SOLICITATION NOTICE
68 -- Liquid Helium - 52.212-3
- Notice Date
- 9/3/2009
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 325120
— Industrial Gas Manufacturing
- Contracting Office
- Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Western Acquisition Division-Boulder, 325 Broadway - MC3, Boulder, Colorado, 80305-3328, United States
- ZIP Code
- 80305-3328
- Solicitation Number
- RA1330-09-RQ-1254
- Archive Date
- 9/10/2009
- Point of Contact
- Gloria J. Gallegos, Phone: 3034973487
- E-Mail Address
-
gloria.gallegos@noaa.gov
(gloria.gallegos@noaa.gov)
- Small Business Set-Aside
- N/A
- Description
- Offeror Representations and Certifications-Commercial Items (I) This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in FAR Subpart 12.6 and 13.5, 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. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number RA1330-09-RQ-1254. (III) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-36. (IV) This solicitation is open to unrestricted competition. The associated NAICS code is 325120. The small business size standard is 1,000 employees. (V) The contractor shall provide liquid helium on an Indefinite delivery/Indefinite quantity (IDIQ) basis in contractor owned dewars. This is a combined solicitation/synopsis for purchase of the following commercial item: CLIN Qty Estimate Description 0001 NTE 75,000/ EA Base Period - Provide liquid helium. 1001 NTE 75,000/ EA Option Period I – Provide liquid helium. 2001 NTE 75,000/ EA Option Period II – Provide liquid helium. 3001 NTE 75,000/ EA Option Period III – Provide liquid helium. 4001 NTE 75,000/ EA Option Period IV - Provide liquid helium. (VI) Description of requirements is as follows: The contractor must be on the list of authorized Federal Helium Suppliers and have entered into a In Kind Crude Helium Sales (IKCHS) Contract with BLM Helium Operations. The contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to provide liquid helium. Liquid helium is to be supplied on an as-needed basis in contractor-provided dewars. Dewar size furnished by contractor will be 100 and 250 liter capacity. We estimate that 80% to 90% of our dewar requirements will be for 100-liter dewars due to space limitations in our labs. Each dewar received will be on site approximately 1 to 4 weeks until empty. Contractor will perform all required maintenance on the dewars. Dewars are to be in good, serviceable condition to minimize helium loss. We anticipate that orders will be placed with the contractor every Wednesday for delivery the following week. Deliveries must be made not later than Wednesday of the following week. A Monday or Tuesday delivery would be preferred, but Wednesday is acceptable. A regularly scheduled, delivery day will be established at the time of award. Deliveries to our site must be made in contractor owned vehicles and not by common carrier. Pickup and return of empty dewars will also be made on delivery day by the contractor. Contractor drivers must be experienced in safe handling of cryogenic dewars and have proper CDL drivers license with HAZMAT endorsement. The price charged per liter is to be all inclusive. All freight charges for both delivery of full dewars and return of empty dewars will be included in the liter price. Demurrage (dewar rental) will also be included in the contractor’s liter price. The contractor’s price for the liquid helium will also include the furnishing, at no additional cost, of all services which are required at each and every filling of a dewar to comply with applicable regulations, specifications, and normal good practices and standards of the Compress Gas Association. Such services shall include but are not limited to inspection, testing, evacuation, and cleaning services required at each and every filling. Dewar sizes indicate product capacity of the dewar. (VII) Place of Delivery is U.S. Dept. of Commerce, Bldg 22, Receiving Dock, 325 Broadway Boulder, CO. (VIII) FAR 52.212-1, Instructions to Offerors – Commercial Items (Jun 2008) applies to this acquisition. In addition to a written price quote, offers are instructed to provide certification as a Federal Helium Supplier. Contractors must be registered in the Central Contract Registration database (CCR): http://www.ccr.gov/. If any contractor is available on a Government Wide Acquisition Contract (GWAC) the contract number and the contracting agency information shall be provided with the offer. (IX) FAR 52.212-2, Evaluation – Commercial Items (Jan 1999), applies to this acquisition. Evaluation factors appear in the order of importance: Price, Technical Capability, and Past Performance. Evaluation of Technical Capability shall be based on (1) adequate size truck, in good working condition, and properly marked for handling hazardous materials, (2) properly licensed driver with CDL and HAZMAT endorsement to transport liquid helium, (3) proper knowledge and training in safely handling of dewars. Past Performance will be evaluated to determine the overall quality of the product and service provided and the contractor’s history of meeting delivery schedules for prior deliverables. Contractor shall provide a history of services and experience in successfully providing required service, and include no fewer than 3 references, including address, phone number, and point-of-contact, from users who are currently receiving liquid helium. The information submitted must be specific and address all of the evaluation points. Offers will be evaluated based on price and the factors set forth in paragraph (a) and award may be made without discussions to the offeror that provides the best value to the Government. (e) All evaluation factors, other than cost or price, when combined, are— Significantly less important than cost or price. (X) The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (Aug 2009), with its quote. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Aug 2009), applies to this acquisition. (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Aug 2009) applies to this acquisition. The following clauses under subparagraph (b) apply: (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: FAR 52.203-6 Restriction on Subcontractor Sales to the Government, with Alternate I (SEPT 2006) FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-19 Child Labor – Cooperation with Authorities and Remedies (AUG 2009) FAR 52.222-21 Prohibition of Segregated Facilities (FEB 1999) FAR 52-222-26 Equal Opportunity (MAR 2007) FAR 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) FAR 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) FAR 52.225-5 Trade Agreements (AUG 2009) FAR 52.225-13 Restriction on Certain Foreign Purchases (JUN 2008) FAR 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003) (XIII) The following clauses are also applicable to this acquisition: 52.208-8 Required Sources for Helium and Helium Usage Data. (APR 2002) (a) Definitions. “Bureau of Land Management,” as used in this clause, means the Department of the Interior, Bureau of Land Management, Amarillo Field Office, Helium Operations, located at 801 South Fillmore Street, Suite 500, Amarillo, TX 79101-3545. “Federal helium supplier” means a private helium vendor that has an in-kind crude helium sales contract with the Bureau of Land Management (BLM) and that is on the BLM Amarillo Field Office’s Authorized List of Federal Helium Suppliers available via the Internet at http://www.nm.blm.gov/www/amfo/amfo_home.html. “Major helium requirement” means an estimated refined helium requirement greater than 200,000 standard cubic feet (scf) (measured at 14.7 pounds per square inch absolute pressure and 70 degrees Fahrenheit temperature) of gaseous helium or 7510 liters of liquid helium delivered to a helium use location per year. (b) Requirements— (1) Contractors must purchase major helium requirements from Federal helium suppliers, to the extent that supplies are available. (2) The Contractor shall provide to the Contracting Officer the following data within 10 days after the Contractor or subcontractor receives a delivery of helium from a Federal helium supplier— (i) The name of the supplier; (ii) The amount of helium purchased; (iii) The delivery date(s); and (iv) The location where the helium was used. (c) Subcontracts. The Contractor shall insert this clause, including this paragraph (c), in any subcontract or order that involves a major helium requirement. (End of clause) 52.216-1 Type of Contract (APR 1984) The Government contemplates award of an Indefinite Delivery/Indefinite Quantity (ID/IQ) type contract with fixed unit rate delivery orders for liquid helium. It consists of a base period from October 1, 2009, to September 30, 2010, and four (4) 1-year options contract resulting from this solicitation. (End of provision) 52.216-2 Economic Price Adjustment—Standard Supplies (JAN 1997) (a) The Contractor warrants that the unit prices stated in the Schedule for line items 1 through 5 are not in excess of the Contractor’s 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 Contractor’s established price, and this contract shall be modified accordingly. (c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s 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 Contractor’s 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 Contractor’s 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 paragraph (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. (End of clause) 52.216-18 Ordering (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from October 1, 2009, through September 30, 2010. If the option periods are exercised, orders may be issued through the end date of the option period. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) 52.216-19 Order Limitations (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 100 liters, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor— (1) Any order for a single item in excess of a maximum weekly delivery of 4,000 liters; (2) Any order for a combination of items in excess of a maximum weekly delivery of 4,000 liters; or (3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-22 Indefinite Quantity (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.” (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after September 30, 2010, or any periods thereafter for options exercised by the Government. (End of clause) 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the end of the contract period. (End of clause) 52.217-9 Option to Extend the Term of the Contract (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of the end of the contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. (End of clause) (XIV) The Defense Priorities and Allocations System (DPAS) does not apply. (XV) The Government intends to award an Indefinite Delivery/Indefinite Quantity contract with firm unit prices resulting from this solicitation. (XVI) Quotes are required to be received in the contracting office no later than 1 P.M. MDT on September 9, 2009. An original and one copy of the proposal shall be submitted to Gloria Gallegos, Contract Specialist, National Oceanic and Atmospheric Administration, Western Acquisition Division, 325 Broadway, Mail Stop MC3, Boulder, CO 80305-3328, or email to Gloria.Gallegos@noaa.gov. (XVII) Any questions regarding this solicitation should be directed in writing via email to Gloria Gallegos at Gloria.Gallegos@noaa.gov.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/NOAA/MASC/RA1330-09-RQ-1254/listing.html)
- Place of Performance
- Address: 325 Broadway, Boulder, Colorado, 80305, United States
- Zip Code: 80305
- Zip Code: 80305
- Record
- SN01939721-W 20090905/090904001217-80ecc291911438972ff8cf576faa55a3 (fbodaily.com)
- Source
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