SATALA POWER PLANT REPLACEMENT PROJECT

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1 AMERICAN SAMOA POWER AUTHORITY OFFICE OF PROCUREMENT REQUEST FOR PROPOSAL ( RFP ) SATALA POWER PLANT REPLACEMENT PROJECT (BASE LOAD DIESEL GENERATORS, SWITCHGEAR & AUXILIARIES) May 1, 2012 RFP NO. FY GEN Andra Samoa Chief Executive Officer

2 Table of Contents Title Page... 1 Table of Contents... 2 Notice to OFFERORS... 3 Proposal Invitation... 4 Special Reminder to Prospective OFFERORS... 6 Significant Dates... 7 General Terms and Conditions... 8 Proposal Transmittal Form (Attachment A) Detailed Scope of Work (Attachment B) Part 1 Base Load Generators Part 2 Switchgear & Auxiliaries Proposal Cost Form (Attachment C) Offeror Qualification Form (Attachment D) Performance Bond Instructions (Attachment E) Performance Bond Form (Attachment F) Proposal Bond Instructions (Attachment G) Proposal Bond Form (Attachment H)..71 Non Collusion Form (Attachment I)...74 Disclosure Statements Form (Attachment J)...76 Output Performance Guarantee, Table 5 (Attachment K) Instructions for Uploading Big File Proposals (Attachment L) Base Load Diesel Generators, Switchgear & Auxiliaries System Page 2

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4 PROPOSAL INVITATION IOANA S. ULI PROCUREMENT MANAGER DATED ISSUED: May 1, 2012 PROPOSAL INVITATION NO: RFP No. FY GEN INSTRUCTIONS: 1) This REQUEST FOR PROPOSALS shall require a Cost and Services Proposal to be submitted as described below in a sealed envelope, box, or other enclosure. 2) All required submittals must be addressed to the ASPA Procurement Manager at the above listed address. 3) An original and ten (10) copies of the completed proposal or electronic submittal must be received at the ASPA Procurement Office no later than 2:00 p.m. on August 1, 2012, at which time proposals will be opened. 4) The envelope or box must be labeled RFP No. FY GEN Base Load Diesel Generators, Switchgear & Auxiliaries. 5) Late submittals will not be opened or considered and will be determined as non responsive. 6) Any and all pre proposal questions and/or clarifications shall be submitted to ioana@aspower.com or the Procurement Manager in writing (through electronic mail or hard copy) no later than June 25, 2012 by 4:00 p.m. 7) The ASPA shall issue addenda to address questions and/or clarifications as necessary. 8) The Offerors may submit the proposals through three (3) means. i. Electronic File Transfer The Offeror may submit the proposal using the electronic mail facility. This will enable the Offerors to upload proposal file by attachment. The proposals must be uploaded by Midnight on July 31, 2012, American Samoa Time. ii. iii. a. Express Mail Offerors submitting through the Electronic File Transfer must still transmit the proposals via Express Mail using DHL, FEDEX, or US Postal Service with a postal receipt stamp of 6:00 PM, July 23, 2012, American Samoa Time. Since the ASPA anticipates receiving proposals from companies on both sides of the dateline, the ASPA will convert the time frame of the receipt provided by the Express Mail Service Provider. In Person Delivery Offerors may deliver the proposal in person at the ASPA Offices at the Tafuna Powerplant Compound (Security Guard at the main gate will direct Offerors and/or Representative to the Procurement Office inside the compound) in Tafuna. Proposals must be received by 2:00 PM on August 1, 2012, American Samoa Time. Mail Only Option The Offeror may elect only to transmit the proposal by Express Mail. If the proposal is to be only submitted via Express Mail, then, the Proposal must be accompanied with a Receipt Stamp provided by the Express Mail provider dated no later than 6:00 PM on July 23, 2012 AND a copy of the Express Mail receipt stamp must be transmitted to the ASPA on the same day. iv. Instructions for uploading Proposals with are available on Attachment L.

5 NOTE TO OFFERORS: This proposal is subject to the General Terms and Conditions, and attached Scope of Work 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 of the cost proposal. In consideration of the expense to the American Samoa Power Authority in opening, tabulating, and evaluating this and other proposals, and other considerations such as the schedule, the undersigned agrees that this proposal shall remain firm and irrevocable for Two Hundred Seventy (270) calendar days from the proposal closing date. Furthermore, all quotes and prices from the successful Offeror must be in United States Dollars (USD) and remain firm and irrevocable until the final delivery date of all equipment and materials. Signed: Date: Base Load Diesel Generators, Switchgear & Auxiliaries System Page 5

6 AMERICAN SAMOA POWER AUTHORITY SPECIAL REMINDERS TO PROSPECTIVE OFFERORS All Offerors are reminded to read and comply with the Proposal Invitation Instructions and General Terms and Conditions. The Offeror must attach a signed Proposal Transmittal Form and acknowledgement of all Proposal Conditions and Addenda. The Offeror shall ascertain that all of the following requirements of the proposal are submitted in a single proposal envelope or box and delivered prior to the specified date and time for proposal opening. a. Proposal Transmittal Form (Attachment A) b. Proposal Cost Form (Attachment C) c. Offeror Qualification Sheet (Attachment D) d. Performance Bond (Attachment F) e. 10% Proposal Security/Bond (Attachment H) f. Non Collusion Form (Attachment I) g. Disclosure Statement Form (Attachment J) h. Output Performance Guarantee, Table 5 (Attachment K) i. Business License (American Samoa License or Applicable License) j. Technical Proposal All required forms must be signed and returned with the proposal envelope. Failure to comply with these requirements may result in disqualification or rejection of the proposal. I, the duly authorized Representative of, acknowledge receipt of this special reminder to prospective Offerors together with RFP No. FY GEN Diesel Base Generators, Switchgear & Auxiliaries System as of this date, 2012, and addenda (listed below) issued by the ASPA. Signature of Offeror s Representative Addenda Base Load Diesel Generators, Switchgear & Auxiliaries System Page 6

7 SIGNIFICANT DATES The following are significant anticipated Scheduling and Contract Dates for this RFP: May 1, 2012 May 21, 2012 June 18, 2012 June 25, 2012 July 9, 2012 August 1, 2012 August 9, 2012 September 3, 2012 September 21, 2012 October 5, 2012 RFP Issuance Date Teleconference to Discuss the Request for Proposal Site Visit for all interested Visitors Deadline for submitting questions, inquiries, and/or clarifications to the ASPA. ASPA Deadline to Issue any Addenda to address questions and or clarifications as necessary. Closing Date. See details of how to send proposals on the Proposal Invitation Form page 4 of this RFP. Evaluation, Requests for Clarifications of Proposal, and Negotiation Inform Successful Offeror/proposal Contract Award Contract Execution and Notice to Proceed Base Load Diesel Generators, Switchgear & Auxiliaries System Page 7

8 GENERAL TERMS AND CONDITIONS For SATALA POWER PLANT REPLACEMENT PROJECT (BASE LOAD DIESEL GENERATORS, SWITCHGEAR & AUXILIARIES) RFP NO.FY GEN Request for Proposals I. Introduction A. This is a Request for Proposals (RFP) issued by the American Samoa Power Authority ( ASPA ) in American Samoa. The ASPA is soliciting proposals for 23MW of Base Load Diesel Generators, Switchgear & Auxiliaries system. The RFP consists of two (2) technical parts. The ASPA is soliciting for the following: 1. Part 1: Base Load Diesel Generators; in the range of 4MW to 5MW continuous output, at 13.2kV, 60 Hz, 3 phase 4 wire system; for a total of approximately 23MW capacity. Generators shall be located at the proposed Satala power plant replacement facility. Generator units will be mainly evaluated on costs per unit, and on Technical criteria high fuel efficiency, low maintenance cost, durability, etc. 2. Part 2: Metal Clad Switchgear & Auxiliaries system, including protection, central control room, generator Motor Control Centers (MCC), SCADA & remote control for instrumentation and alarms, battery banks, station service low voltage (LV) switchgear, transformers, and all related electrical equipment required for reliable and smooth operation of the power plant. Note: For the purpose of this RFP, all Voltages from 7.62kV and above are referred to as High Voltage (HV). B. The Offeror shall propose a plan that specifies the number of diesel generators required in Part 1, and the plan for Part 2 (switchgear, auxiliaries, control equipment, and all related equipment including the set up), to generate approximately 23MW of power in accordance with the specifications contained herein. C. For Part 1 and Part 2 of the RFP, the Offeror is required to: 1. Inspect the preferred Site Location at an Offeror s conference and provide a technical proposal for 23MW of Base Load Diesel Generators, Switchgear & Auxiliaries system for the proposed Satala power plant. 2. Deliver, install, test, integrate, and commission all of the 23MW Diesel Base Generators, Switchgear, and Auxiliaries & Controls System. The Offeror shall also furnish (but will not be limited to) the following: Ancillary Equipment, Central Control Room, Station Service Transformers, Black Start Generator System, Protection System, Weatherproof Enclosures for outdoor equipment, 120VDC Battery Banks, and all related equipment and materials that will enable the 23MW Base Load Diesel Generators, Switchgear & Auxiliaries system, to operate in accordance with the requirements, specifications, and time frames contained in the RFP. 3. Provide engineering diagrams for the Diesel Base Generators, Switchgear & Auxiliaries system for the Satala power plant replacement facility. Base Load Diesel Generators, Switchgear & Auxiliaries System Page 8

9 4. Design the Diesel Base Generators, Switchgear & Auxiliaries system to withstand the effects of corrosion and operate in a tropical environment as the proposed Satala power plant replacement facility is proposed to be situated in Pago Pago harbor area next to the ocean. 5. Prepare an electrical plan for the integration of the Satala power plant replacement facility (Diesel Base Generators, Switchgear & Auxiliaries system) into the existing ASPA grid (including Tafuna power plant through the 34.5kV Tieline) in accordance with the specifications contained herein. 6. Design and manufacture the Diesel Base Generators, Switchgear & Auxiliaries system to optimize the fuel efficiency of the generation system with the appropriate protection, interface, SCADA monitoring, and control capabilities. 7. Provide As Built documentation of the system if selected as the successful Offeror. 8. Provide training for the ASPA personnel on the installation, operation, and maintenance of the diesel base generators, switchgear, auxiliaries, and associated equipment. 9. Coordinate with the ASPA the integration of the new 23MW generation system to the ASPA 13.2kV grid and 34.5kV Tieline system. 10. Install and Commission the Diesel Base Generators, Switchgear & Auxiliaries system in American Samoa. 11. Prepare the installation in accordance with the details of the scope of work in Attachment B. The new 23MW generation system must be designed to be resilient to operate in remote and tropical island environments. 12. Design new generation system to allow for future expansion in case additional generators and distribution feeders are added. 13. Provide proof of proven and current generation system together with data on generator output capacity. The maximum generation capacity and efficiency will be verified after system installation. D. The selected Offeror shall work with the ASPA to survey, measure and perform other work necessary to ensure that the site plan will meet the needs for the proposed generation system. The Offeror shall prepare final plans together with the ASPA on the layout of the Diesel Base Generators, Switchgear & Auxiliaries system. E. The power plant building construction shall be tendered separately. Therefore the successful Offeror will be required to submit information to the ASPA and the successful Offeror of the building, on its requirements for generator foundation, power plant building space & dimensions, to house all the base generators, blackstart generators, switchgear, central control room, SCADA equipment, ancillaries, and all related equipment for the proposed 23MW Base Load Diesel Generator system. The Offeror shall also include requirements for the overhead crane for the maintenance of generators. F. All plans and design drawings must be certified by Professional Engineer(s) registered in the United States (US) for the appropriate discipline of each component of the project. Base Load Diesel Generators, Switchgear & Auxiliaries System Page 9

10 G. The Successful Offeror shall participate in any discussion with the ASPA and A&E firm for the Design of the Satala power plant replacement facility. II. BACKGROUND A. The American Samoa Power Authority is a multi function public utility that provides electric power, water, waste water, solid waste services and fuel distribution services. B. American Samoa is currently 100% reliant on diesel power as of the date of this RFP. However, on April 13, 2012, ASPA commissioned its 1.75MW capacity of ground mounted Photovoltaic solar panels connected to the grid as a critical step to supplement and reduce its reliance on diesel. It is currently testing its waste heat recovery project and has installed 12 anemometers throughout the island. In addition to its efforts in reducing its reliance on one source, it is also pursuing conservation and energy efficiency measures on its transmission and distribution lines. C. The ASPA generates electricity to serve a population of 56,000 in five remote islands. Tutuila the largest island composing of various small scale industries and residential services takes up 98% of electricity generated. Other remote islands including Aunu u, Ta u, Ofu and Olosega have their own small diesel generator plants. D. On September 29, 2009, a tsunami severely damaged the Satala power plant located on the island of Tutuila, resulting in a loss of 23MW of diesel generation capacity or approximately 60% of the ASPA s generation capacity on Tutuila. The ASPA in partnership with the United States Federal Emergency Management Agency (FEMA) conceived a three (3) Tier approach for the recovery of the 23MW of generation capacity lost from the tsunami disaster. Tier 1 involved the deployment of small temporary generators to over ten sites on the main island of Tutuila to generate emergency power for the residents. Tier 2 involved the mobilization of larger rental generators from overseas to supply power. A contract was awarded to Aggreko for the supply of temporary rental generators. For the Tier 2 plan, temporary containerized generators will substitute the lost Satala plant until the completion of the Tier 3 plan, which is the complete replacement of the damaged 23MW Satala power plant. The ASPA seeks to construct, purchase, install, test, commission, operate and maintain a new replacement 23MW power plant. E. Please see Attachment J Exhibit 1 for the map of the islands and the location of the preferred project site. III. PROPOSAL SUBMITTALS The Offeror shall provide a collated binder that includes tab separators. The proposal binder shall be organized as follows. A. Transmittal Form (Letter on Offeror Letterhead) The Offeror shall submit a completed Attachment A Proposal Transmittal Form. B. Tab 1 Proposal Submission Forms The Offeror shall complete and include in Tab 1 all required forms as provided for in this RFP. 1. Proposal Cost Form Attachment C Base Load Diesel Generators, Switchgear & Auxiliaries System Page 10

11 2. Offeror Qualification Form Attachment D A dossier of personnel qualifications and professional credentials must be provided in Attachment D. Failure to provide this information may result in the proposal being rejected for nonresponsiveness. Attachment D must include a list of three or more references and a project history to document a minimum of five (5) years of specifically related experience. 3. Performance Bond Form Attachment F 4. Proposal Bond Attachment H Offerors must submit a proposal security proposal bond (or cashier s check) made payable to the ASPA equivalent to 10% of the project proposal total amount. The Offeror shall forfeit the proposal bond (or cashier s check) in the event that the Offeror withdraws his proposal between the time the sealed proposals are opened and a contract is signed between the ASPA and the most responsible Offeror. All non forfeited proposal bonds will be released back to the Offerors when the ASPA and the most responsible Offeror signs a contract. Proposals received without an appropriate proposal bond will be considered non responsive and will not receive consideration. 5. Non Collusion Form Attachment I 6. Disclosure Statements Form Attachment J 7. Performance Guarantee Form Power Output and Efficiency of Generators and Capacity for Switchgear, and Auxiliaries (Table 5, Attachment K). 8. Licenses Offerors must hold an appropriate and current professional certification and business licenses for the requested professional services. Please provide a copy of any and all professional certifications and business licenses. C. Tab 2 Technical Proposal The Offeror shall submit a full and detailed Technical Proposal as required in this RFP, which describes the materials, services, and procedures that completely addresses the requirements presented in the Scope of Work. As part of the Technical Proposal, the Offeror shall provide the following information: 1. Project Goals and Objectives The Offeror shall describe the project goals and objectives, and project methodology. 2. Technical System Design and Specifications Technical description of the proposed project, including all technical plans and drawings for the project; specification of the kw output anticipated for the generators, fuel efficiency and capacity of switchgear and auxiliaries. It shall also state how calculations are derived and how the system provides for redundancy. 3. Project Timetable and Milestones (including copy of MS Project Plan in soft copy). Also include inside the timeline the following: i ii iii The Factory testing before delivery; Site testing and commissioning. One month of operating the 23MW system. 4. Operation and Maintenance of System Offeror shall describe the operation and specific maintenance requirements, including, but not limited to: Base Load Diesel Generators, Switchgear & Auxiliaries System Page 11

12 i ii iii Schedules for maintenance; Parts that need to be replaced or refurbished on periodic schedules; Detailed description for system operation and any required testing and inspection. 5. Prior Related Experience/Past Performance The Offeror shall provide a description of the Offeror firm s related experience. 6. Offeror Professional and Installation Team Offeror shall describe the individuals and qualifications of the project team. The Offeror must describe the personnel. Any changes to the project team will need to be approved by the ASPA. 7. Subcontractors i ii Where use of a subcontractor is intended, the Offeror shall identify the tasks to be subcontracted and supply the complete name, business address, and license classification of the subcontractor. The ASPA requires that all performance and warranties be provided by the Offeror and not any contractor or manufacturer. The Offeror may apply a manufacturer warranty. However, such application shall not be in lieu of the warranty provided by the Offeror. 8. Training Offeror shall provide training to ensure that the proposed system operates efficiently and effectively. The Offeror shall describe the type and amount of training that will be provided to the ASPA generation team. D. Tab 3 Point by Point Response to the Technical Scope of Services Offeror shall use the word document of the technical scope of services and describe whether and how the Offeror meets all requirements. E. Tab 4 Cost Proposal The Offeror shall submit a detailed cost proposal that completely addresses the requirements of the scope of work. All costs shall be in firm, fixed, U.S. Dollars. The Offeror shall submit a cost proposal in addition to a sum proposal as required in Attachment C. F. Tab 5 Additional Information The Offeror may include any additional information, including company and product brochures. G. Tab 6 General Terms and Conditions The Offeror must provide a description of any and all proposed deviations or objections from the ASPA General Terms and Conditions. H. Tab 7 Addenda The Offeror must return to the ASPA executed copies of all addenda issued by the ASPA. IV. DATE/TIME/PLACE OF PROPOSAL SUBMITTAL AND PROPOSAL OPENING A. Each Offeror must submit its proposal in a sealed envelope addressed to: Ms. Ioana Uli ASPA Procurement Manager P.O. Box PPB Pago Pago, AS Base Load Diesel Generators, Switchgear & Auxiliaries System Page 12

13 B. An original, 10 (ten) hard copies, and one (1) electronic PDF copy of each part of the proposal must be received in the Office of Procurement by selected means as detailed in Proposal Invitation on page 4. C. Late submittals will not be opened or considered and will be determined as non responsive. D. All Offerors shall provide sufficient written and verifiable information that responds to the requirements of the RFP, and in accordance with the SOW. V. PRE PROPOSAL QUESTIONS A. Any pre proposal questions and/or clarification requests shall be submitted in writing to through electronic mail or in hard copy to the address listed on page 4 of this document. B. Pre proposal questions must be received no later than 4:00 p.m. on June 25, The ASPA will then issue addenda to address any questions and/or clarifications as may be necessary on July 9, VI. ADDENDA A. The ASPA reserves the right to issue Addenda for any changes to this RFP. B. The Offerors will be requested to send a signed Receipt of Addenda to the ASPA for each addendum that may be issued. C. All Addenda will be posted to the aspower.com web site. D. The Offeror must sign and include all addenda as a part of the proposal submittal. VII. BEST AND FINAL OFFER The ASPA reserves the right to issue a Request for a Best and Final Offer ( BAFO ) at its sole discretion. VIII. TYPE OF CONTRACT A. The successful Offeror will provide services to the ASPA under a negotiated fixed fee agreement. B. The successful Offeror shall be an independent contractor and not an agent or employee of the American Samoa Power Authority. C. The successful Offeror shall furnish the necessary personnel, materials, insurances, licenses, equipment, ground transportation to and from work areas, required materials or services, and otherwise do all things necessary to perform the work and services specified in the Scope of Work and to the satisfaction of the ASPA. 1. The successful Offeror must at all times comply with all applicable worker s compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable. 2. The ASPA will not be held responsible in any way for claims filed against the successful Offeror for services performed under the terms of this RFP or the contract. IX. PAYMENT TERMS Base Load Diesel Generators, Switchgear & Auxiliaries System Page 13

14 The payment terms are as follows: A. Ten Percent (10%) of the total payment upon signing of the Agreement payable within thirty days of receipt of invoice payable within thirty (30) days of receipt of invoice; B. Five Percent (5%) on approval of design and plan for 23 MW Power Generation, Switchgear and Auxiliaries System payable within thirty (30) days of receipt of invoice; C. Five Percent (5%) of the total payment upon the ASPA s approval of factory testing of the engines payable within thirty (30) days of receipt of invoice; D. Thirty Percent (30%) upon written notice that the equipments has shipped to American Samoa payable within thirty (30) days of receipt of invoice; E. Twenty percent (20%) upon delivery of Equipment, Materials, and Parts to American Samoa payable within thirty (30) days of receipt of invoice; F. Fifteen Percent (15%) upon commissioning, after the ASPA s receipt and passing of the final order payable within thirty (30) days of receipt of invoice. G. Fifteen Percent (15%) upon turnover and completion of all tax clearances, payable within thirty (30) days of receipt of invoice. Each Percentage Payment shall be made within the times outlined above. Offeror may also propose its own payment terms which are subject to review and negotiation at the sole discretion of the ASPA. X. WARRANTY AND INSURANCE COVERAGE A. WARRANTY. The warranty is an important part of the selection review of the Source Evaluation Board (SEB). The Offeror shall warrant the items described in this RFP. The Offeror shall indicate the length of the warranty offered for all items, including specific details regarding warranties for additional services provided including, but not limited to the installation, the functions, and the reliability of all components provided in the proposal. 1. If the Generators exhibit performance less than a stated percentage of the original rated power or efficiency for a specified period of time, the successful Offeror shall remediate the problem. The specified time is the time covered under the warranty. 2. All parts of the Base Load Diesel Generators, Switchgear & Auxiliaries and associated equipment supplied under this contract shall be warranted by the successful Offeror(s). The Base Generators and Switchgear equipment main parts shall be warranted for no less than 5 years, offers will be evaluated based on the maximum warranties offered. 3. If the System components or any of the equipment fails within the warranty period, the successful Offeror must immediately replace or correct the faulty part at their expense. Warranty shall include at a minimum the following: i. Replacement Parts; ii. Ocean freight; iii. Road transportation; Base Load Diesel Generators, Switchgear & Auxiliaries System Page 14

15 iv. Shipping and handling; v. Insurance of parts to and from the factory; vi. Labor and equipment to assemble and replace the parts; vii. Labor shall include Offeror s charge out rate for travel, meal, accommodation, transportation, tool/equipment hire; and viii. The ASPA employees that will assist with repair. 4. Repair or replacement of warranted item(s) shall be completed within one month from failure and on receipt of notification with the exception of large parts/components with long delivery/lead time. 5. As a separate cost item, extended warranty period of another 5 years for these main components: i. Diesel Engine Main Parts (Crankshaft, Crankcase, Con Rods, Gear Train, Camshaft, etc.) ii. Alternator iii. Switchgear iv. Auxiliaries and related equipment B. INSURANCE COVERAGE. The insurance coverage is an important part of the selection review of the Source Evaluation Board (SEB). Insurance coverage shall be provided but not limited to the following areas. The amount of coverage offered shall be detailed in the Offeror s proposal. 1. Construction Insurance which covers the power plant project and all the equipment from the time of shipping through final commissioning of the project. 2. Workman s Compensation Insurance which covers all potential accidents and injuries to Offeror s employees and Offeror s subcontractors working on the ASPA power plant project. 3. Shipping Insurance which covers all potential losses or damage to equipment while in transit to final destination within American Samoa. XI. PERFORMANCE BOND A. A performance and surety bond must be provided by the successful Offeror prior to or concurrent with execution of the written contract. The performance bond shall be in the amount equal to the total proposal cost. Proposals received without a 100% performance bond as a part of its proposal will be considered non responsive. B. 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 the 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 C. Power of Attorney. Attorneys in fact who sign proposal bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. Base Load Diesel Generators, Switchgear & Auxiliaries System Page 15

16 XII. PROPOSAL SECURITY / BOND A. Proposal Security Each proposal must be accompanied by a cashier s check or proposal bond made payable to the American Samoa Power Authority. The cashier s check or proposal bond shall be ten percent (10%) of the total proposal amount in U.S. dollars. Company or personal checks are not acceptable. If an offeror fails to submit the required proposal security with the proposal, the proposal shall be considered non responsive and subject to rejection. B. Return of Proposal Security The ASPA reserve the right to retain the proposal security of the three lowest Offerors until the successful Offeror has signed and delivered the contract. Upon failure of the successful Offeror to sign and deliver said contract within the specific time, the next lowest proposal may be at the ASPA discretion, whereupon the above instruction and requirements will apply to the said second Offeror. Proposal security in the form of legal tender or a cashier s check will be returned promptly after the review of all proposals, except those of the three lowest Offerors, which will be retained and returned within 25 days after the contract has been executed. XIII. BASIS FOR SELECTION A. Contract award will be made by the ASPA in accordance with the evaluation criteria set forth herein and with the ASPA Procurement Rules. B. Proposals will be evaluated by a Source Evaluation Board (SEB). 1. SEB members shall be nominated by the Procurement Manager and approved by the Officers of the ASPA. 2. The ASPA Officers may also serve as additional SEB Members. 3. Submission of a proposal shall constitute a waiver of any challenge or dispute of the SEB process. C. The SEB will evaluate each of the responsible submitted proposals, as determined by the Procurement Manager. 1. Discussions may be conducted by the SEB with any or all of the Offerors. 2. Such discussions shall only be conducted for the purpose of obtaining clarification from the Offeror on its proposal in order to ensure full understanding of, and responsiveness to, the RFP requirements. 3. Discussions shall be conducted on an as needed basis with individual Offerors 4. Care shall be exercised to ensure that no information derived from competing Offeror s proposals is disclosed. 5. Each Offeror with whom discussions are conducted shall be accorded an opportunity to revise their proposals in response to specific clarifications based on the discussions. D. When the evaluation process is complete, the SEB will forward a ranked order memorandum of recommendation for contract award to the Procurement Manager. Base Load Diesel Generators, Switchgear & Auxiliaries System Page 16

17 E. After receiving the Source Evaluation Board s written recommendation and concurring with that recommendation, the Procurement Manager shall forward the SEB recommendation to the requesting manager for routing through the CFO to the Board of Directors and the CEO for final approval and subsequent contract award. F. Approval is not final until it is authorized by the ASPA Board of Directors. XIV. EVALUATION CRITERIA A. All Responsive Proposals will be evaluated and ranked by the Source Evaluation Board according to the following point system. 1. Warranty, Insurance, Performance Bond And Proposal Bond: 0 05 points possible 2. Schedule: 0 15 points possible 3. Experience: 0 20 points possible 4. Technical: 0 25 points possible 5. Contract Price: 0 35 points possible 6. Total: 100 total points possible B. The ASPA reserves the right to make the contract award to the Offeror that submits the proposal which best meets the requirements set forth herein and which is in the best interests of ASPA after taking into consideration the aforementioned factors. XV. ATTACHMENTS A. Attachment A contains the Proposal Transmittal Form B. Attachment B contains the Detailed Scope of Work C. Attachment C contains the Cost Proposal Form D. Attachment D contains the Offeror s Qualification Form E. Attachment E contains the Performance Bond Instructions F. Attachment F contains the Performance Bond Form G. Attachment G contains Proposal Security Bond Instructions H. Attachment H contains Proposal Security Bond Form I. Attachment I contains the Non Collusion Affidavit Form J. Attachment J contains the Disclosure Statements Form K. Attachment K contains Tables and Exhibits; Table 5 contains Output Guarantee Table L. Attachment L contains Instructions for Uploading Big files XVI. QUALIFICATION OF OFFERORS A. At a minimum, the Offeror shall submit that information which is required by Attachment D, the Offeror s Qualification Form. Base Load Diesel Generators, Switchgear & Auxiliaries System Page 17

18 B. The ASPA may make such investigations as it deems necessary to determine the ability of the Offeror to perform the work. C. The Offeror shall furnish to the ASPA such additional information and data for this purpose as the ASPA may request, or the proposal may be deemed non responsive. XVII. MULTIPLE PROPOSALS COLLUSION A. If more than one Proposal is submitted by any one party or in the name of its clerk, partner or other person, all Proposals submitted by said party may be rejected by the ASPA. B. If requested by the ASPA to do so, an Offeror may submit an alternate Proposal. C. If the ASPA believes that collusion exists amongst any Offerors, the participants in such collusion will be disqualified from contract award consideration. D. The proposals in which the proposed costs and fees are unreasonably high, or unrealistically low, may be rejected at the ASPA s sole discretion. XVIII. BUSINESS LICENSE A. Off island Offerors (outside of American Samoa) shall be appropriately licensed in accordance with the state and/or country of the Offerorʹs origin and shall be skilled and regularly engaged in the general type and capacity of work called for under this RFP. B. Local Offerors shall possess a currently valid American Samoa Business License prior to the execution of the contract. XIX. OFFEROR S UNDERSTANDING A. The successful Offeror must inform itself of the conditions relating to the execution of the work. B. The successful Offeror will make itself thoroughly familiar with all the Contract Documents prior to execution of the Agreement. C. The successful Offeror shall comply with, federal and territorial statutes and ordinances relative to the execution of the work including, but not limited to, applicable regulations which concern the following: 1. Wage rates; 2. Non discrimination in the employment of labor; 3. Protection of public and employee safety and health; 4. Environmental protection; 5. Historic preservation; 6. Protection of natural resources; 7. Fire protection; 8. Burning and non burning requirements; 9. Permits, fees, and 10. Similar subjects. Base Load Diesel Generators, Switchgear & Auxiliaries System Page 18

19 D. The successful Offeror shall agree to the requirements under Executive Order No , as amended, including specifically the provisions of the equal employment opportunity clause. XX. AMERICAN SAMOA LICENSES, PERMITS, TAXES AND IMPORT DUTY A. The Offeror shall be cognizant of and shall comply with all American Samoa Government (ASG) laws and ordinances pertaining to licenses, permits, the American Samoa Government tax structure and import duty. 1. The successful Offeror shall have an ASG Business License in order to perform the required contractual work. 2. As necessary, the successful Offeror must pay income taxes to the American Samoa Government based on the profit made on the RFP contract. B. American Samoa is a protectorate of the United States and lies outside the jurisdiction of the U.S. Customs and U.S. Immigration Department. Any Offeror owned equipment to be returned to the country of origin will be subject to customs/import duty unless properly manifested before shipping to American Samoa. C. Excise Tax on equipment (5%) to be incorporated into the project or used on this project will may be waived upon written request to the American Samoa Government. The Excise tax is the responsibility of the successful Offeror. Any pursuit of a waiver of such Excise Tax is the responsibility of the successful Offeror. D. If the Offeror elects to sell its equipment locally upon completion of the contract or use the equipment for other than this project rather than shipping the equipment away from American Samoa, that equipment will then be subject to the appropriate import duty rates required for such equipment under the American Samoa Import Duties and Taxes codes. E. Any equipment imported for use on other than this project is also subject to local duty and taxes. F. A successful Offeror who is also a foreign corporation shall take note of the American Samoa Section 1442 of the Internal Revenue Code for tax year 2000, as adopted by ASG pursuant to A.S.C.A XXI. WITHDRAWAL OF PROPOSAL A. Any Proposal shall be withdrawn prior to the scheduled time for the opening of Proposals by notifying the ASPA in a written request. B. No Proposal shall be withdrawn after the time scheduled for opening of Proposals. XXII. OPENING AND EVALUATION OF PROPOSALS A. In accordance with Procurement Rule 3 110, Proposals will be opened and recorded as part of the record for the Source Evaluation Board on the date and at the time indicated in Proposal Invitation of this document. B. All Proposals will be opened at the ASPA Power Generation Office in the Tafuna Power Plant Compound in American Samoa or in another location so designated by the ASPA Procurement Manager in writing. Base Load Diesel Generators, Switchgear & Auxiliaries System Page 19

20 C. In accordance with Procurement Rule 3 114, mistakes in a proposal detected during or after proposal closing may be corrected. If the Offeror submits evidence in writing satisfactory to the Procurement Manager that a mistake has been made by the Offeror in the calculation of the proposal, the proposal may be corrected or withdrawn; provided, that the claim of mistake and the evidence in support thereof must be made and provided within three (3) business days after the proposal has been opened. XXIII. EXECUTION OF CONTRACT Upon receiving the ASPA Notice of Award, the successful Offeror must sign and deliver the Contract to ASPA, together with any other documents as may be required by the ASPA within Fifteen (15) calendar days. XXIV. RFP CONDITIONS A. This RFP does not commit the ASPA to award a contract or to pay any cost incurred in the preparation of a proposal. B. The ASPA reserves the right to do the following: 1. Reject any Offeror for being non responsive to the Proposal requirements which are contained in this RFP; 2. Reject all proposals and reissue an amended RFP; 3. Request additional information from any Offeror submitting a proposal; 4. Select an Offeror for award based on other than least cost criteria (e. g. capability to complete work in a timely fashion or substantive and relevant work experience); 5. Negotiate a contract with the Offeror selected for award; 6. Revoke an award letter from one Offeror should negotiations fail to produce a satisfactory contract from the ASPA s point of view and award the project to another Offeror; 7. Retain as liquidated damages the proposal bond of any Offeror who does negotiate with the ASPA in good faith; and 8. Waive any non material violations of rules contained in this RFP. C. The ASPA reserves the right to issue any addendum to this RFP. 1. The Offeror must send the ASPA a signed Receipt of Addenda form confirming the receipt of any Addendum; 2. The Offeror shall submit any additional information that is required by any Addendum; 3. If any Offeror fails to acknowledge the receipt of any such Addendum, the Offeror s Proposal will be considered irregular and will be accepted by the ASPA only if it is in the ASPA s best interest; XXV. STANDARDS AND CODES The following shall be the applicable standards and codes to which the equipment shall comply with. The latest version of the standards or codes shall be binding. Base Load Diesel Generators, Switchgear & Auxiliaries System Page 20

21 A. NSPS National Source Performance Standards B. IP Ingress Protection C. IEEE Institute of Electronics and Electrical Engineers D. NEC National Electric Code E. IEC International Electrotechnical Commission F. NEMA National Electrical Manufacturers Association G. NEC National Electric Code H. NESC National Electrical Safety Code I. USEPA United States Environment Protection Agency J. ISO International Organization of Standards K. UL Underwriters Laboratories L. NFPA Underwriters Laboratories Inc M. AWS American Welding Society N. ANSI American National Standards Institute O. NFPA National Fire Protection Associations P. ASCE American Society of Civil Engineers Q. SSPC Steel Structures Painting Council R. ACI American Concrete Institute S. AISC American Institute of Steel Construction T. AISI American Iron and Steel Institute U. ASME American Society of Mechanical Engineers V. ASTM American Society of Testing and Materials W. BS British Standards X. AS Australian Standards Y. ASEPA American Samoa Environment Protection Agency Z. USEPA United States Environment Protection Agency XXVI. LIQUIDATED DAMAGES. A. The successful Offeror shall be responsible for the timely completion of the award as the winner of the specified equipment and installations herein to satisfy the ASPA s requirement of the project. B. The successful Offeror shall be charged liquidated damages payable to the ASPA for failure to meet specified Project Completion date as specified in the Milestones in Attachment G, Table 4. Base Load Diesel Generators, Switchgear & Auxiliaries System Page 21

22 1. The Project completion is defined as the day by which the necessary installation, integration, testing, pre commissioning tests, and commissioning of the 23MW Diesel Base Power Generation system, Switchgear and Auxiliaries; and is to be fully operational as confirmed by the issuance of the ASPA verification and certification of acceptance of the work. 2. Liquidated damages shall be the daily amount of Five Thousand Five Hundred Dollars (US$5,500.00) for each day until the project is fully completed and to the ASPA s satisfaction as stated in part B.1 of this section. XXVII. OFFEROR S QUALIFICATION DATA A. It is the intention of the ASPA to award a contract only to an Offeror, who is able to furnish satisfactory evidence that the Offeror has the requisite experience and ability, including sufficient capital, facilities and plant, which are necessary to prosecute the work successfully and promptly and to complete it within the term set forth in the contract. B. The Offeror shall complete and submit Attachment D, the Offeror s Qualification Form, as part of the total Proposal package. C. The Offeror must submit a list of installations it has worked with in the past 5 years of similar or larger scale (> 23MW Generation System) to this project). Base Load Diesel Generators, Switchgear & Auxiliaries System Page 22

23 ATTACHMENT A PROPOSAL TRANSMITTAL FORM Date: AMERICAN SAMOA POWER AUTHORITY American Samoa Government To Whom It Concerns: The undersigned (hereafter referred to as the Offeror) hereby proposes and agrees to furnish all of the requested submittal and proposal information pertaining to RFP NO. FY GEN: SATALA POWER PLANT REPLACEMENT PROJECT (BASE LOAD DIESEL GENERATION, SWITCHGEAR & AUXILIARIES) in accordance with the Scope of Work, General Terms and Conditions, Special Terms and Conditions, and other procurement requirements specified in this document for the prices stated in the itemized proposal form(s) attached hereto, plus any and all sums to be added and/or deducted resulting from all extra and/or omitted work in accordance with the unit and/or lump sum prices stated in the itemized proposal form attached hereto. The undersigned has read and understands the proposal requirements, and is familiar with and knowledgeable of the local conditions at the island wide location(s) where the work is to be performed. The Offeror has read the RFP Instructions and General Terms and Conditions attached to ascertain that all of the (see check boxes) requirements of the cost proposal are submitted in the proposal envelope, with five copies, at the date and time for proposal opening. (See Page Six (6) of this document, SPECIAL REMINDERS TO PROSPECTIVE OFFERORS to verify that all submittal requirement boxes have been checked.) Signed Seal Date Base Load Diesel Generators, Switchgear & Auxiliaries System Page 23

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