AMERICAN SAMOA POWER AUTHORITY OFFICE OF PROCUREMENT INVITATION FOR BIDS ( IFB )

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1 AMERICAN SAMOA POWER AUTHORITY OFFICE OF PROCUREMENT INVITATION FOR BIDS ( IFB ) PURCHASE AND DELIVERY OF TRANSMISSION AND DISTRIBUTION ( T&D ) ANNUAL INVENTORY SUPPLIES ORDER March 23, 2012 IFB NO. FY WHSE-TD ANDRA SAMOA Chief Executive Officer Page 1 of 16

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3 BID INVITATION AMERICAN SAMOA POWER AUTHORITY: OFFICE OF PROCUREMENT P.O. BOX PPB PAGO PAGO, AS (684) IOANA S. ULI MANAGER, PROCUREMENT OFFICE DATED ISSUED: March 23, 2012 INVITATION FOR BIDS NO: IFB NO. FY WHSE-TD Purchase and Delivery of Transmission and Distribution (TD) Annual Inventory Supplies Order INSTRUCTIONS: 1. This INVITATION FOR BIDS shall require an original, one PDF electronic copy, and five (5) hard copies that must be received at the ASPA Procurement Office no later than 2:00 p.m. on May 7, The envelope or box must be labeled IFB NO. FY WHSE-TD Purchase and Delivery of Transmission and Distribution (TD) Annual Inventory Supplies Order. Late submittals will not be opened or considered and will be determined as nonresponsive. All BIDDERS shall provide sufficient written and verifiable information that responds to the requirements set forth in the Scope of Work. 3. Pre-Bid Questions Any pre-bid questions and/or clarifications shall be submitted to or the Procurement Manager in writing (through electronic mail or hard copy) prior to the closing date set forth above. Questions and/or clarifications are welcome and should be submitted no later than 4:00 p.m. local time on April 6, The ASPA shall issue addenda to address any questions and/or clarifications as necessary. NOTE TO BIDDERS: This Bid is subject to the attached General Terms and Conditions of the Invitation for Bids for the purchase and delivery of transmission and distribution annual inventory supplies order. 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 Bidder. In consideration to 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 within One Hundred Twenty (120) calendar days from the date opening to Supplies any or all of the items which prices are bid. SIGNED: DATE Page 3 of 16

4 AMERICAN SAMOA POWER AUTHORITY GENERAL TERMS AND CONDITIONS IFB NO. FY WHSE-TD 1. INTRODUCTION A. The American Samoa Power Authority (ASPA) issues an Invitation for Bids for the purchase and delivery of Transmission and Distribution (T&D) annual inventory supplies order. B. The bid must be of sufficient quality and content to allow the ASPA to evaluate the condition of the materials, the ability of the bidder to furnish materials as per specifications. The selected bidder must provide a bid that specifically and completely addresses the items outlines in the Scope of Work (SOW). 2. SCOPE OF WORK (Refer to Attachment B) 3. 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 Procurement Manager B. An original, one (1) PDF electronic copy and five (5) hard copies of the bid must be received in the Office of Procurement no later than 2:00 p.m. local time on or before May 7, C. Late submittals will not be opened or considered and will be determined as non-responsive. D. All bidders shall provide sufficient written and verifiable information that responds to the requirements of the IFB, and in accordance with the SOW. E. Bidders may submit bids through (3) means. 1. Electronic File Transfer Bidders may submit bids using the electronic mail facility. 2. Express Mail Bidders submitting bids through the Electronic File Transfer must still transmit the bids via Express Mail using DHL, FEDEX, or US Postal Service with a postal receipt stamp of April 30, 2012, American Samoa Time. If the bid is to be submitted via Express Mail, then, the Bid must be accompanied with a Receipt Stamp provided by the Express Mail provider dated no later than 2:00 p.m. on April 30, 2012 AND a copy of the Express Mail receipt stamp must be transmitted to the ASPA on the same day. 3. Hand Delivery Bidders may deliver the bid in person to the Procurement office at Tafuna Power Plant. Bids must be received by 2:00 p.m. on May 7, Page 4 of 16

5 4. A copy of the Excel Spreadsheet will be provided if requested. 4. BID FORM SUBMITTAL A. Signed BID INVITATION form from Page 3 of this document. B. The bidder will provide information as required on Attachment C, the Bidder Qualification Sheet Form. C. The bidder will provide a bid as outlined on Attachment D, the Cost Bid Form. D. All blank spaces in the bid form must be completed in ink. E. Bid shall be in United States dollars in both words and figures where required. No changes shall be made in the phraseology of the forms. F. 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. G. 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. H. 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 officers 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 the ASPA prior to opening of bids or submitted with the bid, otherwise the bid will be regarded as not properly authorized. 5. BID PREPARATION INSTRUCTIONS The bid must contain three (3) parts. Bidders shall prepare their bids in detail accordingly. A. Warranty Description Bidders must describe their approach in providing and addressing any warranties. B. Shipping and Lead Time Bidders must provide shipping from origin to destination which is the ASPA Tafuna Warehouse and an estimated delivery date. Bidder will be responsible for all the shipping and insurance costs. The ASPA will reimburse shipping costs to the Bidder upon receipt of the actual costs as specified on the final invoice. The ASPA reserves the right to solicit shipping bids separately if necessary. C. Price The Bidder s bid price for all materials, shipping, insurance, and taxes must be provided on the Cost Bid Form (Attachment D). Page 5 of 16

6 6. PRE-BID QUESTIONS A. Any pre-bid questions and/or clarifications shall be submitted in writing to or to through electronic mail or in hard copy to: Ms. Ioana Uli ASPA Procurement Manager P.O. Box PPB Pago Pago, AS B. All pre-bid questions must be received no later than 4:00 p.m. on March 18, Questions received afterwards, may be addressed at the ASPA s sole discretion. 7. ADDENDA A. The ASPA reserves the right to issue addenda for any changes to this IFB. B. Bidders shall send a signed form, confirming receipt of each addendum, to the ASPA. 8. ATTACHMENTS Attachment A is the Bid Transmittal Form Attachment B is the detailed Scope of Work Attachment C is the Bidders Qualification Sheet Attachment D is the Cost Bid summary Form Attachment E is the material bid lists by section. ([PDF Document) *Also available in Excel Format. 9. BASIS FOR SELECTION A. A source evaluation board ( SEB ) will evaluate all qualifying bids. 1. SEB members shall be chosen by the Chief Financial Officer ( CFO ) based on recommendations by the Procurement Manager. 2. Submission of a bid shall constitute a waiver of any challenge or dispute of SEB members, as well as the choice of methodology set forth on the SEB score sheets. 3. The award will be made by the ASPA in accordance with the evaluation criteria set forth herein and with the ASPA s Procurement Rules. Page 6 of 16 B. A determination shall be made by the SEB of those responsible bidders whose bids have the potential of being selected for award. The determination shall be included in the contract file. Discussions may be conducted by the SEB with those responsible bidders whose bids are determined to have a reasonable chance of being selected for award. These discussions shall only

7 be conducted for obtaining clarification from the bidder(s) on its bid to ensure full understanding of and responsiveness to the IFB requirements. 1. Discussions shall be conducted individually with each Bidder and care shall be exercised to ensure that no information derived from competing Bidder s bids is disclosed. 2. All bidders with whom discussions are conducted shall be accorded an opportunity to revise their bids in response to specific clarifications based on the discussions. 3. 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. C. The results of the evaluation will be documented, and a written recommendation by the SEB will be sent to the Procurement Manager. The Procurement Manager, upon receiving the SEB s written recommendation, shall forward the recommendation to the Division Manager for routing to the Board of Directors and the CEO, through the CFO for final approval. D. The ASPA reserves the right to make the award to the bidder(s) that submits the bid which meets the requirements set forth herein in the best interest of the ASPA after taking into consideration the aforementioned factors. The ASPA also reserves the right to select portions of a bid, or to reject any and all bids. 10. EVALUATION CRITERIA A. Bids will be evaluated and ranked by the SEB utilizing the following point system: i. Manufacturer experience with fabrication of T&D materials 0-10 ii. Warranty description/inclusiveness 0-10 iii. Shipping and Lead Time Delivery 0-20 iv. Bid Cost Price 0-60 v. Total 100 points (best possible score) 11. DELIVERY A. Provide date the items will arrive at CIF PAGO port destination. B. The winning Bidder shall complete the order and delivery within sixty (60) calendar days upon receipt of the ASPA s Purchase Order at the original bid price. C. In the event that the winning Bidder fails to complete the order and delivery within the term of the Contract, liquidated damages shall be paid to the ASPA at the rate of $200 per day until it has been completed to the satisfaction of the ASPA. D. Bidder must inform the Procurement Manager in writing no later than five (5) working days if there is a delay in meeting the delivery date. Page 7 of 16

8 E. The ASPA will reimburse shipping costs upon receipt of actual invoices. F. The ASPA also reserves the right to solicit shipping bids separately if necessary. 12. PAYMENT The payment terms are as follows. A. 25% of the total bid amount based upon issuance of the ASPA purchase order. To receive the initial payment, the successful Bidder must remit a proforma invoice to the ASPA. B. 25% of the total bid amount based upon receipt of bill of lading notifying the ASPA that complete order is at a West Coast Port and ready for shipment to Pago Pago. The successful Bidder must notify the Warehouse Manager, Mr. Penaia Fa ali i via at penaia@aspower.com or via telephone (684) C. 50% of the total bid amount based upon receipt of the complete order at the ASPA Tafuna Warehouse within 30 days and passing inspection. 13. QUALIFICATION OF BIDDER The ASPA may make such investigations as it deems necessary to determine a Bidder s legal ability to enter into the agreement, and the Bidder shall furnish to the ASPA such information and data for this purpose as the ASPA may request, or the Bidder may be deemed non-responsive. 14. AMERICAN SAMOA LICENCES, PERMITS, TAXES AND IMPORT DUTIES A. The successful Bidder shall be cognizant of and comply with all American Samoa Government (ASG) laws and ordinances pertaining to licenses, permits, tax structure and import duties. B. Additionally, the successful Bidder shall: i. Off-island Bidders (outside of American Samoa) shall be appropriately licensed in accordance with the state and/or country of the Bidder s origin and shall be skilled and regularly engaged in the general type and capacity of work called for under this IFB. ii. Local Bidders shall possess a current valid American Samoa Business License prior to the execution of the purchase order. iii. Taxes: When necessary, the successful Bidder must pay income taxes to the American Samoa Government based on the profit. iv. Import Duties and Excise Taxes: American Samoa is a protectorate of the United States and is located outside the jurisdiction of the U.S. Customs and U.S. Immigration Department. Bidders should consult tax office for full details and requirements. 15. INSPECTION Page 8 of 16

9 A. All supplies, materials, equipment, or services delivered under the Purchase Order shall be subjected to the inspection and/or test conducted by the ASPA at destination. If in any case the supplies, materials, equipment, or services are found to be defective in material, workmanship, performance, or otherwise do not conform to the specifications, then the ASPA shall have the right to reject the items or require that they be corrected at no additional cost to the ASPA. B. The number of days required for correction will be determined by the ASPA. 16. SELLER S INVOICES A. Invoices shall be prepared and submitted in quadruplicate (one copy shall be marked "original") unless otherwise specified. Invoices shall be "certified true and correct" and shall contain the following information: Purchase Order number (if any) item numbers, description of supplies or services, sizes, quantities, unit prices, shipping and handling insurance, extended total, and any other non product costs associated with this order. B. Bill of lading number and weight of shipment will be shown for shipments made on Government bills of lading. 17. JUSTIFICATION OF DELAY A. If the Bidder is not able to meet the specified pick-up and/or delivery date, it is required to notify the Procurement Manager of such delay. Notification shall be in writing and shall be received by the Procurement Manager at least five (5) days before the specified delivery date. Notification of delay shall include an explanation of the causes and reasons for the delay including statement(s) from supplier or shipping company causing the delay. B. In the event that the winning Bidder fails to complete the order and delivery within the term of the Contract, liquidated damages shall be paid to the ASPA at the rate of $200 per day until it has been completed to the satisfaction of the ASPA. C. The ASPA reserves the right to reject delay justification if, in the opinion of the Procurement Manager such justification is not adequate. 18. MULTIPLE BIDS COLLUSION A. 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 the 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 the ASPA. B. If the ASPA believes that collusion exists among any Bidders, none of the participants in such collusion shall be considered. C. Bids in which the contract prices are unbalanced or unrealistic may be rejected at the ASPA s sole discretion. Page 9 of 16

10 19. BIDDER S UNDERSTANDING Each Bidder shall inform itself of, and shall comply with, federal and territorial statutes and ordinances relative to providing the deliverables. 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. 20. WITHDRAWAL OF BID A. Any bid may be withdrawn prior to the scheduled time for the opening of bids by notifying the ASPA in a written request. B. No bid may be withdrawn after the time schedule for opening of bids. 21. REPRESENTATION REGARDING ETHICS IN PUBLIC PROCUREMENTS The Bidder represents that it has not knowingly influenced and promises that it will not knowingly influence an ASPA employee to breach any of the 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 the ASPA Procurement Rules. 22. ASSIGNMENT The successful Bidder shall not assign, transfer, convey, or otherwise dispose of the award, or its right, title or interest therein, or its power to execute the purchase, to any other persons, firms or corporations without the previous consent in writing of the ASPA. 23. 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. 24. 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. 25. IFB CONDITIONS A. This IFB does not commit the ASPA to award a contract or to pay any cost incurred in the preparation of a bid. B. The ASPA reserves the right to: Page 10 of 16

11 1. Reject any Bidder for being non-responsive to bid requirements contained in this IFB, 2. Reject all bids and reissue an amended IFB, 3. Request additional information from any Bidder submitting a bid, 4. Select a Bidder for award-based criteria other than least cost (e.g. capability to complete work in a timely fashion or evidence of good work experience), 5. Negotiate a contract with the Bidder selected for award, and/or 6. Waive any non-material violations of rules contained in this IFB. C. The ASPA reserves the right to issue any addenda to this IFB. D. Bidders shall send the ASPA a signed form confirming receipt of any addenda, and shall submit supporting/additional information as required by any addendum. E. In the event that a Bidder fails to acknowledge receipt of any such addendum in the space provided, his bid shall be considered irregular and will be accepted by the ASPA only if it is in the ASPA s best interest. 26. AWARD, CANCELLATION, AND REJECTION: A. 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. B. No other factors or criteria shall be used in the evaluation. C. The ASPA reserves the right to waive any minor irregularities in the bid received. D. 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. E. It is the policy of the ASPA to award contracts to qualified Bidders. The 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. F. In accordance with 33, the ASPA reserves the right to award by item, groups of items, sections or total bid, whichever is in the best interest of the ASPA. G. The ASPA may reject any bid, in whole or in part, or reject all bids if it determines that the lowest bid exceeds the funds available for purchase, or if the lowest bid is considered in excess of current reasonable market prices. Page 11 of 16

12 ATTACHMENT A BID TRANSMITTAL FORM Date: AMERICAN SAMOA POWER AUTHORITY American Samoa Government To Whom It Concerns: The undersigned (hereafter referred to as the Bidder), hereby proposes and agrees to furnish all the necessary information pertaining to IFB NO. FY WHSE-TD: Purchase and Delivery of Transmission and Distribution (T&D) Annual Inventory Supplies Order in accordance with the Scope of Work (Attachment B), General Terms and Conditions, and other procurement requirements specified in this document for the prices stated in the itemized bid 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 bid form attached hereto. The undersigned has read and understands the bid 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 Bidder has read the IFB Instructions and General Terms and Conditions attached to ascertain that all of the requirements of the bid are submitted in the bid envelope, with five copies, at the date and time for bid opening. Signed Seal Date Page 12 of 16

13 ATTACHMENT B SCOPE OF WORK I. GENERAL INFORMATION A. This scope of work (SOW) is to purchase and Supplies Transmission and Distribution of Overhead and Underground Utility materials as listed in Attachment D Exhibit 1 Sections 1 to 5 (Excel Spreadsheet). B. All materials submitted by bidders must comply with the same specifications of the Make, Model number, catalog number and description(s) provided in the Bid Cost sheet (Attachment D Exhibit 1 Sections 1 to 5). C. Bidders may offer equivalent compliant brands and products in which case the ASPA requires that cut specification sheets be provided to assist with the SEB evaluation process to determine the compatibility of material(s). D. Lead times must be provided for each line item bidders are offering from the time of receipt of an ASPA (PO) Purchase Order to the delivery at the port in Pago Pago American Samoa. E. Successful bidder s invoices must show Material costs separate from shipping, handling, insurance and other non material related costs. F. It is required that bidder have extensive knowledge and demonstrated experience in shipping and handling materials from the manufacturer to a West Coast Port, Pago Pago Port and to the ASPA s Tafuna Warehouse. All costs such as shipping, taxes, insurance, need to be considered and incorporated into the bid. All submitted bids are exclusive of the local ASG Excise tax. Page 13 of 16

14 ATTACHMENT C BIDDER S QUALIFICATION SHEET 1. Name of Organization: 2. Address: 3. Telephone: (Home Office) Business Telephone: Address: Fax Number: Tax Identification Number: 4. Contact Person: 5. Type of Business (please check one): Corporation Partnership Proprietorship Joint Venture Note: For Local Corporations Articles of Incorporation Certification must be on record with the Treasurer of American Samoa. Copies of partnership agreements and articles of incorporation must be submitted to the revenue branch with application form and relevant documents. Aliens cannot operate sole ownership enterprises and partnerships with aliens are subject to immigration board review. 6. Place of Organization or State of Incorporation: 7. Owner s Names and Addresses (if not a Corporation): Page 14 of 16

15 8. For Corporations: Names and Addresses of Directors, Officers, and Stockholders with 20% or greater interest in the company. 9. List individual States and Territories of the United States where company is registered as a foreign corporation. 10. List the names and addresses of at least three (3) references, one of which should be a bank or other lending institution, governmental agency, or bonding company. Page 15 of 16

16 ATTACHMENT D BID FORM Bid Summary by Section: SECTION DESCRIPTION VALUE 1 CABLE & WIRE 2 LINE HARDWARE 3 METERS 4 POLES 5 UNDERGROUND FITTINGS TOTAL BID Page 16 of 16