SC No: xxxxxxxxxxxxxxx MEMORANDUM OF NEGOTIATIONS Repair & Upgrading Electrical Systems of District Office Buildings, (D 8/22, D 12/21 & D20) Kabul, Afghanistan (Subcontract No: xxxxxxxxxxxxxxxxxxxxxxxxxx) 1. Identification of the type of subcontract to be used: A Fixed Price Subcontract was selected, since the XXXXX project enables: A clear identification of the products that will be delivered by the subcontractor. The anticipated definition of estimated delivery dates. To fix payments upon the delivery and acceptance of products on previously-agreed dates. 2. Project purpose: Many Kabul public facilities are in disrepair. XXXXX is working with Kabul Municipality to make modest and cost-effective facilities upgrades to critical municipal offices. This project aims to make comprehensive improvements in the electrical systems of the following Buildings owned by the Municipality of Kabul: Headquarter offices of Districts 8/22, 12/21 & 20 The Subcontractor shall design and install a complete electrical system for this building based on the NEC08 standards, including, but not limited to: o Main fuse panels, o Lighting, o Electric outlets, o Connections to all HVAC and plumbing equipment (such as water heaters), o Grounding system, and o Surface mounted conduit for all electrical cable o New electrical wiring 3. Project summary: The goal of USAID’s (XXXXXX PROJECT) project is to provide technical assistance to the Kabul municipality to create effective, democratic, transparent, and accountable, municipal governance. XXXXXX PROJECT will: 1) Increase the capacity of city officials in Kabul through classroom and on the job training, 2) Improve the delivery of municipal services to Kabul citizens through rapid response projects and community engagement, and 3) Increase municipal capacity to generate revenues and to account for expenditures and revenues. As a result of XXXXXX PROJECT, Kabul citizens will receive better services, understand the responsibilities of their municipal leaders, participate in municipal decisionmaking process, and see local governance structures as legitimate. 4. Competitive process: XXXXXX project/XXXXXX PROJECT advertised the Request for Proposal No. XXXXXX project/XXXXXX PROJECT-002-085 entitled “Repair & Upgrading Electrical Systems of District Office Buildings. (D 8/22, D 12/21 & D20) Kabul, Afghanistan” on August 18, 2011 through the open competition in three websites. Acbar – www.acbar.org/rfp ARDS – www.ards.gov.af/tender and Page 1 of 7 SC No: xxxxxxxxxxxxxxx Afghan First - www.afghanfirst.org/tender And the following 6 firms responded: No Name of Firm E-mails 1 2 3 4 5 6 Golden Galaxy Construction Company- GGCC Afghan Light Construction Company – ALCC Global Construction & Road Rehabilitation Co. – GCRC Green Place Construction & Engineering Co. (GPCEC) Abu Raihan Construction Company – ARCC Peshgam Construction Company – PCC [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Responsiveness Determination: Before conducting the evaluation, the subcontracting team conducted the “Responsive Determination”. One firm was considered “non-responsive” by the Contracts Specialist and approved by the Deputy Chief of Party as its proposal clearly failed to provide specific documents required and was also considered “materially non-responsive” because they omitted information that could have had potentially affected the outcome of the evaluation as it pertained to its proposal. The firm was: GCRC associated sheet is in the subcontract File. The remaining 5 companies were considered responsive. Technical Evaluation Summary: The evaluation committee was comprised of three individuals; two from AUCC, one from the Kabul Municipality and an individual from XXXXXX PROJECT Subcontracts Department to oversee the technical evaluation process and provide assistance as needed. The individuals in attendance are identified below: Evaluators: XXXXXXXXXX - AUCC XXXXXXXXXXX – AUCC XXXXXXXXXX – Kabul Municipality Observers: XXXXXXXXXXXXX - Contracts Specialist The RFP stated the “Offerors must have at least 30 points out of 55 points to be considered technically qualified” all responsive firms were evaluated technically in accordance with the evaluation criteria listed below: Technical Evaluation Score To receive full credit, Bidders must have satisfactorily completed a minimum of 2 projects of 10 comparable value or scope of work within the past 24 months. List references. To receive full credit, Bidders must have satisfactorily completed a minimum of 2 technically 10 related Projects within the past 12 months. List References. To receive full credit, Bidders must provide evidence that they have successfully met 10 technical requirements on 2 projects within the past 12 months. To receive full credit Bidders must provide evidence that they have, or have access to, the 5 equipment required to perform the project. Bidders must submit CV’s or other documentation stating the relevant educational and on the job qualifications of the person who will be assigned to this project as the responsible 15 engineer or supervisor. Bidders must submit a project schedule identifying their plan to complete the required work. 5 Total Technical Scores 55 Page 2 of 7 SC No: xxxxxxxxxxxxxxx Results of the evaluation are summarized below with the individual and composite evaluation sheets in the subcontract File. Ranking Bidder's Name 1 2 3 4 5 XXXXXXXXXXXX YYYYYYYYYYYYYY XXXXXXXXXXXX AAAAAAAAAAAAAA BBBBBBBBBBBBBB Average Technical Obtained Scores 46.00/55 38.33/55 37.33/55 37.00/55 31.67/55 All five proposals evaluated received the minimum required points to move forward into the financial evaluation phase. Financial Review: Per the RFP an award for this project would be made to the lowest priced, technically qualified supplier. The five responsive offers are listed below: Ranking Offeror's Name Price (US) 1 2 3 4 5 XXXXXXXXXXXX YYYYYYYYYYYYYY XXXXXXXXXXXX AAAAAAAAAAAAAA BBBBBBBBBBBBBB $109,328.88 $116,373.00 $123,544.70 $131,113.00 $131,357.50 Financial and Technical Summary Score: The Subcontract team reviewed the financial proposals as no price ratings were assigned and the intent was to make award to the lowest price, technically qualified Offeror. The summary results are provided below: Ranking 1 2 3 4 5 Offeror's Name Golden Galaxy Construction CompanyGGCC Afghan Light Construction Company – ALCC Peshgam Construction Company – PCC Green Place Construction & Engineering Co. (GPCEC) Abu Raihan Construction Company – ARCC Internal Estimate (US) Price (US) Technical Score $109,328.88 37.00/55 $116,373.00 31.67/55 $110,203.40 $123,544.70 37.33/55 $131,113.00 46.00/55 $131,357.50 38.33/55 Of the five firms considered technically qualified to perform the required work, Golden Galaxy Construction Company- GGCC offered the lowest price, and consistent with RFP Award Criteria, is the company recommended for award. Page 3 of 7 SC No: xxxxxxxxxxxxxxx Negotiations: Considering the fact that adequate price competition exists in accordance with the FAR 15.403-1, it was not necessary to conduct further negotiations with them. 5. Determination of fair and reasonable price: The price proposed by Golden Galaxy Construction Company- GGCC, $109,328.88 is determined to be fair and reasonable based on the competitive nature of the RFP in conjunction with FAR 15.403-1(c)(1)(i)(A-B). Adequate price competition existed in accordance with the above FAR reference as five responsible Offerors completed independently submitting priced proposals that satisfied the expressed requirement. 6. Responsibility Determination. Based on the technical, financial and past performance evaluations, Golden Galaxy Construction Company- GGCC was considered responsible in the terms of FAR 9.104-1. The required certifications are found in Attachment A, of the Subcontract. The legal instrument can only be signed by TT-ARD Representative after the subcontractor signs the Subcontract and the certifications. The AISA certification is valid. GGCC is not included in the List of Parties Excluded from Federal Procurement and Non procurement Programs (EPLS), in the SDN list, or in the UN list, 1267. Copies of the search results are attached. 7. Approval from USAID. USAID/COTR approved the SOW on August 29, 2011. CO’s approval is not required, since the subcontract is less than 150k. Certification: The undersigned certify that the selection was undertaken using established XXXXXX project/XXXXXX PROJECT selection. ____________________ ____________________ Carlos Arciniegas Jon Bormet Contracts Specialist XXXXXX PROJECT Team Leader XXXXXX project/XXXXXX PROJECT XXXXXX project/XXXXXX PROJECT Date: September 25, 2011. Page 4 of 7 SC No: xxxxxxxxxxxxxxx AISA CERTIFICATE https://www.epls.gov/epls/search.do?multiName=true http://www.treas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf Page 5 of 7 SC No: xxxxxxxxxxxxxxx http://www.un.org/sc/committees/1267/pdf/consolidatedlist.pdf Page 6 of 7 SC No: xxxxxxxxxxxxxxx Page 7 of 7
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