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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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11 June 2004
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 301. REQUISITION NO. PAGE 1 OF 152. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NO. DABV01-04-R-90006. SOLICITATION ISSUE DATE 11 June 20047. FOR SOLICITATION INFORMATION CALLa. NAME M. LLOYD BLACKMON, Major, USAFb. TELEPHONE NO. (No collect calls) 703-343-92228. OFFER DUE DATE/LOCAL TIME 21 June 20049. ISSUED BY CODE 10. THIS ACQUISITION IS11. DELIVERY FOR FOB12. DISCOUNT TERMS CPA – CONTRACTING ACTIVITY FORMCHECKBOX UNRESTRICTED FORMCHECKBOX SET ASIDE: 100% FOR FORMCHECKBOX SMALL BUSINESS FORMCHECKBOX IRAQI BUSINESS DESTINATION UNLESS BLOCK IS MARKED FORMCHECKBOX SEE SCHEDULEREPUBLICAN PRESIDENTIAL COMPOUND FORMCHECKBOX SMALL DISADV. BUSINESS FORMCHECKBOX 13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)BAGHDAD, IRAQ FORMCHECKBOX 8(A)13b. RATING APO AE 09316SIC: SIZE STD: 14. METHOD OF SOLICITATION FORMCHECKBOX RFQ FORMCHECKBOX IFB FORMCHECKBOX RFP15. DELIVER TO CODE ADNON PALACE 16. ADMINISTERED BY CODE CLASSROOM #1 BAGHDAD, IRAQSAME AS BLOCK 917a. CONTRACTOR/ CODE OFFEROR FACILITY CODE18a. PAYMENT WILL BE MADE BY CODE  TELEPHONE NO. CPA – COMPTROLLER REPUBLICAN PRESIDENTIAL COMPOUND BAGHDAD, IRAQ APO AE 09316 FORMCHECKBOX 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED FORMCHECKBOX SEE ADDENDUM19. ITEM NO.20. SCHEDULE OF SUPPLIES/SERVICES21. QUANTITY22. UNITUNIT PRICE24. AMOUNTSEE PAGE 2.(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 _____ 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/CONTRACTOR31a. 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) 31c. DATE SIGNED AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL STANDARD FORM 1449 (10-95) Computer Generated NUMBER AND PAPERWORK BURDEN STATEMENT Prescribed by GSA - FAR (48 CFR) 53.212 32a. QUANTITY IN COLUMN 21 HAS BEEN ACCEPTED, AND CONFORMS TO THE33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT FOR FORMCHECKBOX RECEIVED FORMCHECKBOX INSPECTED FORMCHECKBOX CONTRACT, EXCEPT AS NOTED FORMCHECKBOX PARTIAL FORMCHECKBOX FINAL36. PAYMENT37. CHECK NUMBER32b. SIGNATURE OF AUTHORIZED GOVT REPRESENTATIVE32c. DATE FORMCHECKBOX COMPLETE FORMCHECKBOX PARTIAL FORMCHECKBOX FINAL38. S/R ACCOUNT NO. 39. S/R VOUCHER NO. 40. PAID BY42a. RECEIVED BY (Print) 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER41c. DATE42b. RECEIVED AT (Location)42c. DATE REC’D (YY/MM/DD)42d. TOTAL CONTAINERSSTANDARD FORM 1449 (10-95) BACK APPENDIX A Schedule of Supplies/Services UNIT CLIN DESCRIPTION UNIT QTY PRICE TOTAL 0001 Armored Personnel Carrier, EA 40 $___________ $______________ In accordance with Statement of requirements. 0002 Command and Control Armored EA 3 $___________ $______________ Personnel Carrier, In accordance with the Statement of requirements. 0003 Support and Maintenance for MO 12 $___________ $______________ CLINs 0001 in accordance with the Statement of Requirements. 0004 Support and Maintenance for MO 12 $___________ $______________ CLINs 0002 in accordance with the Statement of Requirements. Option Period I – Conclusion of CLINs 0003 and 0004 through one year thereafter 1001 Support and Maintenance for MO 12 $___________ $______________ CLINs 0001 in accordance with the Statement of Requirements. 1002 Support and Maintenance for MO 12 $___________ $______________ CLINs 0002 in accordance with the Statement of Requirements. CONTRACT AND GRANT PROCEDURES APPLICABLE FOR CRIMINAL INVESTIGATIVE SUPPLIES AND EQUIPMENT TO BE DELIVERED TO BAGHDAD IRAQ Standard Terms and Conditions for Solicitations and Contracts in Excess of $5,000 APPENDIX B Solicitation Terms and Conditions 1. 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. 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. Offerors are encouraged to submit their proposal by e-mail to Marcus Overbay at overbaym@orha.centcom.mil. 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. Product Samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense, and returned at the sender’s request and expense, unless they are destroyed by preaward testing. 4. 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. 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. Contract Type. A firm fixed price is contemplated as a result of this solicitation. 8. Evaluation. The Contracting Officer will award a fixed price contract to the offeror whose proposal best meets the requirements of the Statement of Requirements. 8.a EVALUATION OF FACTORS 8.a.1. All proposals will be submitted in 2 volumes. The first volume will be the technical proposal. The technical proposal will be limited to no more than 15 pages. Supporting documentation, such as test reports to validate contractor claims are required, but will only be used to clarify and verify contractor provided information. Test reports are not considered part of the 15 page technical proposal requirement. The second volume will be the pricing proposal. The contractor will price all CLINs on the attached SF 1449 and return in the SF 1449 format. 8.a.2.1 Technical Proposal (a) Ability to meet the requirement as specified in the Statement of Requirements. (b) Schedule. Contractor's ability to meet the schedule. 1 vehicle delivered by 1 August 2004, 3 additional vehicles in August 2004; 8 vehicles in Sept 2004; 12 vehicles in Oct 2004; 16 vehicles in Nov 2004. C2 vehicles and spares will be delivered in accordance with the schedule in the Statement of Requirements. 8.a2.2 Price 8.a.2.3 Past Performance 8.b. RELATIVE IMPORTANCE OF EVALUATION FACTORS 8.b.1. All proposals submitted will be evaluated on the basis of the evaluation factors listed in Paragraph 8.a.2.1 thru 8.a.2.3. The technical evaluation consists of (1) Ability to meet requirements and (2) Schedule. Technical ability to meet the requirements is more important than schedule. The technical evaluation is slightly more important than price. Technical and price are more important than past performance. Past performance evaluations will be conducted to determine the ability of the contractor to meet the requirements of the contract based on recent past contracts. 8.c. BASIS OF AWARD 8.c.1. All proposals received will be evaluated by Government personnel against the factors set forth in 8.a. 8.c.2. The contracting officer will award based on the best value to the Government when technical, schedule, price and past performance are considered. 9. Options. The Government will evaluate offers for award purposes by adding the total price of options and the basic requirement. Evaluation of options will not obligate the Government to exercise the option. 10. Option to Extend Services. The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates. The total extension of services shall not exceed 6 months. 11. Option to Extend the Term of the Contract. The Government may extend the term of this contract by written notice to the Contractor within 15 days, provided that the Government gives the Contractor written notice of intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension. He total duration of the contract shall not exceed 24 months from the last deliveries provided under CLINs 0001 and 0002. 12. 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. 13. 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. 14. Evaluation of Foreign Currency Offers. If the Contracting Officer receives offers in more than one currency, the Contracting Officer will evaluate offers by converting the foreign currency to United States currency using the rate in effect on the date specified for receipt of offers, if award is based on initial offers, or, if award is based on revised offers, on the date specified for receipt of proposal revisions. 15. 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 reperformance 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. 16. 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. 17. Changes. The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract. The contractor must assert its right to an adjustment under this clause within 30 days from receipt of the written change. 18. 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. 19. 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 Governmental 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. 20. 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. 21. Patent Indemnity. The Contractor shall indemnify the Government 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. 22. 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. 23. 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. 24. Taxes. The contract price includes all applicable taxes and duties. 25. Termination for Convenience. The Contracting Officer reserves the right to terminate this contract, or any part hereof, for the sole convenience of the Government 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. 26. 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 Government 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. 27. Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government agency upon acceptance, regardless of when or where the Government agency takes physical possession. 28. 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. 29. Immunities. Except as provided in this contract, the Government of Iraq or its agents, including the CPA or other governmental agencies, have not waived any of their privileges or immunities. 30. Legal Status. The Contractor is an independent contractor. The Contractor’s employees will not be considered government employees for any purpose. The Contractor is solely responsible for compensation agreements with employees. 31. 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. 32. 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. 33. Indemnification. The Contractor shall defend, indemnify, and hold harmless all government 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. 34. 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. 35. 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 governmental entity in this Contract, nor will the Contractor use the name or emblem of the governmental entity for commercial purposes. 36. Limitation of Liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the governmental entity for consequential damages resulting from any defect or deficiencies in accepted items. 37, 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. 38. Correspondence in English. The Contractor shall ensure that all contract correspondence that is addressed to the governmental entity awarding this contract is submitted in English or with an English translation. 39. Conflicts of Interest. The Contractor warrants that no governmental 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. 40. 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 statement of objectives (the narrative description of the work) 41. Other Compliances. The Contractor shall comply with all applicable laws, rules, and regulations applicable to its performance under this contract. 42. 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. 43. Delivery. Delivery shall be in accordance with the Statement of Requirements. 44. New Material. The contractor shall provide new and unused vehicles. 45. Responsibility of Supplies. Risk of loss or damage to supplies remains with the contractor until, and shall pass to the Government when delivery is made to Counter Terrorism Special Operations Training Facility, Baghdad, Iraq. 46. Inspection. The Government has the right to inspect and test all supplies furnished and services performed under this contract. The Government shall perform inspections in a manner that will not unduly delay contractor work. The Government shall bare all the costs of inspections. If any services or supplies do not conform to the contract requirements, the Government may require the services to performed again or the supplies to be altered in order to conform to the contract requirements. If the Contractor does not promptly perform the services again or correct the supply deficiencies, the Government may withhold payments related to the supplies or services until they are corrected. 47. Instructions to Offerors. a. Only responsive Offerors will be evaluated for Contract Award. The following depicts what each offeror must furnish with their offer in order to be considered responsive and therefore eligible for contract award: i. The offeror must furnish unit prices in schedule A for any items the contractor wishes to be considered for award. ii. The contractor with their offer must furnish a signed SF 1449 as well signed acknowledgements of any solicitation amendments. iii. Each offeror shall furnish with their offer the technical volumes. iv. Past Performance information on similar requirements that have been performed within the last three years. The Past Performance information provided by the offeror shall include the Customer’s name, the name, title and telephone number of a point of contact with the customer, a description of the supplies furnished to the customer, including value, and the date the Past Performance occurred. Omission of relevant Past Performance information will be considered unfavorable when assessing the offeror’s Past Performance rating. Failure to provide any of the information required in 47.a.i through 47.a.iii. may be considered non-responsive and therefore ineligible for award. Payment: The contractor as part of their offer shall fill out the required information of the following: Payment will be by an irrevocable Letter of Credit (LC). The Contractor may submit an invoice against the LC in accordance with the Contract terms. The balance due ($ ____________) will be paid via LC to the Vendor’s Advising Bank NET 30 Days upon a kinds and quantities acceptance by the Iraqi Ministry of Interior (MOI) within 30 days of receipt, i.e. signed `SF1449. Initial LC costs and those costs attributed to the contract modifications generated by the government entity will be paid by the government entity. Costs attributable to Contractor requests are the responsibility of the Contractor. The LC will be made out to the benefit of ___________________ for a period of 180 days after the date of contract award, as follows: Bank: Name: ____________________________ Address: ____________________________ ____________________________ SWFT code: __________ Account No.: __________ ABA Routing Number: ______________ Telephone: __________________ Email: _________________________ Company: Name: ______________________ Address: _________________________ ___________________________ Telephone: _______________ Fax: _______________ Email: _______________ Transfer of Authority. The contractor hereby recognizes that a transfer of authority (TOA) from the Coalition Provisional Authority (CPA) to the interim Iraqi Governing Council is scheduled to take place June 30, 2004. Furthermore, the contractor recognizes that upon the TOA on June 30, 2004, or upon any later TOA date if delayed, the CPA is dissolved. The CPA, U.S. Government or Coalition Government will not be liable to the contractor for any performance undertaken after the TOA. The contractor hereby waives any claims and rights it now has or may have in the future against the CPA, U.S. Government or Coalition Governments in connection with the contract. The interim Iraqi Governing Council may but is not obligated to be bound to the obligations of the CPA before the TOA with respect to performance undertaken after the TOA. The interim Iraqi Governing Council may but is not obligated to ratify all previous actions taken by the CPA and agree to be bound with the same force and effect as if the action had been undertaken by the interim Iraqi Government. If the interim Iraqi Governing Council undertakes any obligations under this contract, the CPA recognizes the interim Iraqi Government as its successor in interest with respect to any such obligations. All payments and reimbursements previously made by the CPA to the contractor and all other previous actions taken by the CPA under this contract shall be considered to have discharged those parts of the CPA’s obligations under this contract. The contractor agrees that the CPA, the U.S. Government, or any Coalition Government is not obligated to pay or reimburse the contractor, or otherwise give effect to, any costs, taxes, or other expenses, or any related increases, directly or indirectly arising from the TOA. Nothing herein shall be construed as a waiver of any rights the CPA, U.S. Government or a Coalition Government may have against the contractor. APPENDIX C STATEMENT OF REQUIREMENTS FOR ARMORED PERSONNEL CARRIER FOR THE IRAQI CIVIL INTERVENTION FORCE 1. GENERAL. The Coalition Provisional Authority and the Iraqi Ministry of Interior have a requirement to establish a Civil Intervention Force to provide for the security and stability of Iraq. To accomplish this, a Brigade sized force is being developed to provide rapid response to crisis that may occur internal to Iraq. A requirement of this force is a armored personnel carrier suitable for the safe transportation of officers in a variety of conditions. 2. REQUIRED DOCUMENTS. None cited. 3. REQUIREMENTS. The Iraqi Civil Intervention Force has a requirement for up to 40 armored personnel carriers. The contractor will propose pricing in quantities of 10, 20, 30 and 40 vehicles. The vehicles are expected to be used 40% of service on improved roads, 30% on unimproved roads and 30% cross country. The vehicles should have an independent suspension system suitable for cross country movement. 3.1 GENERAL. The contractor will provide all materials, documents, training and support to meet the requirements of this contract. 3.2 VEHICLE REQUIREMENTS. The Government requirement is for up to 40 Infantry personnel carriers, without turret but capable of mounting a machinegun and carrying up to 10 officers fully protected from small arms fire. 3.2.1 ARMOR. Capable of all around protection from 7.62 x 51 AP. 7.62 x 54 AP (objective). Capable of defeating multiple rounds, spaced no closer than 6" at a 30 degree obliquity - 0 degree obliquity desired. Defeats rounds fired from a distance of 10 meters. Capable of bolt on armor protection system for defeating RPGs and Improved Explosive Devices. Spall liner installed and mine protection on bottom of vehicle capable of defeating up to 4lb mines detonated beneath the vehicle. 3.2.2 ARMAMENT. Provided with mounting device for mounting the PKM machine gun or the PKMB machine gun. Capable of mounting the M-2 .50 caliber machinegun. Capable of mounting a 14.5mm machinegun. Machinegun will be mounted on a traversing mechanism capable of 360 degree rotation (manual rotation). Objective: Firing ports for passengers. Smoke grenade launchers on front and rear. 3.2.3 CREW. 2. 3.2.4 PASSENGERS. Key performance parameter. Must be capable of carrying 8 fully equipped officers internal to the vehicle. Objective: 10 fully equipped officers. Fully equipped means weapons, packs, body armor. 3.2.5 SPEED. Minimum top speed of 100 km/h on flat, hard surfaced road, capable of maintaining speed indefinitely. 3.2.6 RANGE. Minimum range of 600 km. 3.2.7 HEIGHT. Maximum height of 2.2m. 3.2.8 WEIGHT. Maximum weight of 15,000 kg to allow loading on the C-130B and sufficient cargo capacity to transport troops and material accompanying the vehicle. 3.2.9 WIDTH. Maximum vehicle width of 2.5m. 3.2.9 DEPLOYABILITY. Must be capable of deployment in a C-130B. Contractor will provide documentation certifying deployability on the C-130B. 3.2.10 COMMUNICATIONS. Provided with FM radio, with minimum of 100 watt amplifier, frequency range of 30-510 MhZ. Radios will have capability to upgrade to encryption, but will not be provided with an encryption capablity. Radios will have a minimum data rate of 64kbs line of sight. Antennas and all cabling included. Internal communications from crew compartment to passenger compartment with vehicle intercomm system (VIS). Headsets and jacks for passenger capacity. All communications equipment included. Provided with GPS navigation system and flat panel digital map capability. 3.2.11 NBC PROTECTION. Provided with air overpressure system. 3.2.12 TIRES. “Run flat” tires or equivalent tire pressure system. 3.2.13 ENGINE. Minimum of 280hp engine, with sufficient electrical generator system to power all equipment, power filtering for electrical equipment installed. System shall be capable of excess power generation capability for future additions to electronics. Diesel powered engine. 3.2.14 MAINTAINABILITY. The operating costs of the vehicles will be a significant factor in selection of the appropriate vehicle. The contractor will provide projected operating costs of the vehicle to include all operations and maintenance costs based on the following scenario: a. Kilometers of usage per year: 1000, with 40% usage on hard improved roads, 30% usage on unimproved roads and 30% usage on cross country (no road). Vehicles will have normal preventive maintenance checks and services per the contractors schedule and maintenance personnel are trained and qualified on the vehicle. The contractor will include all costs to meet the above scenario, including cost of fuel, oil and all consumables and spare parts. The contractor will include total number of maintenance hours (labor hours). For this scenario the contractor will use a cost of fuel of $1 US per gallon of diesel. b. Reliability. 85% operational mission readiness rate. 3.2.15 SUPPORTABILITY. The contractor will provide a maintenance spares stockage with the vehicles. The spares will be delivered in accordance with the schedule in paragraph 5.0. The contractor will provide all tools and equipment required to sustain and maintain the vehicles. The Government will provide suitable storage and maintenance facilities that will include necessary lifts and cranes to perform maintenance. 3.2.16 MANUALS. The contractor will provide all operator level, maintenance level, parts level and depot level manuals required in both English and Arabic. The contractor will provide manuals hard copy and digital copy. One operator and maintenance manual will be provided for each vehicle. 3.2.17 TRAINING COURSE. The contractor will provide a operator training course in accordance with paragraph 5.0. The contractor will provide a maintenance training course for Iraqi personnel in accordance with paragraph 5.0. 3.3 COMMAND AND CONTROL VARIANT. 3 command and control variants are required. They will be configured as follows: 3.3.1 CREW. 2 3.3.2 PASSENGERS. 4 3.3.3 COMMUNICATIONS. Two (2) FM Radio with frequency range of 30-510 MhZ, with 200 watt amplifier and power filter. Capable of encryption upgrade, but not delivered with encryption. Internal Intercom System capable of providing distribution of communications to 6 personnel (VIS). Capability to switch channels from the interface box. Headsets and jack ports for 6 personnel. GPS capability with electronic compass. GPS interface to digital map provided with flat panel display in passenger compartment. Map, planning table mounted in back, capable of being stowed for movement. Storage racks for equipment. 4 mounted laptop computers (hardened commercial laptops with Microsoft operating system in Arabic language and English). 8 port hub. Portable laser printer and fax machine. 3.3.4 GENERATOR AND ECU. Provided with a generator capable of powering the electronics and command and control equipment without the vehicle engine running. Vehicle will be provided with an ECU capable of heating and cooling the interior of the vehicle to include the crew and passenger compartment. Capable of cooling the interior of the vehicle to 85 degrees F, when outside ambient air temperature is 115 degrees F. 4.0 MAINTENANCE SUPPORT. Priced Option. The Government anticipates awarding 2 one year options, separately priced, for complete life cycle support of the vehicles. The contractor will propose a performance based logistics maintenance plan to provide complete maintenance support. The maintenance support will be priced based by quantity of vehicles and maintaining a operational readiness rate of 85%. The maintenance period will begin with the delivery of the 10th vehicle and continue for a period of two years. This will be a fixed price option. The contractor will train Iraqi personnel over the period of the contract to establish an organic maintenance capability. This training will include establishing a parts ordering system, a maintenance system, on the job training and mentoring and establishing policies and procedures for the life cycle support of the vehicles. The contractor will conduct an initial maintenance training course and will employ at least 50% Iraqi personnel to establish the maintenance program. The contractor will ensure that Iraqi Government personnel are embedded in the daily maintenance operations. 4.1 WARRANTY. The contractor will warrant the vehicle to perform as designed and will correct any deficiencies in manufacturing or performance at his cost. The period of the warranty will be for 1 year and will cover latent and patent defects. The warranty does not include the normal maintenance requirements stated in paragraph 4.0. 5.0 SCHEDULE. The contractor may propose earlier delivery. Earlier delivery is preferred. All vehicles will be delivered to Baghdad, Iraq. Specific location will be provided on award of the contract. 6.0 TESTING. Only currently available commercial vehicles will be considered. A minimum of 100 of the proposed vehicle must be in service. The contractor will provide a minimum of 3 references of recent sales of the vehicle. The contractor is responsible for ensuring the contact information is correct and current. Outdated information will be considered non-responsive. The contractor will submit only 3 references, he will include e-mail addresses, name and poc information. 6.2 DEVELOPMENTAL TEST. Only non-developmental vehicles will be considered. 7.0 CONTRACTOR PROPOSALS. The contractor will limit the total page count of his proposal to no more than 30 pages. The proposal will be provided in two parts: 1 volume for performance specifications and 1 volume for cost and pricing information. 8.0 PROGRAM MANAGEMENT. The contractor will provide complete program management for this project. This includes scheduling and hosting 3 in process meetings. This will begin with a post award conference combined with a systems requirement review (SRR). The second meeting will be an in process review/Preliminary Design Review to review configuration of the vehicles. The third meeting will be a Critical Design Review/In-process review to provide final approval on configuration of the vehicles. The final review will be a test readiness/support readiness review to provide detailed instructions on shipping, testing and support of the vehicles. The contractor will provide a program schedule within 7 days of contract award. The contractor will provide a test plan, fielding plan, shipping plan, spares shipping plan, maintenance plan within 10 days of contract award. The contractor will provide weekly updates on the status of production and projected delivery dates. All in-process reviews will include discussions on test and support. The contractor should plan for travel to Amman, Jordan (1 trip for 3 days) for the post award conference. The contractor should plan for travel to Iraq to review maintenance facilities and training sites (1 trip for 7 days). All other meetings will be held at the contractor's facility. If time, security or travel constraints prevent travel by the Government, the Government may elect to hold the meetings via teleconference.