Summary of Contract Terms and Conditions - MSGQ Project.doc

SOLICITATION PROVISIONS AND CONTRACT TERMS AND CONDITIONS

FOR

RENOVATION AND EXPANSION OF MARINE SECURITY GUARD QUARTERS

LA REINA DISTRICT – SANTIAGO, CHILE

UNITED STATES EMBASSY – SANTIAGO, CHILE

REQUEST FOR PROPOSALS (RFP) NUMBER

S-WHARC-09-R-0005

Marine Security Guard Quarters Loreley 1592 La Reina District – Santiago, Chile

PART 1 – PRE-AWARD

SOLICITATION PROVISIONS AND PROPOSAL DOCUMENTS

1. IMPORTANT INFORMATION, DATES, AND CONTACT INFORMATION:

· Contractor Questions. Submit questions as soon as possible, but no later than Friday, June 5, 2009, so that responses can be provided well in advance of the June 24, 2009 proposal due date. Questions should be sent to Robert Lindquist by fax (954-630-1165) or by e-mail (LindquistRA@state.gov). E-mail is preferred.

· Distribution of Information:

a) The Contracting Office will provide all project related documents and information, including any amendments and responses to contractor questions, through https://www.fbo.gov. Contractors should become familiar with this Internet site and how to find project documents and information.

b) Only written responses from the Contracting Officer are considered official.

c) Any amendments will be issued on a Standard Form 30. Offerors must acknowledge all amendments in writing in Block 19 of the Standard Form 1442. This document is part of the proposal.

· Proposal Due Date. Proposals are due by Wednesday, June 24, 2009, and may be submitted either to the contracting office in Fort Lauderdale, Florida or to the U.S. Embassy in Santiago, Chile. The exact address and other delivery instructions for each location are provided in Section L (item L.5). The U.S. Embassy will be accepting hand-delivered proposals only.

· Magnitude of Construction Project. It is anticipated that the magnitude of construction will be between U.S. $200,000 to $450,000.

2. SUBMISSION OF OFFERS – SUMMARY: (Section L)

· Each Offer Shall Consist of Three Separate Volumes.

Volume I.

Executed Standard Form 1442, "Solicitation, Offer and Award (Complete the Offer Section Only).

Completed Section K, Offeror Representations and Certifications.

Volume II. Price Proposal

Completed Section B (total Price).

Completed Price Proposal Breakdown (Section J, Attachment 3).

Volume III. Business Management/Technical Proposal

Proposed Work Information.

Experience and Past Performance.

Performance Schedule in Bar Chart Form.

Narrative Description of Work Plan/Methodology.

· Offerors shall submit proposals in an original and one copy, and shall also submit a copy of the entire proposal on floppy disk or CD-ROM disk.

· Submission of Offers is covered in Section L (item L.5). Summary instructions are provided in L.5.1, and more detailed instructions are provided in L.5.2.

3. SUBMISSION OF OFFERS – ADDITIONAL INFORMATION:

VOLUME I:

· Standard Form 1442. For the Standard Form 1442, complete only the “Offer” section (Blocks 14 through 20) on the top of the second page (see example below). Acknowledge all solicitation amendments is Block 19.

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS:

CODE

FACILITY CODE

17.

The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within 90 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS U.S. $

(Written) (Numbers)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

· Section K. Contractor Representations and Certifications

1. Item K.3 (Small Business Program Representations) only applies to U.S. companies.

2. Item K.4 (Defense Base Act – Covered Contractor Employees) needs to be completed.

VOLUME II:

· The total price entered in Section B (item B.1) should be the total price for the project including Value Added Tax (VAT or IVA). VAT does not have to be shown separately in Section B, as the more detailed proposal price breakdown provided as Section J, Attachment #3 shows VAT separately.

· Please use Section J, Attachment #3 (Price Proposal Breakdown) in the format provided. Do not tailor the format or provide your price proposal in a different format. If you feel that there are items that are necessary, but that were not included in the format provided, they can be listed separately under the section titled “Other”.

VOLUME III:

· Proposed Work Information. Make sure to address all of the items listed.

· Experience and Past Performance. The information provided for experience and past performance should be relevant and adequate. For example, make sure to provide contracts that are similar in size, scope, etc. to this project, and provide adequate information about each project (dollar amount, type of work, etc.) and the role of your company (prime contractor, subcontractor, etc.). Also make sure to provide references, including contact information, for the projects you list.

· Performance Schedule in Bar Chart Form. Make sure that the schedule shows key milestones, and that it includes sufficient detail to demonstrate your understanding of the project requirements.

· Narrative Description of Work Plan/Methodology. Provide sufficient detail to clearly demonstrate your understanding of the project, and the key considerations for planning and carrying out the work.

4. PROPOSAL EVALUATION AND AWARD: (Section M)

· Basis for Award. The Government intends to award a contract resulting from this solicitation to the lowest priced, technically acceptable offeror that is a responsible contractor.

· Initial Evaluation (Compliance). Does the proposal comply with the solicitation requirements? This means…

1) was it prepared in accordance with Section L (Instructions, Conditions, and Notices, to Offerors),

2) does it meet all of the requirements set forth in the other sections of the solicitation, and

3) was it received in a timely fashion.

· Technical Evaluation. All companies that were determined to have complied with the solicitation requirements will be evaluated for technical acceptability. It’s important that the business management/technical proposal includes all of the information requested in Section L, or the Government may not be able to determine a company’s technical acceptability.

· Responsibility Determination. The above steps will lead to the selection of an “apparent successful offeror” by the Government. Before an award, the Contracting Officer will first complete a responsibility determination of the apparent successful offeror (see M.1.2, item “c”).

· Contract Award. Contingent upon a successful responsibility determination, an award will be made.

· The Government reserves the right to reject proposals that are unreasonably low or high in price.

· Award may be made based on initial proposals and without holding discussions. However, if necessary, a competitive range may be established and discussions be held with all companies within the competitive range before requesting final proposal revisions.

· Unsuccessful offerors will be notified in accordance with FAR 15.5.

PART 2 – AWARD

HIGHLIGHTS OF CONTRACT TERMS AND CONDITIONS

1. CONTRACT TYPE: (Section B) The contract type will be a firm fixed-price contract payable either in U.S. dollars of Chilean Pesos. No additional sums will be payable for any escalation 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.

2. DELIVERIES AND PERFORMANCE: (Section F)

· Deliverables. The following items shall be delivered under this contract:

Deliver

· Period of Performance. 180 calendar days after Contracting Officer issues a notice to proceed.

· Liquidated Damages.

Assessed at $339.72 per day for every day of delay past the 180 day period of performance.

No liquidated damages assessed once “substantial completion” is reached.

Additional time allowed for excusable delays.

· Working Hours/Days.

Generally Monday through Friday, 8:00 a.m. to 7:00 p.m.

No additional time provided to contractor for holidays taken.

No additional compensation provided to contractor for holidays worked.

· Notice to Proceed (NTP).

After award the CO will issue a Limited NTP for the procurement of equipment and materials, and site mobilization. A NTP with construction will not be issued until all required bonds and insurance documents have been submitted.

· Excusable Delays. Examples are provided in Section F (item F.9). The contractor will be allowed additional time, not compensation, for excusable delays.

3. INVOICING AND PAYMENTS: (Section G)

a) Contractor may invoice as often as monthly.

b) Invoices will generally cover the value of labor and materials completed and in place for the preceding month, and a pro-rated portion of overhead and profit.

c) Invoices will be submitted to the U.S. Embassy, and payments will be made to the contractor within 30 days following receipt of the invoices.

d) Invoices shall include Value Added Tax as a separate line item.

e) Invoices may include materials not yet used in construction, provided that the materials have been delivered to the construction site, have been determined to be acceptable, and are properly stored.

f) There will be no Advance Payments under the contract.

4. BONDS AND INSURANCE: (Section H)

· Bonds Required.

Performance and Guarantee Bond. 15% of the contract price (excluding IVA) during construction; reduces to 5% of the contract price for a period of one year following project completion.

· Alternative Form of Security. If acceptable based on local practices, an alternative form of security may be provided in lieu of bonds, such as a bank letter of credit/guarantee (see Section J, Attachment #2).

· Minimum Insurance for Project. The contractor must obtain for the project Crossed Civil Liberties Insurance in the minimum amount of U.S. $150,000.00.

The Contractor is also required to enroll any of its personnel who will perform any amount of work at the construction site in the Chilean Social Security System so that those workers are covered for any illness or injury that might occur at the construction site.

· Determination of Acceptable Bonds and Insurance. The Performance and Guarantee Bond that was provided in Section J as Attachments #1 was provided as a sample only. Local (Chilean) offerors may use whatever form is customarily used for construction bonds. The CO and COR will determine if the bonds and insurance are acceptable and meet the contract requirements.

5. CONSTRUCTION OPERATIONS: (Section H)

· General. The contractor is fully responsible for instituting adequate safety and quality assurance plans, and is responsible for the actions and conduct of all contractor personnel working at the project site.

· Temporary Facilities and Services.

a) The contractor shall erect all temporary facilities (storage sheds, shops, offices, etc.) and utilities (water, sewage, phone, electricity, etc.) as required. The cost of these temporary buildings and utilities is included in the contract fixed price.

b) Temporary facilities and utilities shall be disassembled and removed by the contractor at its own expense when the project is completed.

c) The contractor shall make necessary arrangements to provide adequate bathroom facilities for workers, and for the appropriate removal and disposal of garbage/refuse from the site.

d) The contractor will be responsible for obtaining any zoning approvals and/or building permits for the project.

6. CONSTRUCTION MATERIALS: (Section H)

a) Equipment, materials, and fixtures used in construction shall meet or exceed the standards established in the contract drawings and specifications.

b) Any substitutions of specified materials must receive the prior approval of the COR.

c) The contractor shall be responsible for the custody of all materials received for incorporation into the project, and shall take appropriate measures to store and safeguard materials and equipment delivered to the site.

d) Surplus materials remaining at the end of construction shall become the property of the Contractor, except for any items that may have been Government furnished.

7. SITE SUPERINTENDENT: (Section H) The Contractor shall assign a full-time site superintendent to the project who is a registered Architect or Registered Engineer and a graduate from a local institution or other accredited institution. The COR will determine if the person proposed by the Contractor to be the site superintendent meets this requirement.