PIDC Fuel

Synopsis/Solicitation Port Isabel Detention Center (PIDC) Fuel The Department of Immigrations and Customs Enforcement (ICE) has a requirement to provide fuel and diesel at the Port Isabel Detention Center (PIC), Los Fresnos, TX. The delivery order shall be firm, fixed price and award shall be made to the offeror who presents the Lowest Price Technically Acceptable (LPTA).The period of performance shall be 30 days. Full delivery shall be made within 24 hours of when award electricity is restored to the delivery area. No backorders or partial shipments are allowed. This is a combined synopsis/solicitation for commercial items prepared in accordance with The Federal Acquisition Regulation Part 12, subpart 6-Streamlined Procedure for Evaluation and Solicitation for Commercial Items. Quotes are being requested as official Request for Quote (RFQ) under the Federal Acquisition Circular Fac 2005-38 (Effective 10 Dec 2009). Please submit one price proposal in accordance with the following instructions to offerors. INSTRUCTIONS Any no bids, questions or concerns must be e-mailed to Amy Wire at [email protected] no later than 09:00a.m. Thursday, July 1, 2010. The entire quote shall be emailed to Amy Wire at [email protected] by 14:30 EST Thursday, July 1, 2010. Mailed or hand delivered proposals will not be accepted. Any emails regarding this RFQ shall reference "HSCEDM-10-Q-00019" in the subject line. Late proposals will not be accepted. The Government will not be responsible for any costs accrued or incurred by the vendor in response to this solicitation/RFQ. In order to allow the Government to easily evaluate the offeror's response, all responses shall be in the same style and format and shall use the same numbering scheme as is described below. Proposals not following the format and style shall be considered non-compliant. Regarding the quote: Your quote must include your DUNS number. For each CLIN listed below, the contractor shall provide the price per gallon, the number of gallons, and the total price for that CLIN. After providing a price for all CLINs, the offeror shall clearly state the total price of the quote. CLIN0001 Unleaded gasoline, item M60-28 - 4400 Gallons CLIN002 Federal excise tax for diesel fuels (F.E.T) - 4400 Gallons CLIN0003 Diesel Fuel, low sulfur, item M60-08 7855 each CLIN4001 Federal excise tax for diesel fuels (F.E.T) 7855 each The Offeror is required to propose their best solution and submit a detailed price proposal. The technical and price Quotes shall be in separate attachments (once submitted). No information pertaining to price shall appear in the technical proposal. The technical volumes shall address offerors approach to meeting requirements. Your quote shall include the following: 1) Contractor Information - name, title, telephone number, fax number, and email address of the point of contact. b) Provide the nine-digit DUNS and the nine-digit TIN. DUNS is used to verify that the vendor is in Central Contractor Registration (CCR) and a small business for the NAICS specified. The Taxpayer Identification Number is necessary for electronic payment. By submitting a proposal, the Offeror acknowledges the Government requirement to be in the CCR database prior to award of any contract. Information about CCR may be found at www.ccr.gov. c) If you have not completed the annual representations and certifications electronically at http://orca.bpn.gov, please fill in the representations and certifications in the Solicitation. If you use ORCA, then do not fill out and sign those pages. Evaluation Factors for Award The Government intends to evaluate the proposal on the following factors conforming to the RFP, which will provided the best value to the Government, price and other factors considered. The following factors, in descending order of importance, shall be used to evaluate offers: (1) Technical Capabilities (2) Price Technical capability (Factor 1) is more important than Factors 2 (Price). The Government will evaluate offers for award purposes by adding the total price of all line items identified. Award will be made to the responsible Offeror whose proposal, conforming to the RFQ, is LPTA to the Government, price and other factors considered. There is a possibility that the Offeror with the highest technical score may not be selected for award. The Government will determine if any additional technical merit in a given offer warrants any additional cost. Also, the award may not be made to the technically acceptable, lowest cost offer. The Government will not be responsible for any costs accrued or incurred by the vendor in response to this solicitation. The following DHS Provisions are applicable and maybe accessed via: http://www.arnet.gov/far/, www.dhs.gov. Requests for copies of provisions and/or Clauses will not be accepted. CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE: 52.252-2 CLAUSES 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 address www.arnet.gov/far/ CLAUSE NUMBER CLAUSE TITLE DATE 52.202-1 Definitions (JULY 2004) 52.204-7 Central Contractor Registration (APR 2008) 52.212-4 Contract Terms And Conditions-- Commercial Items (MAR 2009) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (FEB 2010) 52.216-20 Definite Quantity (OCT 1995) 52.217-8 Option to Extend Services (NOV 1999) 52.217-9 Option to Extend the Term of the Contract (MAR 2000) 52.222-3 Convict Labor (JUNE 2003) 52.222-21 Prohibition Of Segregated Facilities (FEB1999) 52.222-26 Equal Opportunity (MAR 2007) 52.225-1 Buy American Act -Supplies (FEB 2009) 52.225-13 Restrictions On Certain Foreign Purchases (JUNE 2008) 52.232-1 Payments (APR 1984) 52.232-18 Availability of Funds (APR 1984) 52.232-25 Prompt Payment (OCT 2008) 52.232-33 Payment By Electronic Funds Transfer-Central Contractor Registration (OCT 2003) 52.233-4 Applicable Law For Breach Of Contract Claim (OCT 2004) 52.242-15 Stop-Work Order. (AUG 1989) 52.242-17 Government Delay of Work. (APR 1984) 52.243-1 Changes-Fixed-Price (AUG 1987) 52.247-34 F.O.B. Destination (NOV 1991) 52.249-2 Termination For Convenience Of The Government (Fixed-Price) (Short Form) (APR 1984) 52.252-2 Clauses Incorporate by Reference (FEB 1998) 3052.242-72 Contracting Officer's Technical Representative (DEC 2003) The following clause(s) are included in their entirety: 52.233-2 Service of Protest (Sept 2006) (a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from ______________________. [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.] (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) *3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting ‘more than 50 percent' for ‘at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) Warrants; (ii) Options; (iii) Contracts to acquire stock; (iv) Convertible debt instruments; (v) Others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: _it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; _it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or _it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision) 3052.209-72 Organizational Conflict Of Interest (Jun 2006) (a) Determination. The Government has determined that this effort may result in an actual or potential conflict of interest, or may provide one or more offerors with the potential to attain an unfair competitive advantage. The nature of the conflict of interest and the limitation on future contracting are illustrated by the following examples and restrictions. (1) The examples are not all inclusive, but will be used by the Contracting Officer to apply general guidance to individual contract situations: (a) Unequal access to information. Access to "nonpublic information" as part of the performance of a DHS contract could provide the contractor a competitive advantage in a later competition for another DHS contract. Such an advantage could easily be perceived as unfair by a competing vendor who is not given similar access to the relevant information. If the requirements of the DHS procurement anticipate the successful vendor may have access to nonpublic information, the successful vendor should be required to submit and negotiate an acceptable mitigation plan. Alternatively, the "nonpublic information" may be provided to all vendors. (b) Biased ground rules. A contractor in the course of performance of a DHS contract, has in some fashion established important "ground rules" for another DHS contract, where the same contractor may be a competitor. For example, a contractor may have drafted the statement of work, specifications, or evaluation criteria of a future DHS procurement. The primary concern of the DHS in this case is that a contractor so situated could slant key aspects of a procurement in its own favor, to the unfair disadvantage of competing vendors. If the requirements of the DHS procurement anticipate the contractor may have been in a position to establish important ground rules, including but not limited to those described herein, the contractor should be required to submit and negotiate an acceptable mitigation plan. (c) Impaired objectivity. A contractor in the course of performance of a DHS contract, is placed in a situation of providing assessment and evaluation findings over itself, or another business division, or subsidiary of the same corporation, or other entity with which it has a significant financial relationship. The concern in this case is that the contractor's ability to render impartial advice to the DHS could appear to be undermined by the contractor's financial or other business relationship to the entity whose work product is being assessed or evaluated. In these situations, a "walling off" of lines of communication may well be insufficient to remove the perception that the objectivity of the contractor has been tainted. If the requirements of the DHS procurement indicate that the successful vendor may be in a position to provide evaluations and assessments of itself or corporate siblings, or other entity with which it has a significant financial relationship, the affected contractor should provide a mitigation plan that includes recusal by the vendor from the affected contract work. Such recusal might include divestiture of the work to a third party vendor. (2) In order to prevent a future OCI resulting from potential bias, unfair competitive advantage, or impaired objectivity, the Contractor shall be subject to the following restrictions: (a) The Contractor shall be excluded from competition for, or award of any government contracts as to which, in the course of performance of this contract, the Contractor has received advance procurement information before such information has been made generally available to other persons or firms. (b) The Contractor shall be excluded from competition for, or award of any government contract for which the contractor actually assists in the development of specifications or statements of work. (c) The Contractor shall be excluded competition for or award of any government contract which calls for the evaluation of system requirements, system definitions, or other products developed by the Contractor under this contract. (d) The Contractor shall be excluded from competition for, or award of any government contract which calls for the construction or fabrication of any system, equipment, hardware, and/or software for which the Contractor participated in the development of requirements or definitions pursuant to this contract. (3) This clause shall not exclude the Contractor from performing work under any amendment or modification to this contract or from competing for award for any future contract for work that is the same or similar to work performed under this contract. (4) The term "contractor" as used in this clause, includes any person, firm or corporation which has a majority or controlling interest in the contractor or in any parent corporation thereof, any person, firm, or corporation in or as to which the contractor (or any parent or subsidiary corporation thereof) has a majority or controlling interest. The term also includes the corporate officers of the contractor, those of any corporation which has a majority or controlling interest in the contractor, and those of any corporation in which the contractor (or any parent or subsidiary corporation thereof) has a majority or controlling interest. (5) The agency may in its sole discretion, waive any provisions of this clause if deemed in the best interest of the Government. The exclusions contained in this clause shall apply for the duration of this contract and for three (3) years after completion and acceptance of all work performed hereunder. (6) If any provision of this clause excludes the Contractor from competition for, or award of any contract, the Contractor shall not be permitted to serve as a subcontractor, at any tier, on such contract. (b) If any such conflict of interest is found to exist, the Contracting Officer may (1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of the United States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded. After discussion with the offeror, the Contracting Officer may determine that the actual conflict cannot be avoided, neutralized, mitigated or otherwise resolved to the satisfaction of the Government, and the offeror may be found ineligible for award. (c) Disclosure: The offeror hereby represents, to the best of its knowledge that: _(1) It is not aware of any facts which create any actual or potential organizational conflicts of interest relating to the award of this contract, or _(2) It has included information in its proposal, providing all current information bearing on the existence of any actual or potential organizational conflicts of interest, and has included a mitigation plan in accordance with paragraph (d) of this provision. (d) Mitigation. If an offeror with a potential or actual conflict of interest or unfair competitive advantage believes the conflict can be avoided, neutralized, or mitigated, the offeror shall submit a mitigation plan to the Government for review. Award of a contract where an actual or potential conflict of interest exists shall not occur before Government approval of the mitigation plan. If a mitigation plan is approved, the restrictions of this provision do not apply to the extent defined in the mitigation plan. (e) Other Relevant Information: In addition to the mitigation plan, the Contracting Officer may require further relevant information from the offeror. The Contracting Officer will use all information submitted by the offeror, and any other relevant information known to DHS, to determine whether an award to the offeror may take place, and whether the mitigation plan adequately neutralizes or mitigates the conflict. (f) Corporation Change. The successful offeror shall inform the Contracting Officer within thirty (30) calendar days of the effective date of any corporate mergers, acquisitions, and/or divestures that may affect this provision. (g) Flow-down. The contractor shall insert the substance of this clause in each first tier subcontract that exceeds the simplified acquisition threshold. (End of provision)