Rental of Gas Cylinders

Amendment 0001 to change clin structure, quantities, SOW and extend close date. 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. The solicitation is being issued as a Request for Quote (RFQ); solicitation number is H92244-15-T-0011, and a firm fixed price contract is contemplated. In this solicitation document, the incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-76 effective 25 August 2014. This procurement is unrestricted and the North American Industrial Classification Code (NAICS) 325120 applies with a business size standard of 1000 employees. The DPAS rating for this procurement is DO-C9. All responsible sources may submit a quote which shall be considered by the agency. The Naval Special Warfare Development Group (NSWDG) has a requirement to procure the following: (see spreadsheet for various cylinder types) CLIN 0001 Gas cylinder service contract to include: monthly rental of cylinders, cylinder refill, cylinder certification as stated in statement of work 1 GROUP CLIN 1001 Gas cylinder service contract to include: monthly rental of cylinders, cylinder refill, cylinder certification as stated in statement of work (option) 1 GROUP CLIN 2001 Gas cylinder service contract to include: monthly rental of cylinders, cylinder refill, cylinder certification as stated in statement of work (option) 1 GROUP CLIN 3001 Gas cylinder service contract to include: monthly rental of cylinders, cylinder refill, cylinder certification as stated in statement of work (option) 1 GROUP CLIN 4001 Gas cylinder service contract to include: monthly rental of cylinders, cylinder refill, cylinder certification as stated in statement of work (option) 1 GROUP Section B Schedule of Supplies and Services Quantities below are estimates and are for evaluation/pricing purposes only. Monthly rental of the following (vendor owned) : Unit of Issue Qty Oxygen 282 cu ft EA 10 Carbon Dioxide 50 lb. EA 10 Carbon Dioxide Syphon 50 lb. EA 10 Nitrogen 255 cu ft. EA 20 Nitrogen 310 cu ft. EA 10 Argon 336 cu ft. EA 20 Aviator Breathing Oxy 282 cu ft. EA 70 E-Med Oxygen USP 25 cf EA 10 Nitrogen, 6000 PSIG EA 10 Refill of vendor owned bottles and filling of government owned bottles Gases listed below (not all inclusive list) Refill qty's per month may vary, stating 1 each for pricing/evaluation purposes only. Oxygen 282 cu ft. EA 1 Carbon Dioxide 50 lb. EA 1 Carbon Dioxide Syphon 50 lb. EA 1 Nitrogen 255 cu ft. EA 1 Nitrogen 310 cu ft. EA 1 Argon 336 cu ft. EA 1 Aviator Breathing Oxy 282 cu ft. EA 1 E-Med Oxygen USP 25 cf EA 1 Nitrogen, 6000 PSIG EA 1 Acetylene #3 100 cu ft. EA 1 Argon Gas 141 Cu ft. Grade 4.5 EA 1 Helium EA 1 MISC. DELIVERY CHARGE FOR CYLINDERS EA 1 MONTHLY CYLINDER RENTAL HAZMAT CHARGE EA 1 CYLINDER PALLET RENTAL EA 1 Section C Statement of Work 1.0 Organization and location of project Naval Special Warfare Development Group 1636 Regulus Ave. Virginia Beach, VA 23461 2.0 Scope of Work: NSWDG is looking to rent various gas cylinders and refill cylincers under Clin 0001 The filling of: Vendor's bottles (leased monthly) If command requires a vendor "owned" bottle to be filled. The command will call vendor and request a quote. Authorized callers from the command will then call and place an order with the vendor authorizing the transaction. The vendor will bring the quoted quantity of vendor cylinders and do a one for one swap of filled cylinders for empty cylinders. Permission from the Contracting Officer or the Contract representative will be required for anything more than a one for one swap and the government will not be responsible for any cylinders delivered in excess without the Contracting Officer's approval. Government bottles If the command requires a government bottle to be filled. The command will call vendor and request a quote. Authorized callers from the command will then call and place an order with the vendor authorizing the transaction. The vendor will come and pick up the quantity requested on the quote. They shall fill those bottles and return them to the customer once filled. Under the terms of this contract, the contractor shall submit a price quote to the government based upon the agreed price listed in schedule B. Delivery or pick up shall occur no later than 24-72 hours after the vendor receives an order from an authorized caller. Vendor will invoice monthly for rentals and all refill transactions. All questions concerning any phase of these requirements, prior to submission of quotation, shall be presented to the Contracting Officer. FOB Point is Destination. Inspection is at Destination Acceptance is at Destination Period of Performance: FROM DATE OF AWARD FOR ONE YEAR. CLAUSES INCORPORATED BY REFERENCE: FAR 52.204-7 System for Award Management Jul 2013 FAR 52.204-13 System for Award Management Maintenance Jul 2013 FAR 52.209-6 Protecting the Governments Interest When Subcontracting With Contractors Debarred, Suspended or Proposed for Debarment Aug 2013 FAR 52.211-6 Brand Name or Equal Aug 1999 FAR 52.211-14 Notice of Priority Rating for National Defense Emergency Preparedness & Energy Program Use Apr 2008 FAR 52.211-15 Defense Priority and Allocation Requirements Apr 2008 FAR 52.212-1 Instructions to Offerors - Commercial Items Apr 2014 FAR 52.212-3 Offeror Representations and Certifications - Commercial Items May 2014 FAR 52.212-4 Contract Terms and Conditions-Commercial Items May 2014 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items Jan 2014 FAR 52.222-3 Convict Labor Jun 2003 FAR 52.222-19 Child Labor - Cooperation with Authorities and Remedies Jan 2014 FAR 52.222-21 Prohibition Of Segregated Facilities Feb 1999 FAR 52.222-26 Equal Opportunity Mar 2007 FAR 52.222-50 Combating Trafficking in Persons Feb 2009 FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Aug 2011 FAR 52.228-5 Insurance -- Work on a Government Installation Jan 1997 FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management Jul 2013 FAR 52.232-36 Payment by Third Party May 2014 FAR 52.233-1 Disputes May 2014 FAR 52.233-3 Protest After Award Aug 1996 FAR 52.233-4 Applicable Law For Breach Of Contract Claim Oct 2004 FAR 52.237-2 Protection of Government Buildings, Equipment and Vegetation Apr 1984 FAR 52.237-3 Continuity of Services Jan 1991 FAR 52.242-13 Bankruptcy Jul 1995 FAR 52.243-1 Changes - Fixed Price Aug 1987 FAR 52.243-1 Alt I Changes - Fixed Price Alt I (Apr 1984) Aug 1987 FAR 52.246-25 Limitation of Liability - Services Feb 1997 FAR 52.247-29 F.o.b. Origin Feb 2006 FAR 52.247-34 F.o.b. Destination Nov 1991 DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011 DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Sep 2013 DFARS 252.203-7005 Representation Relating to Compensation of Former DoD officials Nov 2011 DFARS 252.204-7003 Control of Government Personnel Work Product Apr 1992 DFARS 252.204-7004 Alt A System for Award Management Alternate A Feb 2014 DFARS 252.204-7012 Safeguarding of Unclassified Controlled Technical Information Nov 2013 DFARS 252.211-7003 Item Unique Identification and Valuation Dec 2013 DFARS 252.225-7000 Buy American -Balance of Payments Program Certificate Jan 2014 DFARS 252.225-7001 Buy American and Balance of Payments Program Dec 2012 DFARS 252.225-7002 Qualifying Country Sources as Subcontractors Dec 2012 DFARS 252.232-7010 Levies on Contract Payments Dec 2006 DFARS 252.243-7002 Requests for Equitable Adjustments Dec 2012 SOFARS 5652.204-9004 Foreign Persons Section K 2006 SOFARS 5652.237-9000 Contractor Personnel Changes Section I 1998 SOFARS 5652.252-9000 Notice of Incorporation of Section K Section I 1998 CLAUSES INCORPORATED BY FULL TEXT: Please note that due to the character limitations in FedBizOpps, full text of the Federal Acquisition Regulation (FAR) can be accessed on the Internet at http://www.farsite.hill.af.mil FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers in descending order of importance: Technical capability, delivery time frame, price and past performance. 1. Technical- Offeror shall provide documentation that demonstrates that it meets the requirements in this solicitation 2. Past Performance- Offerors shall provide name, title, and phone number of principal for no less than three prior or current contracts for similar services performed during the previous three years. To be technically acceptable, the submitting offeror must submit relevant and current past performance in ALL areas noted in this combined synopsis/solicitation. The Government will evaluate each offeror's experience on the basis of its depth and its relevance to the work that will be required under the prospective contract. 3. Price- All line items will be reviewed for price reasonableness. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. FAR 52.212-2 Evaluation - Commercial Items Jan 1999 FAR 52.212-3 Alt I Offeror Representations and Certifications Commercial Items (May 2014) - Alternate 1 May 2014 FAR 52.222-41 Service Contract Labor Standards May 2014 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires May 2014 FAR 52.222-99 (DEV) Establishing a Minimum Wage for Contractors (Deviation) Jun 2014 FAR 52.252-2 Clauses Incorporated By Reference Feb 1998 FAR 52.252-5 Authorized Deviations in Provisions Apr 1984 FAR 52.252-6 Authorized Deviations in Clauses Apr 1984 FAR 52.217-8 -- Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 12 months of the award date on contract. FAR 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 12 months of the award date on contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 12 months. DFAR 252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014) (a) Contract line item(s) 0001 through 4001 are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause. (b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s). (c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly. (e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes." (f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause. (g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause. (h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342. (j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule: On execution of contract $ _______ (month) (day), (year) $ _______ (month) (day), (year) $ _______ (month) (day), (year) $ _______ SOFARS 5652.201-9002 Authorized Changes Only By Contracting Officer (Jan 2005) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The address and telephone number of the Contracting Officer is Ana Downes, telephone (757) 862-9465. Offerors must scrutinize this solicitation and ensure their proposals and submissions comply with all requirements. It is not sufficient to merely state your proposal complies with the solicitation requirements. You must clearly identify how your proposal meets ALL of the solicitation requirements. All questions concerning this procurement, either technical or contractual must be submitted in writing to the Contracting Office. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent by email the following point of contact: Tina Ford, Contract Specialist; Email address: [email protected] Quotes must be received no later than 10:00 AM. Eastern Standard Time (EST) on October 17, 2014. Quotes received after this time frame shall not be considered for award. The Government will award the contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation and will be most advantageous to the Government based on best value. The prospective offeror must be registered with the System for Award Management Registration (SAM) website at http://www.sam.gov to be considered for award. The offeror agrees to hold the prices in its quote firm for 45 calendar days from the date specified for receipt of quotes. Quotes can be faxed, emailed or mailed in the United States postal mail to NSWDG, Attn: Tina Ford, 1636 Regulus Avenue, Virginia Beach, Virginia 23461-2299 Point of Contact for this solicitation is Tina Ford at [email protected] or phone (757) 862-9468 or fax to (757) 862-9478.