This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Far Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will NOT be issued. This notice incorporated provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-26, effective 12 June 2008, Defense Federal Acquisition Regulation Supplement (DFARS) DCN 20080812 and Defense Logistics Acquisition Directive (DLAD) current to Revision 5 and Proc Ltr 2008-46-50 and FARS Dev 2007-01. The complete text of any of the clauses and provisions are available electronically from the following site: http://www.farsite.hill.af.mil. This acquisition is UNRESTRICTED. The associated North American Industry Classification System (NAICS) code is 454312 and the associated size standard is 50 employees. This solicitation is issued as a Request for Quotation (RFQ), SP3100-09-T-0001. The Defense Distribution Center Red River, Texas (DDRT) has a requirement for a contractor to provide all labor, equipment, material, supervision and transportation required to provide and deliver propane gas for refilling two (2) each Government owned 500 gallon propane tanks located at Building 436 and Building 595 and three (3) 500 gallon contractor owned propane tanks located at Buildings 499, 552 and D Area of Lone Star. The contractor will top off all tanks twice a week. The estimated yearly usage is 40,000 gallons. The Period of Performance is 1 November 2008 through 31 October 2009. Pricing for the above is - $ ___________________per gallon. The following FAR, DFARS and DLAD clauses and provisions apply to this acquisition. The full text of these clauses and provisions may be viewed at http://www.farsite.hill.af.mil. FAR 52.212-1 Instructions to Offerors-Commercial Items applies to this acquisition. Addenda to 52.212-1: The following two paragraphs are hereby deleted from this provision: (H) multiple awards and (i) Availability of requirements documents cited in the solicitation. FAR 52.212-2 Evaluation-Commercial Items applies to this acquisition. The Government intends to award one contract as a result of this Request for Quotation. Award will be based on the proposal that provides the total lowest delivered price. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items. Offeror must submit a completed copy of FAR 52.212-3 with their proposal or indicate that the registration has been completed at the ORCA website, http://orca.bpn.gov. Failure to include this information with the price proposal may result in the proposal being eliminated from consideration for award. FAR 52-212-4 Contract Terms and Conditions-Commercial Items applies to this acquisition. Addenda to FAR 52.212-4: 52.232-18 Subject to Availability of Funds (Apr 1984) 52.247-34 FOB Destination (Nov 1991) 52.216-9M01 ECONOMIC PRICE ADJUSTMENT (LIQUID PROPANE GAS) (AUG 2004)(DDC) (a) WARRANTIES. The Contractor warrants that - (1) The unit prices set forth in the Schedule do not include allowances for any portion of the contigency 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 October 1, 2001. 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 show. (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(s) is (are) used: BPN's 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 or Executive Orders-Commercial Items apply to this acquisition. The following additional FAR clauses are applicable to this acquisition: 52.219-28 Post Award Small Business Program Representation 52.222-3 Convict Labor 52.222-19 Child Labor-Cooperation with Authorities and Remedies 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-35 Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era 52.222-36 Affirmative Action for Workers with Disabilities 52.222-37 Employment Reports on Disabled Veterans and Veterans of the Vietnam Era and Other Eligible Veterans 52.225-13 Restrictions on Certain Foreign Purchases 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration DFARS 252-212-7000 Offeror Representations and Certifications-Commercial Items applies to this acquisition DFARS 252-212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisition of Commercial Items DFARS 252-225-7036 Alt I, Buy American Act-Free Trade Agreements, Balance of Payments Program Price quotes and the certifications at FAR 52.212-3 must be submitted via one of the following methods by 3:00 PM EST, 29 September 2008: (1) email to:
[email protected] (2) fax to: 717-770-7591 (ATTN: Roberta Witmer), or (3) mail to: Defense Distribution Center, Acquisition Operations, DDC-AB, 2001 Mission Drive Building 404, New Cumberland, PA 17070-5000 NOTE: All contractors MUST be registered in the Central Contractor Registration (CCR) Database to receive an award. Information on registration may be obtained by calling 1-888-227-2423 or via the internet at www.bpn.gov.