Ultra Low Sulfur No, 2 Diesel

COMBINED SYNOPSIS/SOLICITATION Provide 40,000 Gallons of Fuel Dyed for Marine Diesel. (I) 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 and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number: NMAN7945-13-00676CE (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-¬¬64. (IV) This solicitation is being issued as a Total Small Business Set-Aside. The associated NAICS code is 454310 Size Standard 50 employees. (V) This combined solicitation/synopsis is for purchase of the following commercial items: CLIN 0001 - Qty: 40,000 Gallons of Ultra Low Sulfur Diesel, No. 2, Biodiesel 5 percent (B-5) Requested but not Requirement. Fuel must be dyed for Marine Diesel. (VI) Description and Specifications: Technical Specifications: 1) Delivery by barge is preferred but not a requirement. 2) A pump and hose is required to deliver the fuel to the ship. Delivery is to a ship so hoses will be located over the water. 3) If fuel is delivered by a truck on the pier to the ship, at least 50 feet of hose will be needed. The hose can be bolted into a 4 inch 8 bolt flange or to a 3 inch female cam-lock fitting. 4) If fuel is delivered by barge to the ship, at least 75 feet of hose will be needed. The hose can only be bolted into a 4 inch 8 bolt flange. 5) If fuel is delivered by barge to the ship, at least 75 feet of hose will be needed. The hose can only be bolted into a 4 inch 8 bolt flange. (VII) Delivery is to a ship so hoses will be located over the water. The time of pumping should begin around 0800 on March 27, 2013 (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (FEB 2012), applies to this acquisition. The offerer may submit quote on attached SF-18 or any form that has the company name and the following information: 1. Quantity 2. Unit of Issue 3. Unit Price 4. Total amount Inquiries: Offerors must submit all questions concerning this solicitation in writing to Clifford Edwards at [email protected] Questions should be received no later than 12:00pm MDT March 11, 2013¬¬¬¬¬¬¬¬¬. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation via FedBizOpps. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (IX) FAR 52.212-2, Evaluation - Commercial Items (Jan 1999), applies to this acquisition. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price. The following factor shall be used to evaluate offers: 1) Technical must meet or exceed all specifications. 2) Deliver Time. 3) Price. (X) The offeror must submit a completed copy of the provision at FAR 52.212-3, (DEC 2012), Offeror Representations and Certifications - Commercial Items with its quote. The offeror shall complete the annual representations and certifications electronically at; https://www.sam.gov/portal/public/SAM/ (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (FEB 2012) applies to this acquisition. (XII) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (JAN 2013) 2011) applies to this acquisition. The following clauses under subparagraph (b) apply: (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (23) 52.219-28, Post Award Small Business Program Representation (Apr 2012) (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (July 2010) (E.O. 13126). (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (38) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010) (E.O. 13513). (40) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (44) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). (XIII) The following clauses are also applicable to this acquisition: 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.214-34 Submission of Offers in the English Language (Apr 1991). 52.214-35 Submission of Offer in U.S. Currency (Apr 1991). 52.216-2 Economic Price Adjustment-Standard Supplies. (JAN 1997) 52.232-25 Prompt Payment. (OCT 2008) 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. FAR 52.204-99 (September 2012) (DEVIATION) System for Award Management Registration (September 2012) (DEVIATION) (A) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government. "Commercial and Government Entity (CAGE) code" means- (1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the SAM database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database; (2) The Contractor's CAGE code is in the SAM database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process. "System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- (1) Data collected from prospective federal awardees required for the conduct of business with the Government; (2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office. (b) (1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4. (3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM. I If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) A Contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The Contractor should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved. I Processing time, for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing. (f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name of its intention to- (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 1-866-606-8220 or 334-206-7828 for international calls. (End of Provision) PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION)(AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (End Provision) (XIV) Defense Priorities and Allocations System (DPAS) and assigned rating do not apply. (XV) Quotes are required to be received in the contracting office no later than 12:00 PM MST on March 18, 2013. All quotes must be faxed or emailed to the attention of Clifford Edwards. The fax number is (303) 497-6984, and the email address is [email protected] . (XVI) Any questions regarding this solicitation should be directed to Clifford Edwards the email address: [email protected] or fax (303) 497-6984.