Loren Data's SAM Daily™

FBO DAILY ISSUE OF NOVEMBER 08, 2008 FBO #2539
SOLICITATION NOTICE

68 -- PROPANE CYLINDERS FOR FORKLIFTS

Notice Date

11/6/2008
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

454312 — Liquefied Petroleum Gas (Bottled Gas) Dealers
 

Contracting Office

Defense Logistics Agency, DLA Acquisition Locations, Defense Distribution Center, 2001 Mission Drive, DDC CSS-AB, Bldg 404, New Cumberland, Pennsylvania, 17070-5001, United States
 

ZIP Code

17070-5001
 

Solicitation Number

SP3100-09-Q-0014
 

Archive Date

1/9/2009
 

Point of Contact

Elizabeth Marcotte,, Phone: 717-770-6603
 

E-Mail Address

elizabeth.marcotte@dla.mil
 

Small Business Set-Aside

N/A
 

Description

The Defense Distribution Depot Warner-Robins, GA (DDWG) has a requirement for 33 pound propane cylinders to be used for material handling equipment (forklifts). This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of the Federal Acquisition Regulation (FAR) as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This is a Request for Quotation (RFQ) and the solicitation number is SP3100-09-Q-0014. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-27 effective 17 Oct 2008 and Defense Federal Acquisition Regulation Supplement (DFARS) DCN 20081020 edition and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR 2008-67. The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil. This acquisition is unrestricted. The associated North American Industry Classification System (NAICS) code is 454312 and the associated small business size standard is 50 employees. The requirement consists of the following: The contractor shall furnish all labor, equipment, material, supervision and transportation necessary to initially provide 110 each, 33 pound propane filled cylinders. The contractor is responsible for providing filled cylinders in exchange for the empty cylinders twice weekly at various DDWG building locations. The contractor is responsible for keeping certifications updated and maintaining the DOT cylinders fully fitted with gauges in accordance with all local and federal codes. The contractor shall comply with all security procedures required for installation access. The Government will use an estimated quantity of 2,310, #33 propane cylinders per year. The period of performance for the supply and delivery of 33 pound propane cylinders will be from date of award through one year and is estimated to be on or about December 1, 2008 through 30 November 2009. The quantity of 2,310 #33 propane cylinders is estimated only and represents the Government best known estimate. If the Government requirement does not result in the quantity described as estimated; such event shall not constitute the basis for an equitable price adjustment under the contract. Payment will be made only for the actual quantities provided to the Government at the price specified. CLIN 0001: 33 pound propane cylinders (estimated quantity 2,310) ESTIMATED QTY 2,310 EACH @ $__________ EACH = $____________ESTIMATED AMOUNT Delivery point is FOB DESTINATION to Defense Distribution Depot Warner-Robins, (DDWG) Robins AFB, GA 31098-1887. Payment for supplies under this order will be made by the Acquisition Operations Office via the Government Purchase Card (VISA). NOTE: Since all payments under this purchase order will be made via the Government Purchase Card, the Contractor must accept the VISA Credit Card for payment of all supplies ordered under this purchase order. The following FAR and DFARS clauses and provisions apply to this acquisition: FAR 52.212-1 Instructions to Offers-Commercial Items. Addenda to 52.212-1; the following paragraphs are hereby deleted from this provision: (d) products samples, (e) multiple offers and (h) multiple awards. NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the Central Contractor Registration (CCR) database IAW FAR 52.212-1(k) and DFARS 204.1104. Registration may be done online at: www.ccr.gov. Addenda to FAR 52.212-1 – Instructions to Offerors – Commercial Items The following provisions are included in full text: 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) (JUN 2001) (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) 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) Unit Price and extended prices for CLIN 0001; (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). 2. Contractors are required to include a copy of the FAR provision 52.212-3-Offeror Representations and Certifications-Commercial Items and DFAR 252.212-7000-Offeror Representation and Certification-Commercial Items with its proposal or may indicate completion of the representations and certifications on the internet at http://orca.bpn.gov. Failure to include the certifications along with the price proposal or to complete the certifications on the internet may result in elimination from consideration for award. FAR 13-106-2 Evaluation of Quotations or Offers - The Government intends to evaluate quotes in response to this quotation without discussions and will award one fixed price contract with economic price adjustment to the responsible offeror whose quote represents the total lowest delivered price for CLIN 0001; calculated by multiplying the estimated quantity by the unit price quoted. FAR 52.212-4 Contract Terms and Conditions–Commercial Items. Addenda to 52.212-4; the following clauses apply: FAR 52.247-34 FOB Destination DDC 52.216-9W23 ECONOMIC PRICE ADJUSTMENT (LIQUID PROPANE GAS) (AUG 2004) (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 date of award. 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 shown. (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 is used: BPN Weekly Propane Newsletter. This does not indicate a mandatory source of supply or area where bidders must obtain supplies. (End of clause) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes of Executive Orders–Commercial Items (in paragraph (b) the following clauses apply: FAR 52.219-28 Post Award Small Business Program Representation FAR 52.222-3 Convict Labor FAR 52.222-19 Child Labor–Cooperation with Authorities and Remedies FAR 52.222-21 Prohibition of Segregated Facilities FAR 52.222-26 Equal Opportunity FAR 52.222-36 Affirmative Action for Workers with Disabilities FAR 52.222-50 Combating Trafficking in Persons FAR 52.225-13 Restriction on Certain Foreign Purchases FAR 52.232-36 Payments by Third Party DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. The following additional clauses/provisions apply: DFARS 252.225-7036 Buy American Act–Free Trade Agreement–Balance of Payments Program ALT I DFARS 252.247-7023 Transportation of Supplies by Sea Offerors responding to this announcement shall submit their quotation via FAX to Elizabeth Marcotte, 717-770-7591 or e-mail to Elizabeth.Marcotte@dla.mil. All quotes must be received by NOVEMBER 21, 2008 AT 3:00 PM EST to be considered for award.
 

Web Link

FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=ecbe57b3051dd7d3a6c1c9f9beb7ec13&tab=core&_cview=1)
 

Place of Performance

Address: Defense Distribution Depot Warner Robins, 450 Fifth Street, Robins AFB, Georgia, 31098-1887, United States

Zip Code: 31098-1887
 

Record

SN01701847-W 20081108/081106215228-ecbe57b3051dd7d3a6c1c9f9beb7ec13 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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