraying insulation, mold, dirt, bird droppings, etc.

The warehouse must be maintained in clean, dry condition at all times. Any equipment used in the handling of USAID cargo must also be clean and in good repair. The grounds of the warehouse must be free of weeds, trash, standing water, and rodent tracks or burrows. The contractor must ensure that the interior of each warehouse is free of pests such as insects, rodents, and birds as well as any other issues that may adversely affect the condition of food aid commodities or the packaging.

USAID food assistance commodities must not be stowed in close proximity to cargoes which are hazardous, odorous, infested, or which may otherwise pose a risk of loss or damage. All USAID food assistance commodities must be segregated from non-food items to prevent contamination from poisonous or deleterious materials - e.g. fuels, pesticides or other chemicals that could damage or taint the commodities in such a way as to render them unpalatable or otherwise unfit for human consumption.

The contractor must be licensed and insured at all times against liability for all manner of losses or damages that may occur during performance of the contract, including, but not limited to, losses or damages as a result of fire, water/flood, chemical exposure, heat exposure, pest infestation or theft. Furthermore, the warehouse must be in compliance with all federal and local laws and regulations, including all safety, fire, inspection, https://www.usaid.gov/what-we-do/agriculture-and-food-security/food-assistance/resources/implementation-tools/commodity https://www.usaid.gov/what-we-do/agriculture-and-food-security/food-assistance/resources/implementation-tools/commodity licensing, and insurance requirements. The contractor and its agents must provide USAID with copies of all licenses and insurance certificates covering personnel and facilities against liability for any such losses or damages that may occur during the term of the contract.

In accordance with the United States Warehouse Act, (USC 241-273) the contractor must possess a valid Export Food Aid Commodity Warehouse License Agreement (WA-502) with the United States Department of Agriculture (USDA) Farm Service Agency (FSA).

Information regarding the license agreement and associated fees can be found at:

https://www.fsa.usda.gov/programs-and-services/commodity-operations/index.

The contractor must possess and provide USAID with a copy of the current WA-502 upon request by the COR at any time during the performance of this contract.

c) Pest Management and Maintenance of the Facility:

A comprehensive, USAID-approved pest management plan covering both the interior and exterior of the warehouse, as well as the facility grounds, must be in place and continuously in effect during the term of the contract. Adequate pest management measures must be taken, both inside and out, to prevent infestation by insects, birds and rodents. The plan should include any special measures expected to be taken during the spring and summer months when insect activity is known to increase. If warehouse spraying, fogging or fumigation or any other application of pesticides is required, the application must be performed by a licensed company in accordance with all federal and local laws and regulations as well as industry best practices for food commodities.

Evidence of a comprehensive pest management plan must be provided for USAID review at all times, including a premise fumigation schedule that reflects the environmental conditions of the zone and insect activity data throughout the year. If at any time during the performance of the award USAID determines that the pest control measures being undertaken are inadequate, USAID will require the contractor to submit for USAID approval a revised pest management plan. Documentation will be required for reimbursement of costs associated with pest management.

The contractor is required to conduct twice-monthly condition inspections of the warehouse(s) and grounds. If any repairs to the facility are necessary, they must be completed promptly. All repairs are for the contractor’s account. The contractor is required to conduct weekly condition inspections of all food assistance commodities stored in the warehouse(s). The contractor is also required to conduct condition inspections for all cargo five days prior to re-delivery or container stuffing. For food assistance commodities, the condition inspections must be completed in accordance with the U.S. Federal Grain Inspection Service (FGIS) condition inspection guidelines for packaged commodities (https://www.gipsa.usda.gov/fgis/handbook/PCHB/PCH_2016- 03-08.pdf).

If inspectors find infested food assistance commodities, the contractor is required to immediately notify USAID and arrange for fumigation of all infested lots. Notification must be provided within one business day. The contractor must take any additional https://www.fsa.usda.gov/programs-and-services/commodity-operations/index https://www.gipsa.usda.gov/fgis/handbook/PCHB/PCH_2016-03-08.pdf https://www.gipsa.usda.gov/fgis/handbook/PCHB/PCH_2016-03-08.pdf measures deemed necessary to prevent the spread of the infestation. For food assistance commodities, the fumigation must be done in accordance with the FGIS fumigation handbook found here:

(https://www.gipsa.usda.gov/fgis/handbook/FumigationHB/FumigationHandbook_2016- 03-09.pdf).

The contractor must pay all costs associated with condition inspections and fumigation.

Fumigation costs must be billed directly at actual costs. Signed copies of all facility condition inspection reports, fumigation reports and evidence of facility repairs must be sent to the USAID COR on a twice-monthly basis. Condition inspection reports for food assistance commodities must be sent to USAID on a weekly basis.

Key Personnel

As specified in Section F4, the contractor shall provide key personnel - an Overall Project Manager and a Warehouse/Ports Operation Manager at all times during the performance of this contract. Changes must be approved by the Contracting Officer in writing. These personnel are in addition to any other employees required to fulfill the requirements established in the Statement of Work and the contract.

First In, First Out and Production Lot Traceability:

The contractor will be responsible for providing all services necessary to ensure proper inventory control of cargo in the warehouse. The contractor must have a system in place for ensuring cargo/production lot traceability. Evidence of such a system must be provided at the time of proposal submission. Cargo must be stored in the warehouse in such a manner as to ensure that lot identity is maintained. When the export of any lot is ordered by USAID, the lot must be readily identifiable and accessible for rapid shipment.

The practice of First In/First Out inventory control is required when handling all USAID cargo. Exceptions to First In/First Out inventory control shall only be made when instructed in writing by USAID.

USAID will specify the EDI, barcoding and RF scanning requirements as well as data collection and reporting requirements after award. Such requirements are subject to change during the term of the contract at the discretion of USAID.

Cargo Handling, Storage and Logistics Services:

The contractor must provide all port logistics, clearance, receipt, fumigation, warehousing, inventory control, commodity handling and export/re-delivery services as required by USAID. The contractor must secure, store and control the commodities and obtain and/or generate all documents related to the acceptance of possession of the cargo (i.e. Shipment Information Log, formerly known as the KC-366, relevant WBSCM forms, etc.). The contractor will coordinate the receipt, possession and export of the cargo with the transportation carriers, port officials, non-governmental organizations and customs 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 or export of the commodities to USAID-https://www.gipsa.usda.gov/fgis/handbook/FumigationHB/FumigationHandbook_2016-03-09.pdf https://www.gipsa.usda.gov/fgis/handbook/FumigationHB/FumigationHandbook_2016-03-09.pdf designated consignees or when the commodities are transported to other destinations by the contractor. Title to the cargo shall remain with USAID, or another party designated by USAID, until transferred by USAID to the food assistance award recipient (i.e. a PIO, NGO or other cooperating sponsor).

If the cargo arrives in railcars, trucks or in containers, the contractor may be required to strip the commodities from the conveyance(s) at the warehouse door or dray the containers from the port area (container yard) to the warehouse, strip the containers and then return the empty containers back to the ocean carrier's yard in the port area.

Container free time will be as per carrier tariff. Any charges due to the contractor exceeding the allowable railcar/container free time will be for the account of the contractor.

The contractor is required to provide USAID with written reports for all cargo 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.

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

Survey of Cargo:

Surveys are required for all cargo. Inbound and outbound food assistance commodity survey operations will be performed by firms other than the contractor unless so directed by the Contracting Officer or designated Contracting Officer’s Representative (COR).

The contractor must coordinate with the surveyors to ensure that surveys are performed.

Re-delivery of Cargo for loading onboard outbound vessel or designated shipper conveyance(s):

The release of commodities will be authorized by the USAID Contracting Officer or COR and in accordance with Section F.2.

Government Condition Inspections:

The contractor is required to permit unannounced condition inspections of the warehouse(s), grounds and cargo (both food assistance commodities and non-food items) by the U.S. Government (USG) or USG-authorized inspectors to ensure that the cargo is being controlled and maintained in sound condition. The inspectors shall provide the contractor with an authorization letter from USAID's Contracting Officer or COR.

Disposition of Unfit Food Assistance Commodities:

Any food assistance commodities deemed unfit for human consumption at the time of arrival or during contractor possession, must be disposed of by the contractor in accordance with United States Code, Title 22 Code of Federal Regulations Part 211.8 (b) and Section F.11. Any reference in the regulation to "cooperating sponsor" shall be substituted by "contractor."

END OF SECTION C

SECTION D - Packaging and Marking

D.1 752.7009 MARKING. (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

(c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

(d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the contracting officer; the original should be retained by the Contractor.

END OF SECTION D

SECTION E - Inspection and Acceptance

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR “52.252.-2 CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See http://acquisition.gov/far/index.html for electronic access to the full text of a FAR clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

Clause Number Clause Title 52.246-2 Inspection of Supplies - Fixed-Price. (AUG 1996)

52.246-2 Inspection of Supplies - Fixed-Price. (AUG 1996) - Alternate I (JUL 1985)

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996) 52.246-15 Certificate of Conformance. (APR 1984) 52.246-16 Responsibility for Supplies. (APR 1984)

END OF SECTION E

http://acquisition.gov/far/index.html

SECTION F - Deliveries and Performance

F.1 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 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 the claim 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.

(End of clause)

F.2 Delivery and Re-delivery – Transfer of Possession and Responsibility:

1. Delivery to the warehouse –

a. Transfer of possession of cargo and associated responsibility from the vendors’ carrier to the contractor takes place when the cargo is placed at rest on the warehouse floor by the 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, FOB 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 the contractor meets or exceeds delivery productivity levels in accordance with their proposed throughput capability, based upon the handling resource option purchased by USAID. The contractor is responsible for coordinating delivery and re-delivery with carriers. Carrier or container demurrage caused by factors outside the control of the contractor shall not be for the contractor’s account.

2. Re-delivery from the warehouse

Transfer of possession of cargo and associated responsibility from the warehouse to the PIO/NGO/other cooperating sponser’s carrier takes place when the cargo is lifted from the warehouse floor for placement in an ocean carrier’s or PIO/NGO/other cooperating sponser’s conveyance, in accordance with FAR 52.247-29 (FOB Origin, Contractor’s Facility) or FAR 52.247-36 (FAS Vessel, Port of Shipment), as directed by

USAID.

F.3 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.4 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. 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 ten years’ experience in transportation, logistics and warehousing operations.

4. 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.

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

6. Strong customer service, customer development, and 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 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 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 Third Party Inspectors, ocean carriers and PVOs as necessary to implement the terms of this Contract.

F.5 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 shall 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 the COR with reports for receipt, storage and delivery 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 Outbound/Loading Report Upon loading of the cargo Damages Report Provide weekly at a minimum and/or as requested by the COR Inspection Report Provide weekly Quarterly Performance Report Within 30 days after the end of each quarter

The Contractor must submit a brief report on its quarterly performance within 30 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) and planned performance objectives for the next quarter.

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. Review of Management Information System and Inventory Data.

c. Unscheduled inspections.

d. Process monitoring.

e. Scheduled/Unscheduled audits.

f. Random inspection

g. 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.

4. Any mismarked or unmarked shipments, including shipments with handwritten markings.

C. Instructions - Damaged commodities will be handled in accordance with instructions from USAID, at the carrier’s or USAID’s expense.

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.8 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 will follow good commercial practices in storing and maintaining the commodities.

F.9 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. Rail/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.10 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, 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 by telephone and confirm such notification 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.11 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 or 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 -http://www.usaid.gov/what-we-do/agriculture-and-food-security/food-assistance/r esources/implementation-tools/commodity. The Contractor will be liable for the actual amount of any loss in value and, if warranted, any associated ancillary charges.

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 or cartons) for reconditioning as necessary. All reconstitution efforts must be witnessed by USAID’s appointed Third Party Inspectors.

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.