SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1. REQUISITION NO. PAGE 1 OF NUMPAGES \* MERGEFORMAT 16 2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE See Block 31c 4. ORDER NO. 5. SOLICITATION NO. DABV01-04-R-0074 6. SOLICITATION ISSUE DATE 2JUN04 7. FOR SOLICITATION INFORMATION CALLa. NAME HYPERLINK "mailto:smithvc@1mardivdm.usmc.mil" smithvc@1mardivdm.usmc.mil b. TELEPHONE NO. (No collect calls) 423-520 (Al Fallujah Local) 8. OFFER DUE DATE/LOCAL TIME 9JUN04 1000 Baghdad Time 9. ISSUED BY CODE 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED FORMCHECKBOX SEE SCHEDULE 12. DISCOUNT TERMS Coalition Provisional Authority Contracting Activity Republican Presidential Compound FORMCHECKBOX UNRESTRICTED FORMCHECKBOX SET ASIDE: % FOR FORMCHECKBOX SMALL BUSINESS Baghdad, Iraq APO AE 09316 FORMCHECKBOX SMALL DISADV. BUSINESS FORMCHECKBOX 13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) FORMCHECKBOX 8(A) 13b. RATING SIC: SIZE STD: 14. METHOD OF SOLICITATION FORMCHECKBOX RFQ FORMCHECKBOX IFB FORMCHECKBOX RFP 15. DELIVER TO CODE 16. ADMINISTERED BY CODE SEE SECTION F LT CAMERON SMITH, CEC, USNR 17a. CONTRACTOR/ CODE OFFEROR FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE IMEF (via 1MARDIV) FORMCHECKBOX 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED FORMCHECKBOX SEE ADDENDUM 19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT SEE ADDITIONAL SHEET ATTACHED (Attach Additional Sheets as Necessary) 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) FORMCHECKBOX 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX ARE FORMCHECKBOX ARE NOT ATTACHED. FORMCHECKBOX 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX ARE FORMCHECKBOX ARE NOT ATTACHED. 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. 29. AWARD OF CONTRACT: REFERENCE ___________________ OFFER DATED _________________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) CDR Ellen E. Roberts 31c. DATE SIGNED 32a. QUANTITY IN COLUMN 21 HAS BEEN FORMCHECKBOX RECEIVED FORMCHECKBOX INSPECTED FORMCHECKBOX ACCEPTED AND CONFORMS TO THE CONTRACT EXCEPT AS NOTED 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT FOR FORMCHECKBOX PARTIAL FORMCHECKBOX FINAL 36. PAYMENT FORMCHECKBOX COMPLETE FORMCHECKBOX PARTIAL FORMCHECKBOX FINAL 37. CHECK NUMBER 32b. SIGNATURE OF AUTHORIZED GOVT REP 32c. DATE 38. S/R ACCOUNT NO. 39. S/R VOUCHER NO. 40. PAID BY 42a. RECEIVED BY (Print) 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location) 42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL STANDARD FORM 1449 (10-95) SECTION B – B id Schedule Item # Item Description Estimated Quantity Unit of Issue Unit Price (US $) Total Price (US $) 0001 Sewage Vacuum Truck 6 EA 0002 Water Jetting Cleaning Truck 3 EA 0003 Backhoe 3 EA Total NOTE: Use a copy of this sheet to submit multiple bids for options or other brands of equipment. SECTION D - Packaging – Marking Packing/Marking Instructions: All shipments shall be marked “Iraq Reconstruction Program” and “Shipment in transit for Humanitarian Purposes” 2. All shipments shall also be marked with the contract number. SECTION F – Delivery Vendor is to notify the Coalition Provision Authority project manager of delivery information. Deliver to: Municipal Warehouse, AL FALLUJAH, IRAQ LAT/LON: provided upon award POC: LT CAMERON SMITH, CEC, USNR: Email: HYPERLINK "mailto:smithvc@1mardivdm.usmc.mil" smithvc@1mardivdm.usmc.mil SECTION G - Contract Administration Payment: Payment shall be made via a bank to bank transfer within 3 days after receipt of a proper invoice. If payment is to be via EFT vendor is to complete the following: EFT Payment information: BENEFICIARY/COMPANY NAME: BENEFICIARY/COMPANY COMPLETE ADDRESS (STREET, CITY, STATE, COUNTRY): BENEFICIARY BANK NAME AND ADDRESS: BENEFICIARY BANK CODE [SWIFT, CHIPS, BLZ, ABA/RTN]: BENEFICIARY BANK ACCOUNT NAME: BENEFICIARY BANK ACCOUNT NUMBER: CONTRACT #/ DOCUMENT REFERENCE #/ POSTAL TRACKING #: ADDITIONAL INFORMATION / SPECIAL INSTRUCTIONS: Invoicing: Submit invoices via email to the Coalition Provision Authority project manager. See Appendix B paragraph #18 for additional invoicing instructions. If requesting payment via check provide name of the individual who will pick up the check. That person will then bring the check down to the Central Bank of Iraq (CBI) for payment with two documents that the Comptroller will supply. The check can only be cashed at the CBI. IDENTIFICATION OF CORRESPONDENCE: All correspondence and data submitted by the contractor under this contract shall reference the contract number. CONTRACT AND GRANT PROCEDURES APPLICABLE TO VESTED AND SEIZED IRAQI PROPERTY AND DEVELOPMENT FUND FOR IRAQ Standard Terms and Conditions for Solicitations and Contracts in Excess of $5,000 APPENDIX B Solicitation Terms and Conditions Solicitation Terms and Conditions Submission of Offers. The contractor will submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in the solicitation. Offers may be submitted on letterhead stationery or as otherwise specified in the solicitation. Proposals are required to be delivered to the IMEG-OICC office either by email or by hand. If delivered by email, please send to HYPERLINK "mailto:smithvc@1mardivdm.usmc.mil" smithvc@1mardivdm.usmc.mil. If delivered by hand, please deliver original and three (3) copies to Coalition Provisional Authority (CPA) – Civil Military Operations Center (CMOC) office, located in the Governor’s Building (downtown Ar Ramadi) or at the front gate of Camp Blue Diamond, formerly known as Champion Main. At a minimum, offers must show a. The solicitation number. b. The time specified in the solicitation for receipt of offers. c. The name, address, and telephone number of the offeror. d. A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary. e. Terms of any express warranty. f. Price and any discount terms. g. Payment address (if different from mailing address) h. Acknowledgment of solicitation amendments (if any) i. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers, and other relevant information) j. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration k. Solicitation is made pending the availability of funds. 2. Period for Acceptance of Offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. 3. Multiple Offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. 4. Reserved 5. Late Submissions, Modifications, Revisions, and Withdrawals of Offers. a. Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Contracting Officer designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 1630 hours, local time, for the designated contracting office on the date that offers or revisions are due. b. Any offer, modification, revision, or withdrawal of an offer received at the contracting office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition, and 1) if it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the contracting office not later than 1700 hours one working day prior to the date specified for receipt of offers, or 2) there is acceptable evidence to establish it was received at the location designated for the receipt of offers and was under government control prior to the time set for receipt of offers, or 3) if the solicitation was a request for proposals, it was the only proposal received. c. However, a late modification of an otherwise successful offer that makes the offer’s terms more favorable to the contracting organization issuing the solicitation will be considered at any time it is received and may be accepted. d. Acceptable evidence to establish the time of receipt at the contracting office includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of contracting office personnel. e. If an emergency or unanticipated event interrupts normal processes so that offers cannot be received at the contracting office designated for receipt of offers by the exact time specified in the solicitation, and urgent requirements preclude amendment of the solicitation or other notice of the extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal processes resume. f. Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. 6. Contract Award. The Contracting Officer intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Contracting Officer reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Contracting Officer may reject any or all offers if such action is in the public interest; accept other than the lowest-priced offer; and waive informalities and minor irregularities in offers received. 7. Multiple Awards. The Contracting Officer may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the schedule, offers may not be submitted for quantities less than those specified. The Contracting Officer reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. 8. Evaluation. The Contracting Officer will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the contracting activity, price and other factors considered. The offeror will provide brochures with pictures and technical specifications for each type of support vehicle. The award will be made to the offer(s) representing the best value to the Coalition Provision Authority. For the purpose of this solicitation, price, delivery, and technical in descending order of importance are the factors that will be evaluated by the Coalition Provision Authority. Offerors are encouraged to submit aggressive delivery schedules. Delivery must commence no later than 14 days after award and complete no later than 90 days after award. Proposals not meeting this criteria will not be evaluated further. The technical factor will be comprised of the following three (3) criteria: EQUIPMENT MEETS SPECIFICATIONS - Equipment listed in the bid schedule and provided by the supplier meets all of the specifications described in the General Scope of Work. PAST PERFORMANCE - Contractor can demonstrate the resources to provide the equipment requested in this solicitation. Provide a list of similar projects of similar value the contractor has successfully completed within the past five (5) years. REFERENCES - Contractor shall provide a minimum of three references that can attest to the contractor’s reputation and experience on past projects. Offers submitted must address all evaluation factors. 9. Reserved 10. Notice of Award. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance of the offer, shall result in a binding contract without further action by either party. Before the offer’s scheduled expiration time, the Contracting Officer may accept an offer (or part of an offer) whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 11. Protests. A contractor wishing to object to the terms of a solicitation, the termination of a solicitation, the award of a contract, or the termination of the award of a contract, shall present the matter to the Contracting Officer for an initial decision. The contractor shall state to the Contracting Officer the basis for the protest. If the contractor does not agree with the Contracting Officer’s initial decision, the Contractor may appeal the initial decision to the Head of Contracting Activity, CPA, for resolution. The decision of the Head of Contracting Activity, CPA, shall be the final decision in the matter. 12. Evaluation of Foreign Currency Offers. Offers must be submitted in US Dollars. Contract Terms and Conditions 1. Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Contracting Officer reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Contracting Officer may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. The Contracting Officer must exercise the post-acceptance rights: a. Within a reasonable time after the defect was discovered or should have been discovered, and b. Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 2. Assignment. The Contractor shall not assign, transfer, or make any other disposition of this Contract, or any part thereof, without the prior written consent of the Contracting Officer. 3. Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. 4. Disputes. This contract is not subject to the Contract Disputes Act of 1978, as amended (41 U.S. Code, Sections 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the United States Federal Acquisition Regulation Clause 52.233-1, Disputes, which is incorporated herein by reference except that appeals from final decisions of a Contracting Officer may only be appealed to the U.S. Armed Services Board of Contract Appeals (ASBCA). The decision of the ASBCA shall be final. The contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. 5. Excusable Delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Coalition Provision Authority activity in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. 6. Invoice. The Contractor shall submit an original invoice and three copies (or electronic invoice if authorized) to the address designated in the contract to receive invoices. The invoice must include: a. Name and address of the Contractor. b. Invoice date and number. c. Contract number, contract line item number, and, if applicable, the order number. d. Description, quantity, unit of measure, unit price, and extended price of the items delivered. e. Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on a bill of lading. f. Terms of any discount for prompt payment offered. g. Name, title, and phone number of person to notify in event of defective notice. 7. Patent Indemnity. The Contractor shall indemnify the Coalition Provision Authority agency involved in this contract and its officers, employees, and agents against liability, including costs, for actual or alleged direct or indirect contributory infringement of, or inducement to infringe, any patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. 8. Payment. Payment shall be made for items accepted by the Contracting Officer that have been delivered to the delivery destinations set forth in this contract. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronics fund transfer payment is made. 9. Risk of Loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pay to the Contracting Officer upon: a. Delivery of the supplies to a carrier, if transportation is f.o.b. origin. b. Delivery of the supplies to the Contracting Officer or a representative at a destination specified in the contract, if transportation is f.o.b. destination. 10. Taxes. The contract price includes all applicable taxes and duties. 11. Termination for Convenience. The Contracting Officer reserves the right to terminate this contract, or any part hereof, for the sole convenience of the Coalition Provision Authority activity. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Contracting Officer using its standard record keeping system, have resulted from the termination. The Contracting Officer, upon reasonable advanced notice, may inspect the financial records relating to this Contract including the amounts paid to subcontractors and the locations where any portion of the Contractor’s performance occurs. The Contracting Officer may review the Contractor’s financial statements upon request. 12. Termination for Cause. The Contracting Officer may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Contracting Officer, upon request, with adequate assurances of future performance. In the event of termination for cause, the Coalition Provision Authority agency shall not be liable to the Contractor for any amount of supplies or services not accepted, and the Contractor shall be liable for any and all rights and remedies provided by law. If it is determined that the Contracting Officer improperly terminated this contract for cause, such termination shall be deemed a termination for convenience. 13. Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Coalition Provision Authority agency upon acceptance, regardless of when or where the Coalition Provision Authority agency takes physical possession. 14. Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. 15. Immunities. Except as provided in this contract, the Coalition Provision Authority of Iraq or its agents, including the CPA or other Coalition Provision Authority agencies, have not waived any of their privileges or immunities. 16. Legal Status. The Contractor is an independent contractor. The Contractor’s employees will not be considered Coalition Provision Authority employees for any purpose. The Contractor is solely responsible for compensation agreements with employees. 17. Contractor’s Responsibility for Employees. The Contractor is responsible for the professional and technical competence of its employees and will select reliable individuals who will perform effectively in the implementation of this Contract, respect the local customs, and conform to a high standard of moral and ethical conduct. The Contracting Officer may require that the Contractor remove from the job employees who endanger persons or property, or whose continued employment under this contract is inconsistent with the interest of military security. 18. Subcontracting. Except as authorized in this contract, the Contractor may not subcontract any portion of the performance of this Contract to another without the prior written consent of the Contracting Officer. The terms of any subcontract will be subject to and conform with the provisions of this Contract. 19. Indemnification. The Contractor shall defend, indemnify, and hold harmless all Coalition Provision Authority entities involved in this contract, together with the entities’ officers, agents, and employees from and against all suits, claims, or liabilities of any kind arising out of acts or omissions of the Contractor, its employees, or the Contractor’s subcontractors. 20. Insurance. The Contractor represents and warrants that it shall maintain appropriate insurance including general commercial liability and workers compensation coverage in an adequate amount to cover third parties claims arising from or in connection with this Contract. Upon request, the Contractor will provide satisfactory evidence of the insurance required under this article. 21. Use of Names and Symbols. Except as required by this Contract, the Contractor will not advertise or otherwise makes public the fact that it is a contractor to the Coalition Provision Authority entity in this Contract, nor will the Contractor use the name or emblem of the Coalition Provision Authority entity for commercial purposes. 22. Limitation of Liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Coalition Provision Authority entity for consequential damages resulting from any defect or deficiencies in accepted items. 23. Inconsistency between English Version and Translation of Contract. In the event of inconsistency between any terms of this contract and any transaction into another language, the English language meaning shall control. 24. Correspondence in English. The Contractor shall ensure that all contract correspondence that is addressed to the Coalition Provision Authority or entity awarding this contract is submitted in English or with an English translation. 25. Conflicts of Interest. The Contractor warrants that no Coalition Provision Authority official has received or will be offered by the Contractor any direct or indirect benefit in connection with or arising from the award of this contract. The Contractor agrees that any breach of this provision is a breach of an essential term of this Contract. 26. Order of Precedence (except for Construction Contracts). Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: a. The schedule of supplies/services. b. The Assignments, Disputes, Payments, Invoice, Other Compliances clauses of this contract. c. Addenda to this solicitation or contract, including any license agreements for computer software. d. Solicitation provisions (if this is a solicitation) e. The other standard clauses in this contract. f. Other documents, exhibits, and attachments. g. The specification (the narrative description of the work) 27. Other Compliances. The Contractor shall comply with all applicable laws, rules, and regulations applicable to its performance under this contract. 28. Source of Funds. The obligation under this contract is made with Iraqi Funds, as defined in CPA Memorandum Number 4, dated 19 August 2003. No funds, appropriated or other, of any Coalition country are or will be obligated under this contract. 29-42. Reserved. 43. Alternate Disputes Resolution. The parties to this contract agree that swift, inexpensive and amicable resolution of disagreements is in our mutual interest. The parties further agree that Alternative Dispute Resolution (ADR) can contribute significantly to the shared goal of resolving disagreements swiftly and efficiently. Therefore, the parties agree to the non-binding use of ADR in an effort to seek final disposition of disagreements within the time periods set forth below. These time periods are guidelines only and may be altered to fit particular controversies. Amount in Controversy Suggested Resolution Period After Receipt of Written Notice $250,000 or less Not to exceed 60 days $250,001-$1M Not to exceed 90 days Over $1M Not to exceed 180 days The parties agree that any of the following ADR methods may be used at any time during contract performance; mediation, early neutral evaluation, mini-trial, Executive Dispute Resolution Committee consisting of principals of the owner and the builder, Dispute Resolution Board made up of impartial third parties (each party shall select one member and the third shall be selected by the two designated members), and any other non-binding procedure. The parties further agree that the use of ADR is entirely voluntary and nothing is this provision shall affect the rights of either party under the clause entitled “disputes,” FAR 52.233-1. 44. De-Baathification of Iraqi Society. (a) The contractor shall not employ or subcontract with any persons determined under procedures promulgated by the Iraqi Governing Council to be full members of the Baath Party or affiliated with the organizations set forth at section 2(2) of CPA Memorandum No. 7, Delegation of Authority Under De-Ba’athification Order No. 1, dated November 4, 2003 and therefore prohibited from continued or future employment (hereafter referred to as “prohibited person”). Contractors shall coordinate with the Ministry of Justice to determine whether particular individuals are “prohibited persons”. (b) If during contract performance, a person employed by the contractor or subcontractor is determined to be a prohibited person under procedures promulgated by the Iraqi Governing Council, the contractor shall, as appropriate: (1) Terminate the employment of the prohibited person. (2) Terminate the subcontract with the prohibited person as soon as possible consistent with satisfying contract requirements. (c) The contractor shall not display the image or likeness of Saddam Hussein or other readily identifiable members of the former regime or symbols of the Baath Party or the former regime in Coalition Provision Authority buildings or public spaces. (d) Flowdown. The contractor shall include a comparable clause in all subcontracts and require all subcontractors to flow down the clause. (e) The Coalition Provisional Authority Order Number 1, dated 16 May 2003, subject: De-Ba’athification of Iraqi Society and the corresponding implementation plan and delegations of authority can be found at HYPERLINK "http://cpa-iraq.org" http://cpa-iraq.org 45. Liquidated Damages. a. If the Contractor fails to perform within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Coalition Provision Authority entity liquidated damages of $500.00 per calendar day of delay. b. If the Coalition Provision Authority entity terminates this contract in whole or in part under the Termination for Cause clause, the Contractor is liable for liquidated damages accruing until the Coalition Provision Authority entity reasonably obtains similar delivery or performance. These liquidated damages are in addition to excess costs of repurchase under the Termination for Cause clause. c. The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Excusable Delay clause. 46. Special Instructions: Offerors must submit proposals for all groupings in the Statement of Work. No individual groups or individual line items within a grouping may be bid on separately. The offeror is responsible for subcontracting as necessary in order to fulfill the requirements of the Solicitation to include required delivery dates. 47. CUSTOMS LEVY EXEMPTION AND SHIPMENT REQUIREMENTS FOR RECONSTRUCTION PROJECTS UNDER PROGRAM MANAGEMENT OFFICE (PMO) Effective 15 April 2004 Tariff Regulations pursuant to CPA Orders #54, as amended by Order #70, require commercial importations into Iraq to pay a 5% levy except for food, books, medicine, medical equipment, clothes and oil. Additional exemptions include NGO’s, International Organizations, Reconstruction Projects under PMO, and single exempt donations. Items shipped under this contract are exempt from this “Levy” provided a completed Reconstruction Levy Exemption Form is attached and included with each invoice and packing slip. The contractor is required to fill out the Reconstruction Levy Exemption Form and attach the duty free form to each shipment of goods under this contract that crosses the border into Iraq in order to qualify for the exemption. The contractor must submit one copy of the completed duty free form, for customs verification, to the contracting officer and the PMO Logistics Office, HYPERLINK "mailto:pmo-sloc@Baghdadforum.com" pmo-sloc@Baghdadforum.com) The Duty Free Form can be found at HYPERLINK "http://www.rebuilding-iraq.net" www.rebuilding-iraq.net Customs Form, 20 April 04 or provided by the Contracting Officer upon request. The contractor must complete the duty free form and attach a copy with each Invoice and each package/shipment under the contract. The items being acquired under this contract are for Iraqi Reconstruction and as per the “Packing and Marking Instructions” on page ___ of this contract and shall be Packaged and Marked accordingly. [end of clause] 48. Any resultant contract is entered into under the authority of the Administrator as head of the Coalition Provisional Authority (CPA), which is temporarily exercising authority until 30 June 2004, in Iraq pursuant to the law and usages of war and relevant United Nations Security Council Resolutions, including Resolution 1483 (2003) ("Coalition"). GENERAL SCOPE OF WORK For Sewage Equipment - Al Fallujah Project Number: 06-05-01-0214 Project Manager: LT Keith Hurst, CEC, USNR Contracting Officer: LT Cameron Smith, CEC, USNR Phone: 423-520 Proposed Project: Sewage Equipment - Al Fallujah Shipping Destination: Municipal Warehouse, Al Fallujah, Iraq General Project Description This project consists of furnishing sewage equipment to the Department of Sewage, Al Fallujah, Al-Anbar Province. The successful bidder shall immediately commence work to complete this order and deliver not later than the date negotiated. Time is of the essence, therefore the contractor’s ability to deliver equipment quickly will be considered during bid evaluations. All deliveries will be to a local, municipal warehouse located in Iraq. All equipment MUST be new and not refurbished, rented or used. All equipment must be factory tested and carry at least a one-year warranty serviceable in Iraq. Delivery Times The items requested in this solicitation shall be delivered to the site no later than ninety (90) days from the date of contract signing. Equipment Description: Sewage Suction Truck. Tank capacity of 2,500 gallons, tank manufactured of galvanized plate 5-mm thick with inside separations for stability, manhole 500mm wide, anti-skid ladder for access, and site level. System will have a 4” full bore ball valve for suction connected to internal standpipe. 6” full bore valve for discharge on rear dish ends. Complete with hose boxes on both sides of tank, suction hoses 4” x 3.8m long fitted with quick disconnect couplings, mudguards, reflecting signs on rear, level indicator, rotary lamp on top of tank. Inside of tank shall be coated with epoxy paint. Exterior of tank shall have two coats of epoxy primer and painted orange. The truck shall also be painted orange. The vehicle shall have 4x2 axles, automatic transmission, power assisted steering, traffic warning triangle, emission level Euro 2, diesel engine. One set of controls located in vehicle cab and second set of controls located near rear of vehicle. Controls to include a vacuum gauge and pneumatic controls for vacuum pressure and discharge valve. Water Jetting Cleaner Tanker. Tank capacity of 2,500 gallons, tank manufactured of galvanized plate 5-mm thick with inside separations for stability, manhole 500mm wide, anti-skid ladder for access, and site level. Systems shall have a high pressure pump complete with drain valve, piping between pump and tank, filter on suction line with interception ball valve, hydrant piping for tank refilling with ball valve and no. 1 UNI 70 Male fitting and plug. Vehicle shall have 1” flex high pressure hose, 100 meters long on a hydraulic hose reel and hose with reel used for refilling. Vehicle shall have a rotating beacon on top of tank, control panel located near hose reel for easy operation with engine rpm gauge, engine speed control, water pressure control, water pressure gauge, water level indicator alarm. Vehicle shall be painted orange and have diesel engine, tachometer, emission level euro2, 4X2 axles, automatic transmission, power steering, 24 volt electrical system, 300 liter fuel tank, and required lighting (head lights, running lights, turn indicators, hazard lights, brake lights), System will have standard accessory package including various nozzles and fittings. Backhoe. Diesel engine with minimum of 70 hp, hydraulic actuated braking system, 4 wheel drive, with closed cab complete with roll cage and seat belts. Backhoe shall have a minimum digging depth of 14 feet, truck loading height of 10 feet, digging force crowd of 7000 lbs, & boom lift capacity of 2500 lbs. Backhoe shall be complete with a backhoe bucket of 18 inches width with teeth. The front end loader shall have a bucket of 86 inches width, lift capacity of 5800 lbs, dump clearance of 8 feet, and a dump reach of 30 inches. Vehicle is to be complete with all gauges, tachometers, controls, and lights. Flood lights shall be provided to illuminate the rear of vehicle. Vehicle shall have headlights, break lights, turn signals, and any other lights to make the vehicle road legal. Outriggers shall be provided to insure stability will use backhoe mechanism. Vehicle shall have synchronized transmission with shift on the run for highway driving. Cab air conditioning is preferred. Sewage Equipment – Al Fallujah PAGE 15 of NUMPAGES 16 X