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; proposals are being requested and a written solicitation will not be issued. Solicitation Number W9124J-09-R-0016 is issued as a Request for Proposal. This is Amendment One, the solicitation document and incorporated provisions and clauses are those included through Federal Acquisition Circular 2005-32.The NAICS Code is 454312 Liquefied Petroleum Gas (Bottled Gas) Dealers, Small Business Size Standard, 500 employees. This requirement is a 100% Small Business Set-aside. Requirement is for propane delivery and filling 39 propane tanks at Camp Bullis Military Base, San Antonio Texas 78258. The contract line item and quantity is as follows: CLIN 0001: fill 39 propane tanks, approximately 73,000 gals, on an as needed basis, standard tanks range in size from 250, 500 and 1,000 gallons during the period of 26 June 2009 through 25 June 2010. Delivery orders will be issued prior to each delivery. CLIN 1001: (OPTION 1) fill 39 propane tanks, approximately 73,000 gals, on an as needed basis, standard tanks range in size from 250, 500 and 1,000 gallons during the period of 26 June 2010 through 25 June 2011. CLIN 2001: (Option 2) fill 39 propane tanks, approximately 73,000 gals, on an as needed basis, standard tanks range in size from 250, 500 and 1,000 gallons during the period of 26 June 2011 through 25 June 2012. CLIN 3001: (Option 3) fill 39 propane tanks, approximately 73,000 gals, on an as needed basis, standard tanks range in size from 250, 500 and 1,000 gallons during the period of 26 June 2012 through 25 June 2013 CLIN 4001: (Option 4) fill 39 propane tanks, approximately 73,000 gals, on an as needed basis, standard tanks range in size from 250, 500 and 1,000 gallons during the period of 26 June 2013 through 25 June 2014. Price proposals shall be based on price per gallon of propane delivered as this will be a Firm Fixed Priced contract. To protect the contractor and the Government against inflationary increases in Propane prices over which neither the Government nor the contractor has control a base price for Propane will be determined as a base bid price per gallon. The Government shall compensate the Contractor for any differences in excess of the Propane Base price in accordance with FAR 52.216-2 ECONOMIC PRICE ADJUSTMENT. The Not-to-Exceed amounts and unit prices will be reviewed annually for each option year in accordance with FAR 52.216-2; (a) The Contractor warrants that the unit price stated in the Schedule for CLIN 0001 and 1001 through 4001 is not in excess of the Contractors applicable established price in effect on the contract date for like quantities of the same item. The term unit price excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term established price means a price that (1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and (2) Is the net price after applying any standard trade discounts offered by the Contractor. (b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractors established price, and this contract shall be modified accordingly. (c) If the Contractors applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractors written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.(2) The increased contract unit price shall be effective (i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractors written request within 10 days thereafter; or(ii) If the written request is received later, on the date the Contracting Officer receives the request.(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price. (5) Within 30 days after receipt of the Contractors written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase. (d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause. Hazardous material data (Material Safety Data Sheets (MSDS) are required IAW 52.223-3. This requirement is Subject To Availability of Funds, IAW FAR Clause 52.232-19, Availability of Funds for the Next Fiscal Year, funds are not presently available for performance under this contract beyond 30 September 2009 with the requirement to begin 26 June 2009. For a complete performance work statement contact Gary Stevens at (210)221-4968 or email:
[email protected]. 52.212-1 Instructions to Offerors-Commercial, applies to this acquisition. The addendum to this provision notes paragraphs (d), (e), and (h) do not apply to this solicitation. Evaluation will be made on the basis of low price, with no less than satisfactory past performance. Past Performance: The government will evaluate the quality and extent of the offerors performance deemed relevant to the requirements of this RFP. The Government will use information submitted by the offeror and other sources such as other Federal Government offices and commercial sources to assess performance. Provide at least one and no more than three (3) relevant contracts, from different customers, performed for other Federal agencies or commercial agencies within the last three years. Relevant contracts include those with scope similar to the scope defined in this solicitation. Offeror shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer. Full text of all provisions and clauses can be obtained online at http://www.arnet.gov/far or submission of the Online Representations and Certifications Application (ORCA) at https://orca.bpn.gov . FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, and the additional referenced clauses which follow are applicable to this acquisition: 52.209-6; 52.217-9, 52.219-6, 52.222-3; 52.222-19; 52.222-21; 52.222-26; 52.222-35; 52.222-36; 52.222-37; 52.222-39;52-223-3, 52.225-13 and 52.232-33. DFARS 252.212-7001, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders Applicable To Defense Acquisitions Of Commercial Items, and the additional referenced clauses which follow are applicable to this acquisition: 252.225-7001; and 252.232-7003. Also applicable is 52.204-7, Central Contractor Registration and DFARS 252.204-7004 Alt A, Required Central Contractor Registration. 52.217-9 option to extend the term of the contract information for fill in blocks,(a) 30 days prior to expiration of current contract period; and 60 days before contract expires, (c) five years. Local provisions regarding payment and Alternate Dispute Resolution are applicable as shown below: DFAR 252.232-7010, Levies on Contract Payments. Quotes are due on or before 15 June, 2009 at 4:00 pm CST. Quotes and inquiries can be addressed to Gary Stevens at email address
[email protected] or phone: 210-221-4968. The contractor shall follow the procedures for electronic invoicing in accordance with Wide Area WorkFlow (WAWF) at https://wawf.eb.mil (POC is Electronic Business Operational Support Team 866-618-5988).