This notice is a combined synopsis/solicitation for commercial items prepared inaccordance with the format in FAR Subpart 12.6, as supplemented with additionalinformation included in this notice. This announcement constitutes the onlysolicitation; offers are being requested and a written solicitation will not be issued.This notice is being issued as a Request for Proposal (RFP) OR Request for Quotations(RFQ)] for JET A FUEL WITH ADDITIVE PRIST, 8100 GALLON ONE DELIVER.The provisions and clauses in the RFQ are those in effect through FAC 2005-26.The NAICS Code and the small business size standard for this procurement are 324110, 1500respectively. The offeror shall state in their offer their size status for thisprocurement.All responsible sources may submit an offer which shall be considered by the agency.Delivery to NASA GLENN RESEARCH CENTER, 21000 BROOKPARK ROAD, CLEVELAND OHIO 44135-3191 (HANGAR) is required within 5 days ARO. Delivery shall be FOB Destination.Offers for the items(s) described above are due by SEPT 19, 2008 to DE VIANCOURT,CHEMICAL PURCHASING and must include, solicitation number, FOB destination to thisCenter, proposed delivery schedule, discount/payment terms, warranty duration (ifapplicable), taxpayer identification number (TIN), identification of any specialcommercial terms, and be signed by an authorized company representative. Offerors areencouraged to use the Standard Form 1449, Solicitation/Contract/Order for CommercialItems form found at URL:http://server-mpo.arc.nasa.gov/Services/NEFS/NEFSHome.tmlOfferors shall provide the information required by FAR 52.212-1 (JUNE 2008), Instructionsto Offerors-Commercial Items, which is incorporated by reference. Addenda to FAR52.212-1 are as follows:If the end product(s) offered is other than domestic end product(s) as defined in theclause entitled "Buy American Act -- Supplies," the offeror shall so state and shall listthe country of origin.FAR 52.212-4 (FEB 2007), Contract Terms and Conditions-Commercial Items is applicable.Addenda to FAR 52.212-4 are as follows: TERMS AND CONDITIONS OF ORDER SECTION A.1GENERAL-COMMERCIAL ITEMS The FAR may be obtained via the Internet at URL: http://www.acquisition.gov/far/index.html The NFS may be obtained via the Internet at URL: http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm FAR 52.212-5 (JUNE 2007), Contract Terms and Conditions Required To Implement Statutesor Executive Orders-Commercial Items is applicable and the following identified clausesare incorporated by reference; attached[x] Open Market Item: This order is for a commercial item subject to the terms andconditions of FAR 52.212-4, Contract Terms and Conditions -- Commercial Items,incorporated by reference; FAR 52.212-5, Contract Terms and Conditions Required toImplement Statutes and Executive Orders, attached to this order; and any additional termsand conditions included below as addenda to 52.212-4. This order incorporates the following FAR and NASA FAR Supplement (NFS) clauses byreference, with the same force and effect as if they were given in full text. Clausesincorporated by reference which require a fill-in by the Government, include the text ofthe affected paragraph(s) only. This does not limit the clause to the affectedparagraph(s). The Contractor is responsible for understanding and complying with theentire clause. The full text of a clause may be accessed electronically at this/theseaddress(es): FAR: http://www.acqnet.gov/far/ NFS: http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS 52.219-28 Post-Award Small Business Program Rerepresentation. (JUN 2007) (a)Definitions. As used in this clause - Long-term contract means a contract of more than five years in duration, includingoptions. However, the term does not include contracts that exceed five years in durationbecause the period of performance has been extended for a cumulative period not to exceedsix months under the clause at 52.217-8, Option to Extend Services, or other appropriateauthority. Small business concern means a concern, including its affiliates, that is independentlyowned and operated, not dominant in the field of operation in which it is bidding onGovernment contracts, and qualified as a small business under the criteria in 13 CFR part121 and the size standard in paragraph (c) of this clause. (b) If the Contractor represented that it was a small business concern prior to award ofthis contract, the Contractor shall rerepresent its size status according to paragraph(e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrenceof any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days aftermodification of the contract to include this clause, if the novation agreement wasexecuted prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation orwithin 30 days after modification of the contract to include this clause, if the mergeror acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts - (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the exercise date specified in the contract for anyoption thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standardin effect at the time of this rerepresentation that corresponds to the North AmericanIndustry Classification System (NAICS) code assigned to this contract. The small businesssize standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/ sizestandardstopics/. (d) The small business size standard for a Contractor providing a product which it doesnot manufacture itself, for a contract other than a construction or service contract, is500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make thererepresentation required by paragraph (b) of this clause by validating or updating allits representations in the Online Representations and Certifications Application and itsdata in the Central Contractor Registration, as necessary, to ensure they reflect currentstatus. The Contractor shall notify the contracting office by e-mail, or otherwise inwriting, that the data have been validated or updated, and provide the date of thevalidation or update. (f) If the Contractor represented that it was other than a small business concern priorto award of this contract, the Contractor may, but is not required to, take the actionsrequired by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in ORCA, or doesnot have a representation in ORCA for the NAICS code applicable to this contract, theContractor is required to complete the following rerepresentation and submit it to thecontracting office, along with the contract number and the date on which thererepresentation was completed: The Contractor represents that it ___ is, ___ is not a small business concern under NAICSCode _____ assigned to contract number _____. (Contractor to sign and date and insertauthorized signer's name and title). (End of clause) SUPPLEMENTAL INFORMATION - SIMPLIFIED ACQUISITIONS (4/1/2008) A. The following information is provided relative to this order: 1. The Government technical contact for this order is: The technical contact may bereached at: 2. This order is a rated order under DPAS (15 CFR 700). The Rating is DO-A7 if therequirement is for electronic and/or communications equipment. The Rating is DO-C9 forall other requirements. 3. If the Contractor proposes to change the items and/or process description(s) for therequired items or service, the Contractor must submit a written request to theContracting Officer and receive written approval before proceeding with the change. 4. The Government requires all vendors receiving awards to be registered in ORCA. The website for this registration is: https://orca.bpn.gov/ 5. Submit invoices to: NASA Shared Services Center (NSSC) Financial Management Division(FMD) Accounts Payable Bldg. 1111, C. Road Stennis Space Center, MS 39529 Email:
[email protected] Fax: 866-209-5415 6. Tax Identification Number (TIN) must be provided with the invoice for payment 7. FOR BILLING INFORMATION, CONTACT THE NSSC at 1-877-677-2123 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) -Alternate I (JUL 1995) ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS 1852.215-84 Ombudsman. (OCT 2003) (a) An ombudsman has been appointed to hear and facilitate the resolution of concernsfrom offerors, potential offerors, and contractors during the preaward and postawardphases of this acquisition. When requested, the ombudsman will maintain strictconfidentiality as to the source of the concern. The existence of the ombudsman is not todiminish the authority of the contracting officer, the Source Evaluation Board, or theselection official. Further, the ombudsman does not participate in the evaluation ofproposals, the source selection process, or the adjudication of formal contract disputes.Therefore, before consulting with an ombudsman, interested parties must first addresstheir concerns, issues, disagreements, and/or recommendations to the contracting officerfor resolution. (b) If resolution cannot be made by the contracting officer, interested parties maycontact the installation ombudsman, Dr. Sunil Dutta SDB/HBCU Program Manager and SmallBusiness Technical Advisor Phone: 216-433-8844 FAX: 216-433-2946 Email:
[email protected]. Concerns, issues, disagreements, and recommendations which cannotbe resolved at the installation may be referred to the NASA ombudsman, the Director ofthe Contract Management Division, at 202-358-0445, facsimile 202-358-3083,
[email protected]. Please do not contact the ombudsman to request copies of thesolicitation, verify offer due date, or clarify technical requirements. Such inquiriesshall be directed to the Contracting Officer or as specified elsewhere in this document. (End of clause) 1852.223-72 Safety and Health (Short Form). (APR 2002) (a) Safety is the freedom from those conditions that can cause death, injury,occupational illness; damage to or loss of equipment or property, or damage to theenvironment. NASA's safety priority is to protect: (1) the public, (2) astronauts andpilots, (3) the NASA workforce (including contractor employees working on NASAcontracts), and (4) high-value equipment and property. (b) The Contractor shall take all reasonable safety and occupational health measuresconsistent with standard industry practice in performing this contract. The Contractorshall comply with all Federal, State, and local laws applicable to safety andoccupational health and with the safety and occupational health standards,specifications, reporting requirements, and any other relevant requirements of thiscontract. (c) The Contractor shall take, or cause to be taken, any other safety, and occupationalhealth measures the Contracting Officer may reasonably direct. To the extent that theContractor may be entitled to an equitable adjustment for those measures under the termsand conditions of this contract, the equitable adjustment shall be determined pursuant tothe procedures of the Changes clause of this contract; provided, that no adjustment shallbe made under this Safety and Health clause for any change for which an equitableadjustment is expressly provided under any other clause of the contract. (d) The Contracting Officer may notify the Contractor in writing of any noncompliancewith this clause and specify corrective actions to be taken. In situations where theContracting Officer becomes aware of noncompliance that may pose a serious or imminentdanger to safety and health of the public, astronauts and pilots, the NASA workforce(including Contractor employees working on NASA contracts), or high value missioncritical equipment or property, the Contracting Officer shall notify the Contractororally, with written confirmation. The Contractor shall promptly take and report anynecessary corrective action. The Government may pursue appropriate remedies in the eventthe Contractor fails to promptly take the necessary corrective action. (e) The Contractor (or subcontractor or supplier) shall insert the substance of thisclause, including this paragraph (e) and any applicable Schedule provisions, withappropriate changes of designations of the parties, in subcontracts of every tier thatexceed the micro-purchase threshold. (End of clause) 1852.225-70 Export Licenses. (FEB 2000) (a) The Contractor shall comply with all U.S. export control laws and regulations,including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, inthe performance of this contract. In the absence of available licenseexemptions/exceptions, the Contractor shall be responsible for obtaining the appropriatelicenses or other approvals, if required, for exports of hardware, technical data, andsoftware, or for the provision of technical assistance. (b) The Contractor shall be responsible for obtaining export licenses, if required,before utilizing foreign persons in the performance of this contract, including instanceswhere the work is to be performed on-site at NASA Glenn Research Center 21000 BrookparkRd. Cleveland, Ohio 44135, where the foreign person will have access to export-controlledtechnical data or software. (c) The Contractor shall be responsible for all regulatory record keeping requirementsassociated with the use of licenses and license exemptions/exceptions. (d) The Contractor shall be responsible for ensuring that the provisions of this clauseapply to its subcontractors. (End of clause) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or ExecutiveOrders--Commercial Items. (FEB 2008) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR)clauses, which are incorporated in this contract by reference, to implement provisions oflaw or Executive orders applicable to acquisitions of commercial items: (1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77,108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that theContracting Officer has indicated as being incorporated in this contract by reference toimplement provisions of law or Executive orders applicable to acquisitions of commercialitems: Contracting Officer check as appropriate. 1-15 not applicableX (15) 52.219-28, Post Award Small Business Program Rerepresentation (JUNE 2007) (15U.S.C. 632(a)(2)). [X](16) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). [X](17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008)(E.O. 13126). [ ](18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). [X](19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). [X](20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). [X](21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C.793). [X](22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of theVietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). [ ](23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues orFees (DEC 2004) (E.O. 13201). X(24)(i) 52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to allcontracts). [ ] (ii) Alternate I (AUG 2007) of 52.222-50. 25-27 not applicableX(28) 52.225-1, Buy American Act - Supplies (JUN 2003) (41 U.S.C. 10a-10d). 29-36 not applicableX(37) 52.232-34, Payment by Electronic Funds Transfer - Other than Central ContractorRegistration (MAY 1999) (31 U.S.C. 3332). 38-40 not applicable(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable tocommercial services, that the Contracting Officer has indicated as being incorporated inthis contract by reference to implement provisions of law or Executive orders applicableto acquisitions of commercial items: (Contracting Officer check as appropriate.) [ ](1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.). [ ](2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). [ ](3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment(Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, etseq.). [ ](4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment(FEB 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [ ](5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts forMaintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41U.S.C. 351, et seq.). [ ](6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts forCertain Services--Requirements (NOV 2007) (41 U.S.C. 351, et seq.). [ ](7) 52.237-11, Accepting and Dispensing of $1 Coin (AUG 2007)(31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with theprovisions of this paragraph (d) if this contract was awarded using other than sealedbid, is in excess of the simplified acquisition threshold, and does not contain theclause at 52.215-2, Audit and Records - Negotiation. (1) The Comptroller General of the United States, or an authorized representative of theComptroller General, shall have access to and right to examine any of the Contractor'sdirectly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times therecords, materials, and other evidence for examination, audit, or reproduction, until 3years after final payment under this contract or for any shorter period specified in FARSubpart 4.7, Contractor Records Retention, of the other clauses of this contract. If thiscontract is completely or partially terminated, the records relating to the workterminated shall be made available for 3 years after any resulting final terminationsettlement. Records relating to appeals under the disputes clause or to litigation or thesettlement of claims arising under or relating to this contract shall be made availableuntil such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures andpractices, and other data, regardless of type and regardless of form. This does notrequire the Contractor to create or maintain any record that the Contractor does notmaintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and(d) of this clause, the Contractor is not required to flow down any FAR clause, otherthan those in paragraphs (i) through (vii) of this paragraph in a subcontract forcommercial items. Unless otherwise indicated below, the extent of the flow down shall beas required by the clause-- (i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and(3)), in all subcontracts that offer further subcontracting opportunities. If thesubcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000for construction of any public facility), the subcontractor must include 52.219-8 inlower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the VietnamEra, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C.793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees(DEC 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.). (vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)). Flowdown required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts forMaintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41U.S.C. 351, et seq.). (ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts forCertain Services--Requirements (NOV 2007) (41 U.S.C. 351, et seq.). (x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph(d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercialitems a minimal number of additional clauses necessary to satisfy its contractualobligations. (End of clause) All contractual and technical questions must be in writing (e-mail or fax) to DorothyViancourt not later than 09-16-08. ** Telephone questions will not be accepted.**Technical acceptability will be determined by review of information submitted by theofferor which must provide a description in sufficient detail to show that the productoffered meets the Government's requirement.Selection and award will be made to that offeror whose offer will be most advantageous tothe Government, with consideration given to the factors of proposed technical merit,price, and past performance. Other critical requirements: such as Delivery, Maintenance,etc] shall also be considered It is critical that offerors provide adequate detail toallow evaluation of their offer. (SEE FAR 52.212-1(b)).Offerors must include completed copies of the provision at 52.212-3 (JUNE 2008), OfferorRepresentations and Certifications - Commercial Items with their offer. These may beobtained via the internet at URL:http://prod.nais.nasa.gov/eps/Templates/Commercial_Greater_Than_25K.doc. Theserepresentations and certifications will be incorporated by reference in any resultantcontract.An ombudsman has been appointed -- See NASA Specific Note "B".SEE ABOVE TEXT AND CLAUSES FOR COMPLETE CLAUSE.Prospective offerors shall notify this office of their intent to submit an offer. It isthe offeror's responsibility to monitor the following Internet site for the release ofsolicitation amendments (if any):http://prod.nais.nasa.gov/cgi-bin/eps/bizops.cgi?gr=D&pin=22 . Potential offerors willbe responsible for downloading their own copy of this combination synopsis/solicitationand amendments (if any).Any referenced notes may be viewed at the following URLs linked below.