INVITATION FOR BIDS ( IFB )

Transcription

1 AMERICAN SAMOA POWER AUTHORITY Materials Management Office INVITATION FOR BIDS ( IFB ) New Wells No. 1, 2, and 3 Water System Connection Project DECEMBER 28, 2015 IFB NO. ASPA WTR Issuance Date: December 28, 2015 Pre-Bid Meeting: January 5, 9:00 am Pre-Bid Meeting Place: Materials Management Conference Room Closing Date/Time: February 1, 2:00 pm Bid Delivery Location: Materials Management Office Tafuna Power Plant Compound APPROVED FOR ISSUANCE: UTU ABE MALAE EXECUTIVE DIRECTOR

2 TABLE OF CONTENTS 1. Notice to Bidders Page 5 2. Bid Invitation Page 7 3. Special Notice to Prospective Bidders Page 9 4. Significant Dates Page General Terms and Conditions Page 12 I. Introduction II. III. IV. Scope of Work Bidding Documents Submittals V. Date/Time/Place of Bid Submission and Bid Opening VI. VII. VIII. IX. Bid Preparation Instructions Attachments Pre-Bid Meeting Pre-Bid Questions X. Other Necessary Items XI. XII. XIII. XIV. XV. XVI. XVII. XVIII. XIX. Time for Completion of Work Type of Contract Award of Contract Payment Contractor s License Primary Bidder Subcontractor Listing of Subcontractors Proof of Competency of Subcontractor Page 2 of 50

3 XX. XXI. XXII. XXIII. XXIV. XXV. XXVI. Business License Insurance Monthly Reports Basis of Award Bid Evaluation Qualification of Bidder Multiple Bids Collusion XXVII. Bidders Understanding XXVIII. American Samoa Licenses Permits Taxes and Import Duty XXIX. XXX. XXXI. Additional American Samoa Regulations Withdrawal of Bid Opening and Evaluation of Bids XXXII. Execution of Contract XXXIII. Assignment XXXIV. Time is of the Essence XXXV. IFB Conditions XXXVI. Indemnity Provision XXXVII. Representation Regarding Ethics in Public Procurements XXXVIII. Representation Regarding Contingent Fees XXXIX. Compliance With Laws XL. XLI. XLII. XLIII. XLIV. Award Cancellation and Rejection Bidder s Qualification Data List of Small and Minority Firms, Women s Business Enterprise and Labor Surplus Area Firms Compliance with Federal Regulations Venue and Choice of Law Page 3 of 50

4 XLV. Contract Controlling 6. Attachment A: Bid Transmittal Form Page Attachment B: Scope of Work Page Attachment C: Bid Form Page Attachment D: Bidder s Qualifications Sheet Page Attachment E: Disclosure Statements Page Attachment F: Non-Collusion Affidavit of Prime Bidder Page Attachment G: Bid Bond Security Instructions Page Attachment H: Bid Bond Security Form Page Attachment I: Performance and Payment Bond Instruction Page Attachment J: Performance Bond Page Attachment K: Payment Bond Form Page Attachment L: Design and Construction Plans Page Attachment M: Specifications Page 52 Page 4 of 50

5 NOTICE TO BIDDERS ISSUANCE DATE: December 28, 2015 IFB NO. PROJECT NAME: CLOSING DATE/TIME: ASPA WTR New Wells 1, 2 and 3 Water System Connection Project February 1, 2:00 p.m., American Samoa Time The American Samoa Power Authority (ASPA) invites bids for the construction of: Water System Connections to New Wells 1, 2, & 3 in Malaeimi valley. These wells will provide good quality water to replace a few GUDI Wells in the Malaeimi and Tafuna area in order to lift the Boil Water Notice (BWN) in portions of ASPAs water system currently under the BWN. This project includes the installation of 2 water storage tanks, 8 and 10 pvc pipes, and construction of access road to these facilities. Bidders must provide a document that specifically and completely addresses work tasks as specified in the Scope of Work ( SOW ). Documents: The bid package may be picked up at the ASPA Materials Management Office located in the Tafuna Power Plant or the bidder may also be viewed online on the ASPA website For more information about this IFB, you may contact ASPA: Ioana Uli, Acting Procurement Manager at Bids@aspower.com. Bid Submission: Bidders may submit their bid through three (3) means. i. Electronic File Transfer The Bidder may submit the bid using the electronic mail facility. This will enable the Bidders to upload bid file by attachment. The bids must be uploaded before 2:00 PM on February 1, 2016, American Samoa Date and Time. In addition to , bidder must also send five (5) hard copies similar to the Mail-Only Option (see item iii for more information). ii. iii. In Person Delivery - Bidders may deliver the bid in person at the ASPA Materials Management Office/Conference room at the Tafuna Power Plant Compound (Security Guard at the main gate will direct Bidders and/or Representative to the Procurement Office inside the compound) in Tafuna. Bids must be received by 2:00 PM on February 1, 2016 American Samoa Time. Mail-Only Option The Bidder may elect only to transmit the bid by Express Mail. If the bid is to be only submitted via Express Mail, then, the Bid must be accompanied with a Page 5 of 50

6 Receipt Stamp provided by the Express Mail provider dated no later than 2:00 PM on February 1, 2016 AND a copy of the Express Mail receipt stamp must be transmitted to ASPA on or before the due date and time via bids@aspower.com. Late submittals will not be opened or considered and will be determined as non-responsive. The prevailing clock shall be ASPA Materials Management clock. All Bidders shall provide sufficient written and verifiable information that responds to the requirements set forth herein, the Contract Documents, and in the Scope of Work. Bid Security: Each bid must be accompanied by a cashier s check or bid bond made payable to the American Samoa Power Authority. The cashier s check or bid bond shall be ten percent (10%) of the total bid amount in U.S. dollars. Company or personal checks are not acceptable. If a bidder fails to submit the required bid security with the bid, the bid shall be considered non-responsive and subject to rejection. Bidder s Registration: To be included on the ASPA bidders list for this IFB project, you may register with us electronically via to bids@aspower.com. This will assure that you receive all required documents pertaining to this IFB. The American Samoa Power Authority reserves the right to: 1. Reject all bids and reissue a new or amended IFB; 2. Request additional information from any Bidder submitting a bid; 3. Negotiate a Contract with the firm selected for award; and 4. Waive any non-material violations of rules set up in this IFB at its sole discretion. Approved for Issuance: UTU ABE MALAE, EXECUTIVE DIRECTOR Page 6 of 50

7 AMERICAN SAMOA POWER AUTHORITY: Materials Management Office - Procurement P.O. BOX PPB PAGO PAGO, AS (684) bids@aspower.com Ioana Uli, Acting Procurement Manager BID INVITATION ISSUANCE DATE: December 28, 2015 BID INVITATION NO: IFB NO. ASPA WTR INSTRUCTIONS: 1) This Invitation for Bid shall require an original, one PDF electronic copy, and five hard copies to be submitted in a sealed envelope, box, or other enclosure addressed to Ioana Uli, ASPA Materials Management, P.O. Box PPB, Pago Pago, AS All submittals must be received at ASPA Materials Management Office - Procurement no later than 2:00 p.m. on February 1, The envelope or box must be labeled IFB NO. ASPA WTR New Water Wells 1, 2 and 3 Water System Connection Project. Bids must be in the actual possession of the Material Management Office at the location indicated, on or prior to the exact date and time indicated above. A copy of this solicitation and addenda may be obtained from our Internet Website at: by selecting the Procurement link and the associated solicitation number. Late submittals will not be opened or considered and will be determined as non-responsive. The prevailing clock shall be ASPA Materials Management clock. All Bidders shall provide sufficient written and verifiable information that responds to the requirements set forth herein, the Contract Documents, and in the Scope of Work. 2) Pre-Bid Meeting A one-time meeting will be scheduled at 9:00 a.m. on January 5, 2016 at the Materials Management Conference Room located in ASPA Power Plant Tafuna Compound. 3) Pre-Bid Questions Any pre-bid questions and/or clarifications shall be submitted to Ioana Uli at bids@aspower.com. Questions and/or clarifications are welcome and should be submitted no later than 4:00 p.m. on January 15, ASPA shall issue addenda to address any questions and/or clarifications as necessary thereafter. NOTICE TO BIDDERS: This bid is subject to the attached General Terms and Conditions of the Invitation for Bids for IFB No. ASPA WTR New Wells 1, 2 and 3 Water System Connection Project. The undersigned offers and agrees to furnish within the time specified, the articles and services at the price stated opposite the respective terms listed on the schedule provided, unless otherwise specified by a Page 7 of 50

8 Bidder. In consideration of the expense of the American Samoa Power Authority in opening, tabulating, and evaluating this and other bids, and other considerations such as the schedule, the undersigned agrees that this bid shall remain firm and irrevocable for One Hundred Twenty Day (120) calendar days from the listed bid opening date or until a construction services agreement may be jointly enacted between ASPA and the undersigned party. It is the responsibility of each Bidder before submitting a bid to (a) examine the documents contained in the bid package thoroughly; (b) visit the site or to otherwise become familiar with local conditions that may in any manner affect cost, progress, or performance of the work; (c) become familiar with federal, territorial, and local laws and ordinances, rules and regulations that may in any manner affect cost, progress, or performance of the work; (d) study and carefully correlate Bidder s observations with the bid package documents; and (e) notify ASPA of all conflicts, errors, or discrepancies in the bid package documents. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with ASPA is prohibited. Any vendor knowing of this type of activity is encouraged to report in confidence to ASPA s legal department so the matter can be dealt with. SIGNED: DATE Page 8 of 50

9 AMERICAN SAMOA POWER AUTHORITY SPECIAL NOTICE TO PROSPECTIVE BIDDERS Bidders are reminded to read the Sealed Bid Solicitation Instructions and General Terms and Conditions attached to a Bid Invitation to ascertain that all of the following requirements (see check boxes) of the bid are submitted in the bid envelope at the date and time for bid opening. [x] 1. BID FORMS a. Bid Invitation Form (see above) b. Bid Transmittal Form (Attachment A) c. Bidders Qualification Sheet (Attachment D) d. Bidders Disclosure Statement (Attachment E) e. Bidders Non-Collusion Statement (Attachment F) [x] 2. BOND FORMS Bid Bond Form (Attachment H) or cashier s check for 10% of the total bid amount a. All Bid Bonds must be in the form included in the contract Documents. The Bid Bond and all other surety bonds required by ASPA, to be valid, must be accompanied by: i. Current certificate of Authority issued by the insurance commissioner of the State were the surety has its primary place of business together with evidence acceptable to ASPA that applicable bonds will be valid in American Samoa. ii. Power of Attorney issued by the Surety to the Resident General Agent. iii. Power of Attorney issued by two (2) major officers of the Surety to whoever is signing on their behalf. NOTICE TO ALL INSURANCE AND BONDING INSTITUTIONS: All bonds must be accompanied by or include, as applicable, the signatures of the Bidder, two (2) Major Officers of the Surety and the Resident General Agent, if the Surety is a foreign or alien surety. When the form is submitted to the American Samoa Power Authority, it should be accompanied with copies of the following: A. Current Certificate of Authority to do business in American Samoa issued by the Department of Treasury -Revenue and Taxation. B. Power of Attorney issued by the Surety to the Resident General Agent. Page 9 of 50

10 C. Power of Attorney issued by two (2) Major Officers of the Surety to whoever is signing on their behalf. The Bid Bond must be effective no later than the bid opening date. The Performance Bond and Payment Bond must be dated and executed effective on or after the date that a construction contract is entered into between such bidder and ASPA. The NOTICE TOPROCEED will not be transmitted to the Contractor until all required bonds are in place. Failure to obtain required bonds within a reasonable amount of time may result in contract termination and damages recoverable by ASPA. [x] 3. BUSINESS AND CONTRACTOR S LICENSE [x] 4. BID Bidders must submit business AND contractor s license as stated below. The Bid must include all of the following to be deemed responsive: (A) Prior Related Experience/Past Performance A description of the firm s related experience, background, past performance and credentials as stated on the attached Bidder Qualification Sheet, which is incorporated herein as if fully set forth. This part includes a dossier of personnel qualifications. Bidder should provide references (4 or more) and a project history that verifies a minimum of three (3) years of specific or related experience. Bidder must hold appropriate and current business license(s) for these services. (B) Contract Price The contractor s bid price for all services and materials, including a breakdown of project costs (e.g. estimated costs for materials, cost for labor, etc.) must be provided. This Notice must be signed and returned in the bid envelope. Failure to comply with requirements will mean disqualification and rejection of the bid. I,, authorized representative of, acknowledged receipt of this special reminder to prospective Bidders together with Bid Invitation Number IFB No. ASPA WTR, this day of, Bidder s Representative's Signature Page 10 of 50

11 SIGNIFICANT DATES The following are the significant dates for the IFB and the Anticipated Contract and Schedule DATES SCHEDULED DESCRIPTION Monday, December 28, 2015 Tuesday, January 5, 2016 Friday, January 15, 2016 Thursday, January 21, 2016 Monday, February 1, 2016 Week of February 8, 2016 Week of February 15, 2016 Friday, February 19, 2016 March, TBA, 2016 Bid Issuance Date Pre-Bid Meeting Deadline for submitting pre-bid questions Issue addendum to address questions and clarifications Closing pm American Samoa time Procurement reviews all bids for compliance Source Evaluation Board convene to review all bids SEB submits recommendation to Procurement Manager Commencement of work Dates are subject to change Page 11 of 53

12 AMERICAN SAMOA POWER AUTHORITY GENERAL TERMS AND CONDITIONS IFB NO. ASPA WTR New Wells 1, 2 and 3 Water System Connection Project I. INTRODUCTION The American Samoa Power Authority (ASPA) invites bids for (New Wells No. 1, 2, and 3 Water System Connection Project). Water System Connections to New Wells 1, 2, & 3 in Malaeimi valley. These wells will provide good quality water to replace a few GUDI Wells in the Malaeimi and Tafuna area in order to lift the Boil Water Notice (BWN) in portions of ASPAs water system currently under the BWN. This project includes the installation of 2 water storage tanks, 8 and 10 pvc pipes, and construction of access road to these facilities. Bidders must provide a document that specifically and completely addresses work tasks as specified in the Scope of Work ( SOW ). II. SCOPE OF WORK (Refer to Attachment B) III. BIDDING DOCUMENTS Bid Documents including plans and specifications may be obtained from the ASPA Materials Management Office located in Tafuna. Bidders must submit qualification documents together with their bid package. ASPA reserves the right to reject or eliminate any bid from the process if the bidder does not meet minimum qualifications. IV. SUBMITTALS A. Completed SPECIAL NOTICE TO PROSPECTIVE BIDDERS form from Page 9 of this document. B. The contractor will provide a cost bid as outlined on Attachment C, the Bid Form. C. The contractor will provide information as required on Attachment D, the Bidder Qualification Sheet Information Form. D. The contractor will provide the signed Disclosure Statement as required on Attachment E. Page 12 of 53

13 E. The contractor will provide the signed Non-Collusion Statement as required on Attachment F. F. The contractor will provide a 10% bid bond or cashier s check and the Bid Bond Security Form as provided in Attachment H. G. The Bid Invitation Form (Page 7). H. The Bid Transmittal Form as provided on Attachment A. V. DATE/TIME/PLACE OF BID SUBMISSION AND BID OPENING A. Each bidder must submit its bid in a sealed envelope addressed to: Ms. Ioana Uli ASPA Materials Management P.O. Box PPB Pago Pago, AS96799 B. An original, one, and five (5) hard copies of the bid must be received in the Materials Management Office/Conference Room no later than 2:00 p.m. local time on or before February 1, C. Late submittals will not be opened or considered and will be determined as nonresponsive. D. All bidders shall provide sufficient written and verifiable information that responds to the requirements of the IFB, and in accordance with the SOW. VI. BID PREPARATION INSTRUCTIONS The bid must contain two (2) parts. Bidders shall prepare their bids in detail accordingly. A. Prior Related Experience/Past Performance A description of the firm s related experience, background, past performance and credentials as stated on the Bidder Qualification Sheet, Attachment D, which is incorporated herein as if fully set forth. This part includes a dossier of personnel qualifications. Bidder should provide references (4 or more) and a project history that verifies a minimum of three (3) years of specific or related experience. Bidder must hold appropriate and current business license(s) and contractor s license(s) for these services. B. Contract Price The contractor s bid price for all services and materials, including a breakdown of project costs (e.g. estimated costs for materials, cost for labor, shipping, etc.) must be provided on the Bid Form, Attachment C. All blank spaces in the bid form must be completed in ink. Prices quoted shall be in United States dollars in both words and figures where required. No changes shall be made in the phraseology of the forms. Page 13 of 53

14 Written amounts shall govern in cases of discrepancy between the amounts stated in writing and the amounts stated in figures. In case of discrepancy between unit prices and totals, unit prices will prevail. Any bid shall be deemed informal which contains omissions, erasure, alterations or additions of any kind, or prices uncalled for, or in which any of the prices are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the Notice to Bidders. The bidder shall sign the bid in the space provided. If the bidder is a corporation, the legal name of the corporation shall be set for the above, together with the signature of the officer or offices authorized to sign Contracts on behalf of the corporation. The typewritten name shall be inserted with each signature. If the bidder is a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign Contracts on behalf of the partnership. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a notarized power-of-attorney must be on file with ASPA prior to opening of bids or submitted with the bid, otherwise the bid will be regarded as not properly authorized. VII. ATTACHMENTS Attachment A is the Bid Transmittal Form Attachment B is the detailed Scope of Work Attachment C is the Bid Form Attachment D is Bidders Qualification Sheet Attachment E is the Disclosure Statement Attachment F is the Non-Collusion Affidavit Attachment G is the Bid Bond Security Instructions Attachment H is the Bid Bond Security Form Attachment I is the Performance and Payment Bond Instructions Attachment J is the Performance Bond Form Attachment K is the Payment Bond Form Attachment L are the Design and Construction Plans VIII. PRE-BID A Pre-bid meeting will be held on January 5, 2016 at 9:00 am at the Materials Management Conference Room located at ASPA Power Plant Tafuna Compound. All potential bidders are invited to attend or send a representative to this meeting or prearrange for attendance by teleconference. Site visits may be scheduled with the Engineering Services Division. IX. PRE-BID QUESTIONS Any pre-bid questions and/or clarifications shall be submitted in writing to bids@aspower.com through electronic mail or in hard copy. All pre-bid questions must be received no later than 4:00 p.m. on January 15, After that time, ASPA will issue addenda to address any questions and/or clarifications as may be necessary. X. OTHER NECESSARY ITEMS A. Bid Bond Security. All bids shall be accompanied by a bid bond or a cashier s check made payable to ASPA in an amount equal to ten percent (10%) of the Page 14 of 53

15 total bid amount, to be forfeited to ASPA in the event of the failure of the bidder to honor the terms of the bid or to execute the contract. B. Return of Bid Bond Security. ASPA reserves the right to retain the bid bond security of the three lowest bidders after the successful bidder has signed and delivered the contract to ASPA. The bid bond of the three lowest bidders will be retained and returned within 15 days after the contract has been executed. Upon failure of the successful bidder to sign and deliver said contract to ASPA within the specified time, the next lowest bid may be accepted at ASPA s discretion, whereupon the above instructions and requirements will apply equally to the said second bidder. If the Contractor fails to enter into a written contract, ASPA will retain the Contractor s bid bond as liquidated damages, but not as a penalty. C. Performance Bond. A performance and surety bond must be provided at or within a reasonable time after with execution of the written contract. The NOTICE TO PROCEED will not be transmitted to the Contractor until all required bonds are in place. Failure to obtain required bonds within a reasonable amount of time may result in contract termination and damages recoverable by ASPA. The performance bond shall be for the full bid amount. The performance bond shall be filed with an authorized surety company listed in Circular 570 ( ; 2006 Revision of the U.S. Department of Treasury), approved or issued by a surety acceptable to ASPA. The costs of said bond shall be included in the contract price. The most current list of Treasury authorized companies is available through the Internet at The undersigned shall also provide a letter with their bid submittal from the same bonding or insurance company providing the 10% Bid Bond Security that the Bidder is able to provide a 100% Performance Bond. D. Payment Bond. A payment bond must be provided at or within a reasonable time after with execution of the written contract. The NOTICE TO PROCEED will not be transmitted to the Contractor until all required bonds are in place. Failure to obtain required bonds within a reasonable amount of time may result in contract termination and damages recoverable by ASPA. The Payment bond shall be for the full bid amount. The payment bond shall be filed with an authorized surety company listed in Circular 570 ( ; 2006 Revision of the U.S. Department of Treasury), approved or issued by a surety acceptable to ASPA. The costs of said bond shall be included in the contract price. The most current list of Treasury authorized companies is available through the Internet at E. Retention. In addition to a performance bond, the successful bidder shall agree to have ASPA retain 10% of the Contract amount, which will be retained by ASPA from each monthly invoice submitted by the contractor for approval of payment, for a period of 30 days after the successful completion of the project. Page 15 of 53

16 F. Failure to Execute Contract and Furnish Bond. In the event the Bidder fails to execute the Contract within ten business (10) days after the award of bid, it shall forfeit to ASPA the bid security that accompanied its bid, and the bid security shall be retained as liquidated damages by ASPA, and it is agreed that this sum is a fair estimate of the amount of damages ASPA will sustain in case the Bidder fails to enter into a Contract. Bid security deposited in the form of a cashier s check shall be subject to the same requirements as a bid bond. G. Power of Attorney. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. XI. TIME FOR COMPLETION OF WORK The time allowed for completion of the Work awarded by ASPA shall not exceed 360 calendar days from the date of the Notice to Proceed. XII. TYPE OF CONTRACT Services provided by the successful bidder will be performed under a firm fixed-price, lump sum contract agreement. The successful bidder, as an independent contractor shall furnish the necessary equipment, personnel, tools, parts, supplies, insurance, licenses, support vehicles, bonds and all other required items and services and otherwise do all things necessary to meet the requirements specified in the Scope of Work to the satisfaction of ASPA on a per unit cost basis. The Contractor must, at all times, comply with all applicable workmen s compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable. The Contractor shall be an independent contractor and not an agent or employee of ASPA. ASPA will not be held responsible in any way for claims filed by the Contractor or its employees for services performed under the terms of this IFB or the contract. XIII. AWARD OF CONTRACT Within forty (40) calendar days after the opening of bids, unless otherwise stated in the Notice to Bidders, ASPA will accept one of the bids in accordance with the section entitled Basis of Award, below. The acceptance of the bid will be by written Notice of Award, mailed or delivered to the office designated in the bid. In the event of failure of the lowest responsive, responsible bidder to sign and return the Contract with acceptable payment and performance bonds, as prescribed herein, ASPA may award the contract to the next lowest responsive, responsible qualified bidder. Such award, if made, will be made within ninety (90) days after the opening of bids. Before a Contract is finalized, ASPA may require the apparent low bidder to submit a complete statement of the origin, composition, manufacture and availability of replacement parts and services for any or all materials to be used in the work, together with samples. These samples may be subjected to the tests provided for in these Contract Documents to determine their quality and fitness for the work. XIV. PAYMENT Page 16 of 53

17 A. General. In consideration of the faithful performance of the Work prosecuted in accordance with the provisions of the Contract, ASPA will pay the Contractor in United States dollars for all such goods and services delivered or rendered pursuant to the Contract on the basis of percentage of completion for lump sum items and unit price for all other items, all as more particularly described in the Contract. B. Partial Payments. Partial Payments may be made from time to time as provided in the Contract. Partial payments shall not be construed to affect the right, hereby reserved, of ASPA to reject the whole or any part of any work, should such work be later found not to comply with the provisions of the Contract. All estimated quantities of work for which partial payments have been made are subject to review and correction on the final estimate. Payment by ASPA and acceptance by the Contractor of partial payments based on periodic estimates of quantities of work performed shall not, in any way, constitute acceptance of the estimated quantities used as the basis for computing the amounts of the partial payments. Before the first working day of each calendar month, the Contractor shall prepare a detailed estimate of the amount earned for the separate portions of the work for review and approval by ASPA. As used in this Section, the words "amount earned" means the value, on the date of the estimate for partial payment, of the work completed in accordance with the Contract and the value of approved materials delivered to the project site suitably stored and protected prior to incorporation into the work. C. ASPA s Right To Withhold Amount. In addition to any other amount which ASPA may otherwise retain hereunder or under the Contract, in the event the successful bidder is in material breach of the Contract, ASPA may withhold all or part of any payment or payments otherwise due the Contractor if ASPA reasonably determines such additional withholding is necessary to ensure Contractor s compliance with the agreed upon terms of the contract. D. Qualification For Partial Payment For Materials Delivered. Materials, as used herein, shall be considered those items which are fabricated and manufactured material and equipment. Only those materials for which the Contractor can transfer clear title to ASPA will be qualified for partial payment. To receive partial payment for materials delivered to the site, but not incorporated in the work, it shall be necessary for the Contractor to submit to the Engineer, at least seven (7) days prior to the end of said month, a list of such materials. At his sole discretion, the Engineer will approve items for which partial payment is to be made. Invoices of suppliers must support the Contractor s actual net cost for the materials. Proper storage and protection shall be provided by the Contractor, and as approved by an ASPA engineer. Final payment shall be made only for materials actually incorporated in the work and, upon acceptance of the work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the Work. Partial Page 17 of 53

18 payments will include surface shipping costs to American Samoa. Bills of lading will be provided by the Contractor to determine actual shipping costs. Partial payments shall not exceed sixty percent (60%) of material and shipping costs. No payment will be made for on-island transshipment to work site. XV. CONTRACTOR S LICENSE Bidders who are not from American Samoa shall be licensed in accordance with the provisions of their respective state and country and shall be skilled and regularly engaged in the general type and size of work called for under this IFB. The selected bidder shall have an American Samoa Business license prior to execution of the Contract. Bidders from American Samoa shall be licensed in accordance with the American Samoa rules and regulations for Contractors. XVI. PRIMARY BIDDER The award, if made, will be to a single Bidder. The selected primary Bidder will be responsible for successful performance of all subcontractors and support services offered in response to this Bid. Furthermore, the ASPA will consider the primary Bidder to be the sole point of contact regarding contractual matters for the term of the Agreement. The Bidder must not assign financial documents to a third-party without prior written approval by ASPA, and an amendment to the resulting Agreement. XVII. SUBCONTRACTOR Any Subcontractor that the Bidder chooses to use in fulfilling the requirements of this IFB, and which is expected to receive more than ten percent (10%) of the value of the Agreement, must also meet all Administrative, Business and Technical Requirements of the IFB, as applicable. Nothing contained in the resulting Agreement shall create any relationship between ASPA and any Subcontractors, and no subcontract shall relieve the Bidder of its responsibilities and obligations. The Bidder is fully responsible to the State for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by any of them. The Prime Bidder s obligation to pay its subcontracts is an independent obligation from ASPA s obligation to pay or to enforce the payment of any money to any subcontractor. Contractor is solely responsible for any payments to or claims made by subcontractor. The Contractor must not change Subcontractor(s) if such changes conflict with the work to be performed under this contract. ASPA recognizes that changes to Subcontractor(s) may be necessary and in the best interests of ASPA, however, advance notification of a contemplated change and the reasons for such change must be made to ASPA no less than ten (10) Business Days prior to the existing Subcontractor s termination. If this should occur, the Contractor should be aware that the State contract administrator or designee must approve any changes to the subcontractor(s) prior to the termination of the existing Subcontractor(s).This also includes any changes made between submittal of the Final Bid and actual start of the contract. ASPA will not compensate the Contractor for any of the Contractor s time or effort to educate or otherwise make the new Subcontractor(s) ready to begin work on the contract. Page 18 of 53

19 XVIII. LISTING OF SUBCONTRACTORS All bids shall include the names of each firm to be engaged by the bidder as a subcontractor in the performance of the Contract. The nature and scope of work to be performed by such subcontractor shall also be included. ASPA shall not be responsible for payment to any joint contractor or subcontractor. ASPA only recognizes its contractual payment obligations to the successful bidder. XIX. PROOF OF COMPETENCY OF SUBCONTRACTOR Any bidder may be required to furnish evidence, satisfactory to ASPA, that proposed subcontractors have sufficient means, equipment, and experience in the types of work called for to assure completion of the contract in a satisfactory manner. XX. BUSINESS LICENSE All bidders shall be appropriately licensed in accordance with the state, territory, and/or country of the bidder s origin and shall be skilled and regularly engaged in the general type and capacity of work called fo under this IFB. XXI. INSURANCE The Contractor shall obtain the insurance coverage designated herein and pay all costs associated therewith. Such insurance shall be for the coverage, amounts, and limits as set forth in subsection (a) below. Before commencing the Work, the Contractor shall furnish ASPA with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. The Contractor s insurance shall be maintained for the full period of the Agreement. In the case of a breach of any provision of this section, ASPA, at its option, may take out and maintain, at the expense of the Contractor, such insurance as ASPA may deem proper and may charge the Contractor with such amounts due. Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor s responsibility for payment of damages resulting from its operations under the Agreement. A. During the term of the Agreement the Contractor shall maintain such public liability and property damage insurance, and automobile public liability and property damage insurance that shall protect the Contractor from claims for damage for personal injury, including accidental death, as well as from claims for direct property damage, which may arise from negligent operations under the Agreement, whether such operations are by itself or by a subcontractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows: 1. Workmen s Compensation. The Contractor shall maintain such statutory amounts of workmen s compensation insurance as are set forth in the American Samoa Code Annotated and American Samoa Administrative Code. Page 19 of 53

20 2. Employer s Liability. The Contractor shall maintain employer liability insurance in the amount of Two Million ($2,000,000 USD). 3. Public/General Liability. Public/General liability shall include coverage for wrongful death claims, and shall not exclude coverage for explosion, collapse, or underground exposure. a. The Contractor shall maintain public/general liability insurance covering third party bodily/personal injury in the amount of Five Hundred Thousand Dollars ($500,000 USD) per person/per occurrence with an aggregate of One Million Dollars ($1,000,000 USD). b. The Contractor shall maintain public/general liability insurance covering property damage in the amount of Five Hundred Thousand Dollars ($500,000 USD) per person/per occurrence or coverage that is equivalent as currently available. 4. Automobile Liability. a. Bodily/personal injury. The Contractor shall maintain automobile liability insurance covering third party bodily/personal injury in the amount of Five Hundred Thousand Dollars ($500,000 USD) per person/per occurrence with an aggregate of One Million Dollars ($1,000,000 USD). b. Property damage. The Contractor shall maintain automobile liability insurance covering property damage in the amount of Five Hundred Thousand Dollars ($500,000USD) per person/per occurrence with an aggregate of One Million Dollars ($1,000,000 USD). 5. Builder s Risk Insurance. Unless otherwise modified, the Contractor shall secure and maintain during the life of the Agreement, builder s risk insurance coverage for one hundred percent (100%) of the Agreement amount. Such insurance shall include coverage for earthquake, landslide, flood, windstorm, collapse, or loss due to results of faulty workmanship, and shall provide for losses to be paid to the Contractor and ASPA as their interests may appear. XXII. MONTHLY REPORTS In addition to any requirements specified in the SOW, the Contractor shall also provide a monthly report of services completed. Reports shall be submitted directly to the Engineering Services Division Project Manager for verification prior to sending to any other ASPA office including the Accounting Division. XXIII. BASIS OF AWARD Page 20 of 53

21 Award is made to the lowest responsive, responsible bidder providing the best value to the American Samoa Power Authority. At the time of bid opening, each bid will be checked for the presence or absence of required information in conformance with the submission requirements of this IFB. ASPA will evaluate each bid to determine its responsiveness to the published requirements. Unless the Procurement Manager determines that satisfactory evidence exists that a mistake has been made, as set forth in Procurement Rule 3-114, bidders will not be permitted to revise their Bids after bid opening. Negotiations are not allowed and price is the major determining factor for selection and award. Bids will be evaluated by according to ASPA s Procurement Rules and criteria set forth in these bid documents. XXIV. EVALUATION CRITERIA Each bid offer will be reviewed for exact conformity of the requirements in this IFB, known as a responsive bid. Information provided in/with the bid offer will be used to determine whether the interested bidder has the capacity to deliver the goods or services, known as a responsive bid. A. Experience. Submit the Statement of Qualifications, attached hereto as Exhibit D. Preference will be given to contractors with experience in water pipe installation, concrete tank or welded steel tank installation, and concrete road installation. B. Contract Price. Complete the Bid Form in Attachment C. XXV. QUALIFICATION OF BIDDER ASPA may make such investigations as it deems necessary to determine a bidder s ability to enter into and perform the agreement, and the bidder shall furnish to ASPA such information and data for this purpose as ASPA may request, or the bidder may be deemed non-responsive. XXVI. MULTIPLE BIDS COLLUSION If more than one bid is submitted by any one party or in the name of its clerk, partner or other person; all bids submitted by said party may be rejected by ASPA. This shall not prevent a bidder from submitting alternate bids when called for. A party who has proposed prices on materials is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly to ASPA. If ASPA believes that collusion exists among any bidders, none of the participants in such collusion shall be considered. Bids in which the contract prices are unbalanced or unrealistic may be rejected at ASPA s sole discretion. Page 21 of 53

22 XXVII. BIDDER S UNDERSTANDING Each bidder must understand and acknowledge the conditions relating to the execution of the work and it is assumed that it will make itself thoroughly familiar with all of the Contract Documents prior to execution of the written contract. Each bidder shall inform itself of, and shall comply with, federal and territorial statutes and ordinances relative to the executing of the work. This requirement includes, but is not limited to, applicable regulations concerning protection of public and employee safety and health, environmental protection, historic preservation, the protection of natural resources, fire protection, burning and non-burning requirements, permits, fees, and similar subjects. ASPA has no information relative to the subsurface characteristic of the construction site. Information derived from topographic maps, or from plans showing location of utilities and structures will not, in any way, relieve Bidder from any risk, or from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling the terms of the Bid Documents. XXVIII. AMERICAN SAMOA LICENSES, PERMITS, TAXES AND IMPORT DUTY The Contractor shall be cognizant of and comply with all American Samoa Government ( ASG ) laws and ordinances pertaining to licenses, permits, tax structure and import duties. Additionally, the Contractor shall: A. Have or obtain an ASG business and contractor s license as may be required by applicable law to perform the required contractual work. Over-the-highway vehicles require American Samoa Licenses. Operator s licenses are required; B. Be cognizant that American Samoa is a protectorate of the United States located outside the jurisdiction of the U.S. Customs and U.S. Immigration Department. The Contractor s equipment that will be returned to the United States will be subjected to customs or import duty unless properly manifested before shipment from the United States. Excise Tax on equipment to be incorporated into the project or used on this project may be waived upon written request. Should the Contractor elect to sell the equipment locally upon completion of the contract or to use the equipment for other than this project rather than shipping the equipment away from American Samoa, the equipment will then be subject to the appropriate duty rate. Equipment imported for use other than on this project is also subject to local tax; and C. Comply with the Workmen s Compensation Act and maintain a compliant Health and Safety Plan. A copy of this plan shall be provided to ASPA. XXIX. ADDITIONAL AMERICAN SAMOA REGULATIONS Bidders are advised of the following: Page 22 of 53

23 A. Foreign Labor. Contractors must exercise good judgment in recruiting skilled foreign labor. Unskilled labor used on the project shall be American Samoa resident and/or granted permission by law to work in American Samoa. The Contractor shall conform to the current immigration laws and Codes of American Samoa. B. Social Security for Aliens. Alien technicians brought in to perform the work will be required to register and receive a social security number if they do not already possess one. C. Necessary Inoculations. Inoculations shall be as required by the United States Public Health Service. It will be the Contractor s responsibility to determine that these inoculations are obtained prior to entry from any foreign country or possession. D. Costs of Transportation. The Contractor will be expected to include in its bid, among other things, costs of transporting equipment, materials and personnel to and from American Samoa. E. Labor and Material Furnished by ASPA. No labor will be furnished by ASPA. Certain materials and equipment may be made available to Contractor for its use and access, but only in the sole discretion of ASPA. Bidders should not assume when preparing bids that ASPA material and equipment will be available for their use. F. Equipment and Project Warranty and Maintenance Requirements. All bids should include the cost of a one-year equipment and workmanship warranty, or length of warranty specified in the project specifications, attached hereto as Attachment M. Warranties shall include the cost of all parts, labor, equipment, shipping, and onsite visits to repair or replace any deficient equipment, material, or workmanship and include, at a minimum, at least one site visit by the contractor within 1 year of substantial completion ordered at ASPA s sole discretion. XXX. WITHDRAWAL OF BID Any bid may be withdrawn prior to the scheduled time for the opening of bids by notifying ASPA in a written request. No bid may be withdrawn after the time schedule for opening of bids. XXXI. OPENING AND EVALUATION OF BIDS In accordance with ASPA Procurement Rule 3-110, bids will be opened and recorded as part of the record for the Source Evaluation Board on the assigned date and at the time indicated above at the Materials Management Conference Room located at ASPA Tafuna Plant or in another place designated by ASPA Procurement Manager in writing. XXXII. EXECUTION OF CONTRACT Page 23 of 53

24 The Contractor shall, after receiving the Notice of Award, sign a contract within ten (10) days and deliver to ASPA the contract, together with all other bonds or documents as required by ASPA. XXXIII. ASSIGNMENT The Contractor shall not assign, transfer, convey or otherwise dispose of the award or the contract, or its right, title or interest therein, or its power to execute such contract, to any other persons, firms or corporations without the prior consent in writing of ASPA. XXXIV. TIME IS OF THE ESSENCE Time is of the essence in completing the work to be performed under the contract. Delays and extensions of time will not be allowed, and a penalty fee of $500 per day shall be assessed for not meeting any of the milestones agreed upon between ASPA Project Engineer and the contractor based on the project schedule and shall consist of (at a minimum) pre-construction submittals, equipment shipping, construction of major project components, and final training and start-up services. XXXV. IFB CONDITIONS This IFB does not commit ASPA to award a contract or to pay any cost incurred in the preparation of a bid. The American Samoa Power Authority reserves the right to: A. Reject any bidder for being non-responsive to bid requirements contained in this IFB or for being non-responsible; B. Reject all bids and reissue an amended IFB; C. Request additional information from any bidder submitting a bid; D. Negotiate a contract with the bidder selected for award; and E. Waive any non-material violations of rules contained in this IFB. ASPA reserves the right to issue any addendum to this IFB. Bidders shall send ASPA a signed form confirming receipt of any addendum, and shall submit supporting/additional information as required by any addendum. In the event that a bidder fails to acknowledge receipt of any such addendum in the space provided, such bidder s bid shall be considered irregular and will be accepted by ASPA only if it is in ASPA s best interest, as determined by ASPA in its sole discretion. In the event that addenda are not received until after the bidder has submitted its bid, a supplementary bid may be submitted revising the original bid. Such supplementary bids must be received by ASPA prior to the scheduled time for opening of bids. XXXVI. INDEMNITY PROVISION The Contractor shall indemnify and hold harmless the American Samoa Power Authority and the American Samoa Government from and against any and all claims, damages, losses, and expenses including attorney s fees arising out of or resulting from the performance of the work, provided that Page 24 of 53

25 such claim, damage, loss or expense is attributable to bodily injury, sickness, disease, death or damage to property of whatsoever nature, including the loss of use resulting therefrom, and whether or not is caused in whole or in part by any negligent act or omission of the Contractor, its subcontractors, or anyone employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by the negligence of ASPA and/or the strict liability of ASPA, its agents and employees. XXXVII. REPRESENTATION REGARDING ETHICS IN PUBLIC PROCUREMENTS By submitting a bid, each bidder represents that it has not knowingly influenced and agrees that it will not knowingly attempt to influence any ASPA employee to breach any applicable ethical standards and represents that it has not violated, it is not violating and promises that it will not violate the prohibition against gratuities and kickbacks set forth in of ASPA Procurement Rules or other applicable law. XXXVIII. REPRESENTATION REGARDING CONTINGENT FEES The bidder represents that it has not retained a person to solicit or secure an ASPA contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee; except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. XXXIX. COMPLIANCE WITH LAWS Bidders who are awarded a contract under this solicitation shall comply with the applicable standards, provisions and stipulations of all pertinent Federal and/or local laws, rules and regulations relative to the performance of this contract and the furnishing of goods. XL. AWARD, CANCELLATION, AND REJECTION Contract award shall be made to the lowest responsible and responsive bidder, whose bid is determined to be the most advantageous to the American Samoa Power Authority, taking into consideration the evaluation factors set forth in this solicitation. No other factors or criteria shall be used in the evaluation. ASPA reserves the right to waive any minor irregularities in the bid received. The Procurement Manager shall have the authority to award, cancel, or reject bids, in whole or in part for any one or more items if she determines it is in the best public interest. It is the policy of ASPA to award contracts to qualified bidders. ASPA reserves the right to increase or decrease the quantity of the items for award and make additional awards for the same type items based on the quotation prices for a period of thirty (30) days after the original award. XLI. BIDDER S QUALIFICATION DATA It is the intention of ASPA to award a contract only to the Contractor who is able to furnish satisfactory evidence that it has the requisite experience and ability and that it has sufficient capital, facilities and plant to enable it to perform the work successfully and promptly and to complete it within the term set forth in the contract. Each bidder shall submit as part of the total bid package, the following information: Page 25 of 53