AMERICAN SAMOA POWER AUTHORITY OFFICE OF PROCUREMENT REQUEST FOR QUOTES (RFQ) PURCHASE AND SALE OF ONE (1) FORKLIFT AUGUST 28, 2008

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AMERICAN SAMOA POWER AUTHORITY OFFICE OF PROCUREMENT REQUEST FOR QUOTES (RFQ) PURCHASE AND SALE OF ONE (1) FORKLIFT AUGUST 28, 2008 RFQ NO. 2008FSM-1019 MICHAEL J KEYSER Chief Executive Officer Page 1 of 17

QUOTE SUBMITTAL CHECKLIST 1 Dates: a. Pick up documents after AUGUST 28, 2008 b. Quotes due at procurement office no later than 2:00 PM, September 29, 2008. 2 Quote Submittal Requirements: a. Quote Transmittal Form (See Attachment A) b. Quote form completely filled out (See Attachment B) c. Offeror Qualification Data Sheet (See Attachment C) d. Name of partners (See Attachment C) e. For offerors claiming to be local offerors, business license, and article of incorporation / partnership. f. Equipment specifications (See Attachment D) g. An original and five (5) copies of the quote 3 Selected Offeror: a. Sign award letter within 7 days of receiving it. Page 3 of 17

NOTICE TO OFFERORS 1 Solicitation Sealed quotes are solicited for the for the American Samoa Power Authority ( ASPA ) in the village of Tafuna in the Territory of American Samoa. 2 Scope of Work a. General: i. The specifications set forth in Attachment D describe ASPA s minimum purchase requirements for this purchase and sale of one (1) forklift. ii. Warranty: Products must include separate written description of manufacturer s warranty with explicit instructions as to how warranty repairs/returns will be handled. Additional supplier/distributor warranties shall be accepted and considered in the awarding of points. The complete description of required deliverables is listed in Attachment D, which is incorporated herein as if fully set forth. 3 Receipt and Opening of Quotes Qualified offerors must submit a sealed envelope or labeled RFQ NO. 2008FSM-1019, attention Ioana Uli, and showing date and time of the quote opening. An original and five (5) copies of the quote must be received in the Procurement Office at Satala no later than 2:00 PM, American Samoa Time, on or before September 29, 2008. Quotes transmitted by electronic means, such as via the Internet, shall be accepted. It shall be the sole responsibility of the offeror to confirm receipt by ASPA. Quotes may be transmitted via Air Mail Delivery through Registered, Certified USPS Express Mail, or use of DHL or Fed Ex, but all must be postmarked no later than ten (10) days prior to the quote opening date. The only acceptable evidence of date of mailing is a U.S. Postal Service postmark or similar mark by DHL or FED Ex. Mail to: Email to: ASPA Satala Office Attn: Procurement Manager PO Box PPB Pago Pago, AS 96799; and/or ioana@aspower.com; Late quotes will not be opened or considered and will be considered as non-responsive. All offerors shall provide sufficient written and verifiable information that responds to the specifications of this RFQ, and in accordance with the scope of work, or shall be considered nonresponsive. 4 Pre-Quote Questions/Clarifications Any pre-quote questions and/or clarifications shall be submitted to cherim@aspower.com in writing (through electronic mail or hard copy) no later than 4:00 p.m. on September 12, 2008. ASPA shall issue addenda to address any questions and/or clarifications as necessary. 5 Qualification of Offerors Page 4 of 17

ASPA may make such investigations as it deems necessary to determine the ability of the offeror to perform the work, and the offeror shall furnish to ASPA such information and data for this purpose as ASPA may request, or the offeror may be deemed non-responsive. The offeror shall submit at least that information required by the section entitled Offeror s Qualification Data. 6 Multiple Quotes: Collusion If any one party submits more than one quote or a quote in the name of its clerk, partner or other person, all quotes submitted by said party may be rejected by ASPA. This shall not prevent an offeror from submitting alternate quotes when called for. A party who has proposed prices on materials is not thereby disqualified from quoting prices to other offerors or from submitting a quote directly to ASPA. If ASPA believes that collusion exists among any offerors, none of the participants in such collusion shall be considered. Quotes in which the contract prices are unbalanced or unrealistic may be rejected at ASPA s sole discretion. 7 Successful offeror s License Offerors from off-island shall be licensed in accordance with the provisions of its state and country and shall be skilled and regularly engaged in the general type and size of work called for under this RFQ. All local offerors shall have an American Samoa business license prior to execution of contract and/or issuance of a Purchase Order. 8 Offeror s Understanding Each offeror 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 wage rates, nondiscrimination in the employment of labor, 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. The offeror agrees to the requirements of Executive Order no. 11246, as amended, including specifically the provisions of the equal employment opportunity clause. 9 Quote Form Submittal All blank spaces in the quote form must be completed in ink. Quote shall be in United States dollars in both words and figures where required. No changes shall be made in the phraseology of the forms. 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 quote 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 Offerors. The offeror shall sign the quote in the space provided. If the offeror 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 offeror 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 in 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 quotes or submitted with the quote, otherwise the quote will be regarded as not properly authorized. 10 Preparation Instructions The quote must contain three (3) parts. Offerors shall prepare all quotes in detail as follows: Page 5 of 17

a. Shipping and Handling. Quotes shall include shipping and handling via CIF Pago Port. Quotes shall also include the handling time between and transporting proposed items. b. Quote Price. Offerors must set forth the quote price for each item as stated on the Quote Form, which is incorporated herein as if fully set forth. c. Warranty Description. Offerors must describe their approach in providing and addressing any warranties and service plans. 11 American Samoa Licences, Permits, Taxes and Import Duties The successful offeror 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 successful offeror shall: a. Business License: Successful local offerors shall have or obtain an ASG business license in order to perform the required contractual work. 12 Withdrawal of Quote Any quote may be withdrawn prior to the scheduled time for the opening of quotes by notifying ASPA in a written request. No quote may be withdrawn after the time schedule for opening of quotes. 13 Opening and Comparison of Quotes In accordance with ASPA Procurement Rule 3-110, quotes 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 Procurement Office in Satala or in another place designated by the ASPA Procurement Manager in writing. 14 Evaluation Criteria These criteria will be used by the SEB to evaluate quotes: 0-15 points Shipping and handling cost to the west coast and handler s experience 0-15 points Warranty description/inclusiveness 0-70 points Price 100 Points Total (best possible score) In accordance with Section 33, ASPA reserves the right to award by item, groups of items, sections or total quote, whichever is in the best interest of ASPA. ASPA may reject any quote, in whole or in part, or reject all quotes if it determines that the lowest quote exceeds the funds available for purchase, or if the lowest quote is considered in excess of current reasonable market prices. 15 Delivery a. Date the items will arrive at CIF PAGO port destination 16 Payment Page 6 of 17

Payment terms are net 60 days after receiving and passing inspection at the ASPA Tafuna Warehouse. ASPA will not pay any penalties or late fees. 17 Bill of Sale Successful offeror shall render Bill(s) of Sale for each item delivered under this solicitation. Failure to comply with this requirement will result in rejection of delivery. The Bill(s) of Sale must accompany the items delivered but will not be considered as an invoice for payment. Supplier shall bill the ASPA in accordance with billing instructions as indicated on the Purchase Order. 18 Manufacturer s Certificate Successful offeror is required, upon delivery of any item under this solicitation, to furnish a certificate from the manufacturer indicating that the goods meet the specifications. Failure to comply with this request will result in rejection of delivery. 19 Tied Quotes If one or more offerors quote the same unit price or total amount, whether in whole or in part, the Procurement Manager shall have the authority to award the quote to any one of the offerors based on scoring on other criteria, or by drawing lots in public, at ASPA s sole discretion. The Procurement Manager also has the authority to reject all such quotes. 20 Brand Names Any reference in the solicitation to a manufacturer's brand name or number is due solely to ASPA s lack of a satisfactory specification for the commodity s description. Such reference is intended to be descriptive, but not restrict, and is intended to be included for the sole purpose of indicating to prospective offerors a description of the article or services that will be satisfactory. Quotes on comparable items will be considered provided the offeror clearly states in its quote the exact item it is offering and how it differs from ASPA s specification and/or description. 21 Inspection All supplies, materials, equipment, or services delivered under the Purchase Order shall be subjected to the inspection and/or test conducted by 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 ASPA shall have the right to reject the items or require that they be corrected at no additional cost to ASPA. The number of days required for correction will be determined by ASPA. 22 Seller s Invoices 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. Bill of lading number and weight of shipment will be shown for shipments made on Government bills of lading. 23 Justification of Delay If the offeror 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 twenty-four (24) hours before the specified Page 7 of 17

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. ASPA reserves the right to reject delay justification if, in the opinion of the Procurement Manager such justification is not adequate. 24 Basis of Award A Source Evaluation Board ( SEB ) will evaluate quotes. The Chief Financial Officer ( CFO ), based on recommendations by the Procurement Manager, shall choose SEB members. Submission of a quote 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. The award will be made by ASPA in accordance with the evaluation criteria set forth herein and with ASPA s Procurement Rules. A determination shall be made by the SEB of those responsible offerors whose quotes 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 offerors whose quotes are determined to have a reasonable chance of being selected for award. These discussions shall only be conducted for obtaining clarification from the offeror on its quote to ensure full understanding of and responsiveness to the RFQ requirements. Discussions shall be conducted individually with each offeror and care shall be exercised to ensure that no information derived from competing quotes is disclosed. All offerors with whom discussions are conducted shall be accorded an opportunity to revise their quotes in response to specific quotes will be evaluated by a Source Evaluation Board (SEB). 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 to the division manager for routing through the CFO, to the Board of Directors and the CEO for final approval. ASPA reserves the right to make the award to the offeror that submits the quote, which meets the requirements set forth herein and is in the best interest of ASPA after taking into consideration the aforementioned factors. ASPA also reserves the right to select portions of a quote, or to reject any and all quotes. 25 Assignment The successful offeror 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 ASPA. 26 Offeror s Qualification Data It is the intention of ASPA to award a purchase order(s) only to the offeror who is able to furnish satisfactory evidence that it has the requisite experience and ability and that it has sufficient capital, facilities, and equipment to enable it to perform the work successfully shall submit as part of the total quote package. 27 Representation Regarding Ethics in Public Procurement The offeror 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 the ASPA Procurement Rules. 28 Representation Regarding Contingent Fees The offeror represents that it has not retained a person to solicit or secure an ASPA purchase order 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. Page 8 of 17

29 Compliance With Laws Offerors awarded purchase orders 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. 30 Change Orders Any change order issued relative to awards made under this solicitation will be subject to and in accordance with the provisions of the ASPA Procurement Rules. 31 Conditions This RFQ does not commit ASPA to award a purchase order or to pay any cost incurred in the preparation of a quote. ASPA reserves the right to: 1. Reject all quotes and reissue a new or amended RFQ; 2. Request additional information from any offeror submitting a quote; 3. Select an offeror based on criteria other than the lowest cost; 4. Negotiate any contract terms with the winning offeror; and/or 5. Waive any non-material violations of rules set up in this RFQ at its sole discretion. ASPA reserves the right to issue any addendums to this RFQ. Offerors shall send ASPA a signed form confirming receipt of any addendums, and shall submit supporting/additional information as required by any addendums. In the event that an offeror fails to acknowledge receipt of any such addendum in the space provided, its quote shall be considered irregular and will be accepted by ASPA only if it is in ASPA s best interest. In the event that addenda are not received until after the offeror has submitted its quote, a supplementary quote may be submitted revising the original.. Such supplementary quotes must be received by ASPA prior to the scheduled time for opening of quotes. 32 Award, Cancellation, and Rejection Award shall be made to the lowest responsible and responsive offeror per unit, whose quote is determined to be the most advantageous to the ASPA, taking into consideration the evaluation factors set forth in this solicitation. No other factors or criteria shall be used in the evaluation. The right is reserves as the interest of ASPA may require waiving any minor irregularity in quotes received. The Procurement Manager shall have the authority to award, cancel, or reject quotes received in whole or in part for any one or more items if she determines it is in the best public interest. The award issued to the lowest responsible and responsive offeror results in the issuance of a Purchase Order without further action by either party. In case of an error in the extension of prices, unit price will govern. It is the policy of ASPA to award purchase orders to qualified offerors. ASPA reserves the right to increase or decrease the quantity of the items for award and make additional awards for the same type items, the vendor aggress to such modifications; and additional awards based on the quote prices for a period of thirty (30) days after the original award. No award shall be made under this solicitation that shall require advances payment. Page 9 of 17

ATTACHMENT A Transmittal Form Date: AMERICAN SAMOA POWER AUTHORITY Gentlemen/Ladies: The undersigned (hereafter called an Offeror), a organized and/or Hereby proposes and agrees to furnish all the necessary information to RFQ NO. 2008FSM-1019 in accordance with the Scope of Work, equipment specifications, and other procurement requirements specified in this document for the prices stated in the itemized quote 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 quote form attached hereto. The undersigned has read and understands the quote requirements, and is familiar with and knowledgeable of the local conditions at the place where the work is to be performed. The undersigned has read the RFQ Instructions and equipment specifications attached hereto to ascertain that all of the requirements are submitted in the quote envelope in single at the date and time for quote opening. Signed Seal Date: Page 10 of 17

ATTACHMENT B Quote Form TO: American Samoa Power Authority, Attn: Procurement Manager ADDRESS: PO Box PPB, Pago Pago, American Samoa 96799 TITLE: RFQNO. 2008FSM-1019 Offeror: DATE:, 2008 Gentlemen/Ladies: The undersigned, (hereafter called an Offeror ) (Corporation, LLC, Sole Proprietorship, Partnership or Individual), hereby proposes and agrees to furnish all the necessary information to above quote in accordance with the Equipment specifications, and Scope of Work, and other procurement requirements specified in these documents for the prices stated in the itemized quote 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 quote form attached hereto. QUOTE. Please see Attachment D for equipment specifications. Offerors may quote on all or any of the requested items or group of items. The total quote price must include all shipping, handling, and stevedoring charges to a major west coast port city. Heavy Equipment Description Unit Price (USD) Shipping Quote to CIF Pago Port Total Price (USD) One (1) FORKLIFT Generation Division TOTAL [Signature Page Follows] Page 11 of 17

IN WITNESS THEREOF, the undersigned has caused this instrument to be executed by its duly authorized officers on this day of, 2008. OFFEROR: By: Date: Name: Title: Seal Page 12 of 17

ATTACHMENT C Offerors Qualification Sheet 1. Name of Organization: 2. Address: 3. Telephone: (Home Office) Business Telephone: Email Address: Fax Number: Tax Identification Number: 4. Contact Person: 5. Type of Business: Corporation Partnership Sole Proprietorship Joint Venture LLC Note: For local corporations Articles of Incorporation must be on record with the Treasurer of American Samoa. Copies of partnership agreements and articles of incorporation must be submitted to ASPA with quote form and relevant documents. Place of Organization or State of Incorporation: Owner s Names and Addresses (if not a Corporation): For Corporations: Names and Addresses of Directors, Officers, and Stockholders with 20% or greater interest in the company. Page 13 of 17

Individual States and Territories of the United States where company is registered as a foreign corporation. 7. List three major projects of a similar nature, which have been completed by the Offeror within the last three (3) years, the total dollar amount of each project and the owner/contract person as a reference. a. Name of Awarding Agency or Owner for which work was performed: Nature and Scope of Contract: Name, Address and Phone Number of Agency Contact Person: Total Dollar Value: Date Completed If not completed, why? Was the contract performed under joint venture, if so with whom and under what arrangement? Page 14 of 17

b. Name of Awarding Agency or Owner for which work was performed: Nature and Scope of Contract: Name, Address and Phone Number of Agency Contact Person: Total Dollar Value: Date Completed If not completed, why? Was the contract performed under joint venture, if so with whom and under what arrangement? c. Name of Awarding Agency or Owner for which work was performed: Nature and Scope of Contract: Name, Address and Phone Number of Agency Contact Person: Page 15 of 17

Total Dollar Value: Date Completed If not completed, why? Was the contract performed under joint venture, if so with whom and under what arrangement? 8. List the names and addresses of at least two (2) references, at least one of which should be a bank or other lending institution, governmental agency, or bonding company. Page 16 of 17

ATTACHMENT D Equipment Specifications 1. One (1) FORKLIFT Generation Division a. General: b. Other: i. Year: 2008 ii. Type: Fork Truck Counterbalanced iii. Engine: I.C. iv. Fuel: Diesel v. Class: IV vi. Transmission: Two Speed Power shift vii. Lift Capacity: 11,000 lbs minimum viii. Tires: Pneumatic ix. Lift Cylinders: Tilt, 6 minimum forward/back x. Mast: Three stage xi. Max Fork Height: 170 minimum xii. Fork Length: 60 i. Fold down non-suspension vinyl seat, with seat belt ii. Warning light device, cab mounted strobe iii. Back up alarm iv. Lights: stop, back up, tail lights v. Side shifting forks vi. Load back rest vii. Overhead guard viii. Rear view mirrors ix. Tilt steering *FORKLIFT must come with factory warranty. Page 17 of 17