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FBO DAILY ISSUE OF JUNE 30, 2012 FBO #3871
SOLICITATION NOTICE

68 -- Specialty Gasses for US Army Yuma Proving Ground, AZ

Notice Date
6/28/2012
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
325120 — Industrial Gas Manufacturing
 
Contracting Office
MICC Center - Yuma Proving Ground, KO Directorate of Contracting, 301 C Street BLDG 2100 RM 8, Yuma, AZ 85365-9498
 
ZIP Code
85365-9498
 
Solicitation Number
W9124R12T1022
 
Response Due
7/11/2012
 
Archive Date
9/9/2012
 
Point of Contact
Laura StJohn, 928-328-6124
 
E-Mail Address
MICC Center - Yuma Proving Ground
(laura.y.stjohn.civ@mail.mil)
 
Small Business Set-Aside
Total Small Business
 
Description
This is a Combined Synopsis/Solicitation (CSS) for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular Fac 2005-58, Effective 18 May 2012 and Defense Federal Regulation Supplement (DFARs), current to DPN 20120615 (Effective 15 Jun 2012) Edition. It is the responsibility of the contractor to be familiar with the applicable provisions and clauses which can be accessed in full text at www.farsite.hill.af.mil. This solicitation is issued as a Request for Quotations (RFQ) under Solicitation Number W9124R-12-T-1022. The North American Industry Classification System (NAICS) code is 325120 with a size standard of 1,000 employees. This action is being solicited as 100% Small Business Set Aside. Quotes are being solicited on a Lowest Price Technically Acceptable (LPTA) basis. No partial quotes will be accepted. Offers must provide documentation as to purity and composition of the gases for evaluation. The points of contact for this acquisition are Mr. Erik Nelson at erik.s.nelson2.civ@mail.mil or Mrs. LaTasha Isaac at Latasha.a.isaac.civ@mail.mil. Quotes are due by 4:00 PM, MST on 11 July 2012 and shall be emailed to both addresses. The Combined Synopsis/Solicitation (CSS); Specifications (Attachment 1) and CLIN Structure (Attachment 2) are located at the U.S Army Mission and Installation Contracting Command-Yuma website at: http://www.yuma.army.mil/site_contracting.asp. Offers must provide the following information 1) Unit Price, Total Price, and Total Extended Price for all Contract Line Item Numbers (CLINS) identified in Attachment 2 for the three 12-month periods of performance. The proposed Total Extended Price on all CLINS will be utilized as a Not Exceed (NTE) Ceiling Price for the ordering period for those CLINS. All quotations shall include transportation costs to the USAYPG, Yuma, AZ 85365-9498. Arizona vendors are to include the Arizona Privilege Tax. The period of performance for this acquisition shall be one 12- month base period with two additional 12- month option periods. This will be a Firm-Fixed Price, Indefinite Delivery-Indefinite Quantity (IDIQ) contract. The Government's obligation is limited to the minimum guarantee of $7,100.00. The initial order will be provided at the time of award and will specify types and quantities of gases to be delivered. Total quantities ordered (except for the initial quantity) during the award period may be more or less than the estimated quantity for the individual gases listed. However, the total quantities ordered will not exceed the total estimated ceiling for each ordering period. Payment will be made by Government Wide Area Work Flow (WAWF). The following Clauses and Provisions are incorporated by reference and apply to this acquisition. FAR 52.212-1 Instructions to Offerors -- Commercial Items (Feb 2012), NOTE: In order to complete the Representations and Certification for the following referenced provisions, you must go to the following website at http://farsite.hill.af.mil/Vffar1.htm, locate the referenced provision, copy and paste it to a word document and complete FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (Apr 2012), with Alternate I (April 2011) and DFARS 252.212-7000 Offer Representations and Certifications- Commercial Items (June 2005). An offeror shall complete only paragraph (b) of FAR 52.212-3 if the offeror has completed the annual representations and certifications electronically at the Online Representations and Certification Application (ORCA) website at http://orca.bpn.gov/. FAR 52.212-4 Contract Terms and Conditions - Commercial Items (Feb 2012) applies to this acquisition. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Order Commercial Items (May 2012) applies to this acquisition. Specific clauses cited in FAR 52.212-5 that are applicable to this acquisition are: FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012). FAR 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010), FAR 52.219-6 Notice of Total Small Business Aside (Nov 2011), FAR 52.219-28 Post-Award Small Business Program Representation (Apr 2012), FAR 52.222-3 Convict Labor (Jun 2003), FAR 52.222-19 Child Labor - Cooperation with Authorities and Remedies (March 2012), 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 Veterans (Sep 2010), FAR 52.222-36 Affirmative Action for Workers With Disabilities (Oct 2010), FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Contractor (Aug 2011), FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008), FAR 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003), FAR 52.217-5 Evaluation of Options (Jul 1990) and FAR 52.247-34 F.O.B Destination ( Nov 1991) also apply to this acquisition. DFARS 252.212-7000 Offeror Representations and Certifications--Commercial Items (Jun 2005), DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes of Executive Orders Applicable to Defense Acquisitions of Commercial Items (Jun 2012), DFARS 252.203-7000 Requirements Relating to Compensation of former DOD Officials (Sep 2011), DFAR 252.223-7001 Hazard Warning Labels (Dec 1991). DFARS 252.225-7001 Buy American Act - Balance of Payments Program (Jun 2012), DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports,(10 U.S.C. 2410) (Mar 2008), DFARS 252.247-7023 Transportation of Supplies by Sea (May 2002)(10 U.S.C 2410), Alternate III (MAY 2002) of 252.247-7023, DFARS 252.232-7010 Levies on Contract Payments (Dec 2006), DFARS 252.225-7000 Buy American Act-- Balance Of Payments Program Certificate (Dec 2009) Clauses Incorporated by Full Text: FAR 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/these address(es): http://farsite.hill.af.mil/vffara.htm FAR 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 date of contract through contract expiration. (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. FAR 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 $100.00, 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 $1,200.00; (2) Any order for a combination of items in excess of $7,500.00; or (3) A series of orders from the same ordering office within 3 working days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. FAR 52.216-22 Indefinite Quantity ( Oct 1995) 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 30 days after contract expiration. FAR 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 within30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 24 months. 252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law. REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-00004) (JAN 2012) (a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) MICC/Local Clause: 5152.233-4000AMC-LEVEL PROTEST PROGRAM (Sep 2011) (LOCAL CLAUSE) If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters (HQ), Army Materiel Command (AMC). The HQ AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the HQ AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution. Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 Packages sent by FedEx or UPS should be addressed to: Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 The AMC-Level Protest procedures are found at: http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp. If internet access is not available, contact the contracting officer or HQ, AMC to obtain the HQ AMC-Level Protest Procedures. (End of Clause) DFARS 252.211-7003 Item Identification and Valuation (Jun 2011): (a) Definitions. As used in this clause- "Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media. "Concatenated unique item identifier" means- (1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or (2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number. "Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows. "DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html. "DoD unique item identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number. "Enterprise" means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items. "Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency. "Government's unit acquisition cost" means- (1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery; (2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and (3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery. "Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise (i.e., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/ Commercial and Government Entity (CAGE) Code, or the Coded Representation of the North American Telecommunications Industry Manufacturers, Suppliers, and Related Service Companies (ATIS-0322000) Number), European Health Industry Business Communication Council (EHIBCC) and Health Industry Business Communication Council (HIBCC)), as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.nen.nl/web/Normen-ontwikkelen/ISOIEC-15459-Issuing-Agency-Codes.htm. "Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier. "Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts. "Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions. "Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards. "Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface. "Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent. "Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise. "Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment. "Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier. "Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier. "Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent. "Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html. (b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item. (c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following: (i) All delivered items for which the Government's unit acquisition cost is $5,000 or more. (ii) The following items for which the Government's unit acquisition cost is less than $5,000: Contract Line, Subline, or Exhibit Line Item Number Item Description ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number ____. (2) The unique item identifier and the component data elements of the DoD unique item identification shall not change over the life of the item. (3) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that- (i) The encoded data elements (except issuing agency code) of the unique item identifier are marked on the item using one of the following three types of data qualifiers, as determined by the Contractor: (A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and (ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media. (4) Unique item identifier. (i) The Contractor shall- (A) Determine whether to- (1) Serialize within the enterprise identifier; (2) Serialize within the part, lot, or batch number; or (3) Use a DoD recognized unique identification equivalent; and (B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in the version of MIL-STD-130, Identification Marking of U.S. Military Property, cited in the contract Schedule. (ii) The issuing agency code- (A) Shall not be placed on the item; and (B) Shall be derived from the data qualifier for the enterprise identifier. (d) For each item that requires unique item identification under paragraph (c)(1)(i) or (ii) of this clause, in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, either as part of, or associated with, the Material Inspection and Receiving Report, the following information: (1) Unique item identifier. (2) Unique item identifier type. (3) Issuing agency code (if concatenated unique item identifier is used). (4) Enterprise identifier (if concatenated unique item identifier is used). (5) Original part number (if there is serialization within the original part number). (6) Lot or batch number (if there is serialization within the lot or batch number). (7) Current part number (optional and only if not the same as the original part number). (8) Current part number effective date (optional and only if current part number is used). (9) Serial number (if concatenated unique item identifier is used). (10) Government's unit acquisition cost. (11) Unit of measure. (e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause, the Contractor shall report as part of, or associated with, the Material Inspection and Receiving Report specified elsewhere in this contract, the following information: (1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part. (2) Unique item identifier of the embedded subassembly, component, or part. (3) Unique item identifier type.** (4) Issuing agency code (if concatenated unique item identifier is used).** (5) Enterprise identifier (if concatenated unique item identifier is used).** (6) Original part number (if there is serialization within the original part number).** (7) Lot or batch number (if there is serialization within the lot or batch number).** (8) Current part number (optional and only if not the same as the original part number).** (9) Current part number effective date (optional and only if current part number is used).** (10) Serial number (if concatenated unique item identifier is used).** (11) Description. ** Once per item. (f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause in accordance with the data submission procedures at http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html. (g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which unique item identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s).
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/notices/328dc246c5d5d35ce864754b549a7bcf)
 
Place of Performance
Address: MICC - Yuma Proving Ground KO Directorate of Contracting, 301 C Street BLDG 2100 RM 8 Yuma AZ
Zip Code: 85365-9498
 
Record
SN02788680-W 20120630/120628234839-328dc246c5d5d35ce864754b549a7bcf (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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