Propane Gas for DDWG

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Request for Quote (RFQ) and the solicitation number is SP3300-12-Q-0026. This acquisition is UNRESTRICTED. The associated North American Industry Classification System (NAICS) code is 454312 and the associated size standard is 50 employees. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-55 effective 03 JAN 2012, Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20111220 and Defense Logistics Acquisition Directive (DLAD) current to Revision 5 and Proc Ltr 2011-20. The complete text of any of the clauses and provisions are available electronically from the following site: http://www.farsite.hill.af.mil. DESCRIPTION OF ITEMS: The DLA Distribution Warner Robins, Georgia has a requirement for a contractor to provide all labor, equipment, material, supervision, and transportation required to provide and deliver propane gas for refilling 110 each, #3 Propane filled cylinders. The contractor is responsible for providing filled cylinders in exchange for the empty cylinders twice weekly at various locations. The contractor is responsible for keeping certification updated and maintaining the DOT cylinders fully fitted with gauges in accordance with all local and federal codes. The Government will use an estimated quantity of 3,000, #33 propane cylinders (33 lbs) per year. The contractor shall invoice monthly and will only be paid for the actual number of 33 lbs propane cylinders delivered. The locations of the propane cages at the DLA Distribution Warner Robins, GA are as follows: DLA DISTRIBUTION WARNER ROBINS, GEORGIA ROBINS AFB, GA 31098 BLDG 351 EASTSIDE BLDG 368 SOUTHSIDE BLDG 376 NORTHEAST CORNER (RECEIVING) BLDG 376 SOUTHEAST CORNER (SHIPPING) BLDG 380 WESTSIDE (OUTSIDE OF D STOREROOM) BLDG 385 SOUTHSIDE BLDG 641 NORTHWEST CORNER BLDG 660 SOUTHWEST CORNER The Period of Performance is 1 February 2012 through 31 January 2013. This will be a firm fixed price type contract with an economic price adjustment. LINE ITEM Pricing for the above is - tiny_mce_marker_______________ per Cylinder X 3,000 (ESTIMATED) Cylinder per Year tiny_mce_marker_______________ Total (Ceiling Price). SUBJECT TO BPN WEEKLY NEWSLETTER - OFFERORS SHALL SPECIFY THE PROPOSED INDEX FOR EPA ADJUSTMENT - _____________________ Adjustments using BPN will be done on the Gallon Bases with each Cylinder representing 33 Gallons. COMPANY NAME: _________________________________ CAGE CODE: _________________________________ POC NAME: _________________________________ POC PHONE: _________________________________ Delivery point is FOB DESTINATION to DLA DISTRIBUTION RED RIVER, TEXAS. TEXARKANA, TX 75507-5000 Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449. Appointment for Deliver will be coordinated upon award with GOVT POC. Contractors must be able to accept the Government Credit Card for payment. All questions and inquiries should be addressed via email to [email protected], Request for Quote Number SP3300-12-Q-0026. Pricing, item descriptive literature (for "equal" submissions) are required NLT 3:00 PM EDT ON JANUARY 25, 2012. This information should be submitted to above email address or faxed to 717-770-7591. Contractors must be capable of accepting payment by government credit card for this procurement. ALL SOURCES MUST BE REGISTERED IN THE CENTRAL CONTRACT REGISTRATION DATABASE, http://www.ccr.gov/, or an award cannot be processed. The following FAR, DFARS, and DLAD clauses and provisions apply to this acquisition. The full text version of these clauses and provisions may be viewed at http://farsite.hill.af.mil/. CONTRACT CLAUSES FAR 52.212-4 Contract Terms and Conditions-Commercial Items (JUN 2010), Addenda to 52.212-4; the following clauses apply: Far 52.212-4 Alternant 1 (OCT 2008), Fill in for (e) (1) (iii) (D) is "NONE". Fill in for (i) (1) (ii) (D) (1) is "NONE". Fill in for (i) (1) (ii) (D) (2) is "(0) Zero". FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009) FAR 52.247-34 F.O.B. DESTINATION (NOV 1991) DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006). FAR 52.252-2 CLAUSE INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far http://farsite.hill.af.mil (End of Clause) DLAD 52.228-9000 Insurance (NOV 2011): (a) The Contractor shall, at its own expense, provide and maintain during the entire period of any resulting contract, including any extensions granted by contract modification, at least the kinds and minimum amounts of insurance noted here: (1) Workers' Compensation and Employer's Liability - $150,000 (except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (2) General Liability- $500,000 per occurrence (3) Automobile Liability - Property damage $20,000 per occurrence, bodily injury $200,000 per person and $500,000 per occurrence. (b) When requested by the Contracting Officer, the Contractor shall provide a copy of all subcontractors' proofs of required insurance no later than five (5) days before each subcontractor commences work on the Government installation. (End of clause) ILLEGAL ITEMS NOT AUTHORIZED ON FEDERAL INSTALLATION Illegal drugs, guns or other contraband are not authorized on this Federal installation. It is the contractor's responsibility to ensure that its employees working on-site at this installation are U. S. citizens or legal aliens with no outstanding warrants. This installation is manned by a DoD Police Force who possesses apprehension authority, which includes holding suspects for local authorities. The local authorities can issue a citation that charges the individual with a specific offense and requires the individual to appear before a Federal Magistrate. This agency processes illegal aliens in accordance with INS instructions. (End of Clause) INSTRUCTION FOR PAYMENT BY GOVERNMENT PURCHASE CARD This contract/order will be paid by Government purchase card. Invoices for supply contracts shall be submitted at time goods are shipped. Invoices for service contracts shall be submitted in accordance with instructions provided in the contract/order. At a minimum, each invoice shall include the following information: - Contractor name, address, and CAGE code - Invoice date and invoice number - Contract number/order number - Contract Line Item Numbers (CLINs) - CLIN description, quantity, unit of measure, unit price and extended total prices - Additional information required by the Prompt Payment Act at FAR 52.232-25 Unless indicated elsewhere in this contract/order, invoices shall be faxed or emailed to the contract specialist identified on page 1 of this document in the block titled "Administered by". (End of Clause) SUBMISSION OF SERVICE/DELIVERY SLIPS Service verification slips must be delivered to the Technical POC/Contracting Officer's Representative (COR) following each on-site visit. Verification slips shall include the contract number, person's name who performed the service, date of time of performance, duration of service, and the tasks performed. All verification slips must be signed by an authorized person for whom the service was performed. Failure to comply will result in a delay in payment. (End of Clause) MARK CONTRACT NUMBER ON ALL CORRESPONDENCE Contractor must mark the contract or purchase order number on all paperwork and shipments. The order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense. (End of Clause) ECONOMIC PRICE ADJUSTMENT (LIQUID PROPANE GAS) (a) WARRANTIES. The Contractor warrants that - (1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and (2) The prices to be invoiced hereunder shall be computed in accordance with the provision of this clause. (b) DEFINITIONS. As used throughout this clause- (1) The term "base price" means- (i) The unit price offered for an item and included in the contract award schedule; or (ii) During any subsequent program year, either the effective contract price as of the start of the subsequent program year, or the price agreed upon as of the start of the subsequent program year. (2) The term "base market price" means the preselected market price for an item as published on October 1, 2001. In the event one or more applicable market prices are not (or were not) published on the date shown, then the term "base market price" means the preselected market price for an item as published on the date nearest in time prior to the date show. (3) The term "market price" means that published market price or combination of published prices preselected by the Government for price adjustment for individual items by product, market area, and publication as specified in (f) below. (4) The term "date of delivery" means the date product is received on a truck-by-truck basis. (5) The term "calendar week" means a consecutive seven-day period, beginning with whichever day of the week is specified in (c) below. (c) ADJUSTMENTS. The Contracting Officer shall issue a modification to the contract to reflect any price change pursuant to this clause. The contract price shall be modified at three month periods after the date of award. The contract price will not be modified during the three month period unless the market price increases or decreases by 10% or more of the current contract price. Delivery Orders will be issued monthly at the adjusted contract price. The unit price for individual delivery orders will not be adjusted. (1) DAY OF PUBLICATION. The market price in effect on the date of adjustment shall be that item's preselected market price that is published on the Monday of the calendar week in which the adjustment is made, or, in the event there is no publication in that week, it shall be the item's preselected market price as last previously published. (2) CALCULATIONS. The prices payable hereunder shall be determined by adding to the award price the same number of cents, or fraction thereof that the market price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price shall be carried to four decimal places, not rounded. (i) If averages are published within a given publication, then these averages will be used. (ii) If averages are not available within a given publication, manually calculated averages, will be used. (3) REVISION OF PUBLISHED MARKET PRICE. In the event-- (i) Any applicable market price is discontinued or its method of derivation is altered substantially; or (ii) The Contracting Officer determines that the market price indicator consistently and substantially failed to reflect market conditions--the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with the Disputes clause of the contract. (4) FAILURE TO DELIVER. Notwithstanding any other provisions of this clause, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor's failure to deliver according to the delivery schedule results from causes beyond the Contractor's control and without its fault or negligence, within the meaning of the clause Default of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule. (5) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 55 percent of the award price in any applicable program year (whether a single year or a multiyear program), except as provided hereafter. (i) If at any time the Contractor has reason to believe that within the near future a price adjustment under the provisions of this clause will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer. (ii) If an actual increase in the established catalog price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, until the Contracting Officer issues either a contract modification to raise the ceiling or written notification that the ceiling will not be raised. (d) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause. (e) FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause. (f) PUBLICATIONS: The following publication(s) is (are) used: BPN's Weekly Propane Newsletter This does not indicate a mandatory source of supply or area where bidders must obtain supplies. (End of clause) The Government is not soliciting for the "same old way" of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices. Therefore, your assistance is requested in reducing prices and improving our buying processes. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OF EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2012) IN PARAGRAPH (B) THE FOLLOWING CLAUSES APPLY: FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2010) FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011). FAR 52.219-28 POST AWARD SMALL BUSINESS PROGRAM REPRESENTATION (APR 2009). FAR 52.222-3 CONVICT LABOR (JUN 2003) FAR 52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JUL 2010) FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) FAR 52.222-26 EQUAL OPPORTUNITY (MAR 2007) FAR 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010) FAR 52.225-13 RESTRICTION ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR 52.232-36 PAYMENT BY THIRD PARTY (FEB 2010) FAR 52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (FEB 2006) DFARS 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS. (DEC 2011) THE FOLLOWING ADDITIONAL CLAUSES/PROVISIONS APPLY: DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS 252.225-7036 BUY AMERICAN ACT-FREE TRADE AGREEMENT-BALANCE OF PAYMENTS PROGRAM I (OCT 2011) DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (MAY 2002) DFARS 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000) Period of Performance and Line Items CLIN - 0001 Service to provide all labor, equipment, material, supervision, and transportation required to provide and deliver propane gas for refilling 110 each, #3 Propane filled cylinders. The contractor is responsible for providing filled cylinders in exchange for the empty cylinders twice weekly at various locations. The contractor is responsible for keeping certification updated and maintaining the DOT cylinders fully fitted with gauges in accordance with all local and federal codes. The Government will use an estimated quantity of 3,000, #33 propane cylinders (33 lbs) per year. The contractor shall invoice monthly and will only be paid for the actual number of 33 lbs propane cylinders delivered. The locations of the propane cages at the DLA Distribution Warner Robins, GA are as follows: DLA DISTRIBUTION WARNER ROBINS, GEORGIA ROBINS AFB, GA 31098 BLDG 351 EASTSIDE BLDG 368 SOUTHSIDE BLDG 376 NORTHEAST CORNER (RECEIVING) BLDG 376 SOUTHEAST CORNER (SHIPPING) BLDG 380 WESTSIDE (OUTSIDE OF D STOREROOM) BLDG 385 SOUTHSIDE BLDG 641 NORTHWEST CORNER BLDG 660 SOUTHWEST CORNER The Period of Performance is 1 February 2012 through 31 January 2013. This will be a firm fixed price type contract with an economic price adjustment. SOLISITATION PROVISIONS FAR 52.212-1 INSTRUCTIONS TO OFFERS-COMMERCIAL ITEMS. (JUN 2008) Addenda to 52.212-1; the following paragraphs are hereby deleted from this provision: (e) multiple offers, (h) multiple awards, and (i) Availability of requirements documents cited in the solicitation. DLAD 52.233-9000 AGENCY PROTESTS (SEP 1999) Companies protesting this procurement may file a protest 1) with the Contracting Officer, 2) with the General Accounting Office, or 3) pursuant to Executive Order No. 12979, with the Agency for a decision by the Activity's Chief of the Contracting Office. Protests filed with the agency should clearly state that they are an "Agency Level Protest under Executive Order No. 12979." (Note: DLA procedures for Agency Level Protests filed under Executive Order No. 12979 allow for a higher level decision on the initial protest than would occur with a protest to the Contracting Officer; this is not an appellate review of a Contracting Officer's decision on a protest previously filed with the Contracting Officer). Absent a clear indication of the intent to file an agency level protest, protests will be presumed to be protests to the Contracting Officer. (End of Provision) DLAD 52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (NOV 2011) (a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute. (b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1, or for the agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal counsel (see DLA Directive 5145.1). Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate. (c) If you wish to opt out of this clause, check here ( ). Alternate wording may be negotiated with the Contracting Officer. (End of Provision) 52.212-2 -- Evaluation -- Commercial Items (Jan 1999) - Quotes will be evaluated in accordance with FAR 13.106. Award will be made to the contractor whose quote represents the total overall lowest price. 252.212-7000 Offeror Representations and Certifications--Commercial Items. (Jun 2005) (a) Definitions. As used in this clause- (1) "Foreign person" means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415). (2) "United States" means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331. (3) "United States person" is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President. (b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it- (1) Does not comply with the Secondary Arab Boycott of Israel; and (2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking. (c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services). (1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (2) Representation. The Offeror represents that it- ___________Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ___________Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. (End of provision) OFFER SUBMISSION INSTRUCTIONS-Quotes must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award. 1. Quotations may be submitted in contractor format and shall include: (1) Company name, address, telephone number, e-mail address, and FAX number; (2) Solicitation number; (3) Price Quote (4) Contractor DUNS Number and Commercial and Government Entity (CAGE) Code, (5) Signed acknowledgements of amendments (applicable only if any amendments are issued against this solicitation) (6) Quotes submitted shall be clearly identified as source selection sensitive and therefore include a statement at the top or bottom of each page as follows: SOURCE SELECTION INFORMATION SEE FAR 2.101 AND 3.104 2. Price quotes must be submitted via one of the following methods by 3:00PM ET, January 25, 2012: Email to: [email protected] ; Fax to: 717-770-7591 Attn: Michael Minto or Mail to: Defense Distribution Center, DDC-AB, ATTN: Michael Minto, 2001 Mission Drive Building 404, New Cumberland, PA 17070. PLEASE NOTE: ALTHOUGH NOT REQUIRED, EMAIL IS THE PERFERRED METHOD FOR SUBMISSION OF QUOTES. NOTE: All contractors MUST be registered in the Central Contractor Registration (CCR) Database to receive an award. Information on registration may be obtained by calling 1-866-606-8220 or via the internet at www.bpn.gov. FAR 52.212-2 Evaluation - Commercial Items (Jan 1999). The Government intends to evaluate quotes in response to this quotation and will award one firm-fixed price contract to the responsible offeror whose quote represents the total overall lowest price for all CLINS. Therefore to be considered for award, a quote must be provided for all CLINS.