SOLICITATION NOTICE
91 -- B99 or B100 Biodiesel for Vessels for the NOAA’s Great Lakes Environmental Research Laboratory - Statement of Work
- Notice Date
- 8/24/2012
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 424710
— Petroleum Bulk Stations and Terminals
- Contracting Office
- Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division-KC, 601 East 12th Street, Room 1756, Kansas City, Missouri, 64106, United States
- ZIP Code
- 64106
- Solicitation Number
- WC-133R-12-RP-0159
- Archive Date
- 9/20/2012
- Point of Contact
- Joan Clarkston, Phone: 816-426-7469
- E-Mail Address
-
joan.e.clarkston@noaa.gov
(joan.e.clarkston@noaa.gov)
- Small Business Set-Aside
- N/A
- Description
- Statement of Work This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) 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 solicitation is issued as a request for proposals. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-60. This procurement is set-aside 100% for small business and the associated NAICS code is 424710 with a size Standard of 100 Employees. The government intends on establishing a new blanket purchase agreement(s) (BPA) for supply and delivery of B99 or B100 Biodiesel for NOAA's Research Vessels located at the Great Lakes Environmental Research Laboratory (GLERL). This agreement(s) will be for a period of up to five (5) years and shall not exceed $1,000,000.00. The resulting orders from this BPA(s) shall be firm-fixed priced. A Statement of Work is attached which lays out the specific technical requirements as well as the points of delivery. All items delivered under this contract shall be FOB Destination and the place of acceptance is Great Lakes Environmental Research Laboratory, Lake Michigan Field Station, 1431 Beach Street, Muskegon, MI 49441. The government shall evaluate offers received based on Lowest Price Technically Acceptable. THE GOVERNMENT RESERVES THE RIGHT TO AWARD MULTIPLE BLANKET PURCHASE AGREEMENTS FROM THIS SOLICITATION. When submitting an offer to the government, the offeror shall provide the following so the government can evaluate the proposals received: • Ensure you return all items specified in FAR 52.212-1(b)(1) through (10), • Certify in accordance with 3.2.2 of the attached SOW that at a minimum the fuel meets the ASTM standard D6751, 11B, "Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels." • Certify or provide documentation to support in accordance with 3.2.3 of the SOW that the producer and/or blender, supplying the bio-diesel, has met the requirements under 40 CFR Part 79 and 40 CFR 80 with the EPA. If a specific producer and/or blender has not been selected, what quality steps the firm shall take to ensure this occurs prior to the delivery of any fuel under this contract. • Provide documentation to support whether the offeror is a BQ-9000 accredited Marketer and/or Producer and utilizes a BQ-9000 accredited Laboratory (SOW 3.3). If not under this program, provide information regarding business processes the company has that will ensure that ASTM D6751 standards are met. If not BQ-9000 accredited, explain what processes are in place to ensure that a certificate of analysis is provided timely to the government (in accordance with 3.3.3 of the SOW). • Provide a list of the type of planned equipment to be used for delivery (e.g. number of trucks, availability of totes, etc.). Please advise what processes are in place to ensure equipment is safe for delivery and loading of fuel in vessels. • Certify that delivery can occur within 24 hours of receipt of order to both locations (see SOW 3.5.3). • Provide a list of up to three vendors that you provide B99 or B100 products to with their company name, address, POC information, and phone number. The government reserves the right to contact these individuals to confirm performance was acceptable. Offerors with no past performance shall not be evaluated unfavorably. Offerors that do not submit past performance information or an affirmative statement that they do not have a record of past performance may be considered to have failed to follow the proposal preparation instructions and be determined technically unacceptable. • Provide a price of 3,000 Gallons of B99 or B100 for Delivery to each location in the SOW as of August 20, 2012. • Copy of the Completed Representations and Certifications from FAR 52.212-3 and Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or Felony Conviction under any Federal Law (Class Deviation)(Mar 2012)[Provided Below]. The following clauses and provisions are incorporated into this solicitation: - FAR 52.212-1, Instructions to Offerors-Commercial (Feb 2012) - FAR 52.212-3, Offeror Representations and Certifications (Apr 2012) - FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Feb 2012) - FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial items (May 2012) with the following clauses included: (b)(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 2995) (b)(4) 52.204-10, Reporting Executive Compensation and First-tier Subcontract Awards (Feb 2012) (b)(6) 52.209-6, Protecting the Government's Interest when Subcontracting with Contractor's Debarred, Suspended, or Proposed for Debarment (Dec 2010) (b)(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (b)(8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (b)(12) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (b)(14) 52.219-8, Utilization of Small business Concerns (Jan 2011) (b)(17) 52.219-14, Limitations on Subcontracting (Dec 1996) (b)(23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (b)(27) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (Mar 2012) (b)(28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (b)(29) 52.222-26, Equal Opportunity (Mar 2007) (b)(30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (b)(31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (b)(32) 52.222-37, Employment Reports for Veterans (Sep 2010) (b)(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (b)(38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (b)(41) 52.225-5, Trade Agreements (May 2012) (b)(42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (b)(47) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (Oct 2003) (b)(48) 52.232-36, Payment by third Party (Feb 2010) - FAR 52.203-3, Gratuities (Apr 1984) - FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011 - FAR 52.211-16, Variation in Quantity (Apr 1984) Fill-in (b).5% Increase/Decrease. This increase and decrease shall apply to total gallons of fuel for Order. - FAR 52.211-17, Delivery of Excess Quantities (Apr 1989) - FAR 52.216-1, Type of Contract (Apr 1984) Fill in "Fixed-Price" - FAR 52.228-5, Insurance - Work on a Government Installation (Jan 1997) - FAR 52.233-3, Protest after Award (Aug 1996) - FAR 52.237-2, Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) - FAR 52.247-34, F.o.b - Designation (Nov 1991) - FAR 52.252-1, Solicitation Provisions Incorporated by Reference Fill-ins https://www.acquisition.gov/FAR/ and for the CAR http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=b1ed685b698b00d032f706f6224f1b91&tpl=/ecfrbrowse/Title48/48cfr1352_main_02.tpl - FAR 52.252-2, Clauses Incorporated by Reference (Feb 1988) Fill-ins Are the Same as 52.252-1 - CAR 1352.209-73, Compliance with the Laws (Apr 2010) - CAR 1352.201-70, Contracting Officer's Authority (Apr 2010) - CAR 1352.209-74, Organizational Conflict of Interest (Apr 2010) - CAR 1352.228-70, Insurance Coverage (Apr 2010) Fill in for (b)(2) $200,000.00. - CAR 1352.228-72, Deductibles under Required Insurance Coverage - Fixed Price (Apr 2010) - CAR 1352.246.70, Place of Acceptance (Apr 2010) - CAR 1352.270-70, Period of Performance (Apr 2010) Fill-ins (a) October 1, 2012 through September 30, 2017. (b) Option 1 through IV are N/A. - CAR 1352.201-71, Contracting Officer's Representative (Apr 2010) Fill-Ins (a) TBD, NOAA Great Lakes Environmental Research Laboratory, 4840 S. State Road, Ann Arbor, MI 48108, Phone Number: TBD, Email: TBD. - Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or Felony Conviction under any Federal Law (Class Deviation)(Mar 2012) (1) In accordance with Sections 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) none of the funds made available by that Act may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) The Offeror represents that, as of the date of this offer - (a) It is [_] is not [_] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) It is [_] is not [_] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreements with the authority responsible for collecting the tax liability. (End of provision) - CAR 1352.233-70, Agency Protests (APR 2010) (a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (b) Agency protests filed with the Contracting Officer shall be sent to the following address: Joan Clarkston, NOAA, EAD-KD 601 E. 12th St, Rm 1756 Kansas City, MO 64106 (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S. Department of Commerce Office of the General Counsel Chief Contract Law Division, Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue N.W. Washington, D.C. 20230 Fax: (202) 482-5858 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of Provision) - CAR 1352.233-71, GAO and Court of Federal Claims Protests (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of Provision) To access a copy of the above clauses and provisions, you can visit http://acquisition.gov/far/index.html. Under Current FAR, select either "HTML Format" or "PDF Format." You will need to go Part 52 to view the full text for these clauses and provisions.To view the Commerce's Supplement to the Federal Acquisition Regulations (CAR), visit http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=b1ed685b698b00d032f706f6224f1b91&tpl=/ecfrbrowse/Title48/48cfr1352_main_02.tpl. Any questions or requests for information pertaining to this request for quotes shall be submitted to Joan Clarkston. Offerors must submit their quotes no later than 12:00 PM (Central) on September 5, 2012 to Joan Clarkston via email or fax. Joan Clarkston's email address is joan.e.clarkston@noaa.gov and fax is (757) 664-3623. In order to be eligible for award, the offeror must be registered in the SAM.gov database and complete the "Core Data," "Assertions," "Representations and Certifications," and "Points of Contact." For more information on SAM.gov please view:http://www.acquisition.gov/SAM_Guides/Quick%20Guide%20for%20Contract%20Registrations%20v1.pdf
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