1240LS24Q0066 Caribou-Targhee National Forest Diesel Purchase Combined Synopsis_RFQ.pdf

Solicitation Number: 1240LS24Q0066 Diesel Purchase

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, 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).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2024-05.

(iv) This procurement is set aside for 100% Total Small Business. The NAICS code is 325110 and the Small

Business Size Standard is 1,300 Employees.

(v) Schedule of Items/Price Schedule.

Item Supplies/Services Qty Unit of

Issue

Unit

Price

Total Price

0001 Clear (On-Road) Summer Blend

Diesel

5,500 Gallon $ $

0002 Delivery to 499 North 2400 East St.

Anthony, ID 83445

(Note Delivery must occur between

Monday and Thursday)

1 LS $ $

Total: $

Indicate ability to deliver by the date indicated in this solicitation; Y or N:

If unable to deliver by the date indicated in this solicitation, list earliest possible delivery date based on an anticipated award date of

06/24/2024:

Quoter’s Company Information

Name of Company (Please Print):

UEI Number from SAM.gov:

Printed Name of Company Representative:

Signature of Company Representative:

Date:

Phone Number:

Email Address:

Schedule Notes:

a) One award will be made from this solicitation, contractors must submit pricing for all items.

(vi) Description of Requirement

The United States Department of Agriculture (USDA), Forest Service (FS), Intermountain Region, Caribou-Targhee National Forest, has a need for 5,500 Gallons of clear (on-road) summer blend diesel, delivered to 499 North 2400 East, St. Anthony, ID 83445.

(vii) Date(s) and Place(s) of Delivery and Acceptance

06/28/2024

499 North 2400 East

St. Anthony, ID 83445

CLAUSES:

(vii) 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):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar

(AGAR clauses begin with 452)

FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

Clauses Incorporated by Reference:

(viii) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV

2023)

Addenda to 52.212-4:

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.249-8 Default (Fixed-Price Supply and Service)(APR 1984)

(ix) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders–

Commercial Products and Commercial Services (MAY 2024)

(a) (1) – (7)

(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 products and commercial services:

☒ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (Whistleblower Guidance to Contractor Employees)

☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

☒ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☒ (26) (i) 52.219-28, Post Award Small Business Program Re-representation (FEB 2024) (15 U.S.C. 632(a)(2)).

☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024). [

☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☒ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf

☒ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and

E.O. 13627).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

☒ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY

2024) (E.O. 13513).

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(MAY 2024) (31 U.S.C. 3332).

(d) (1) – (3)

(e) (1), (2)

Clauses Incorporated by Full Text:

(x) 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(xi) 452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022) Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to

FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer

(CO) shall issue a unilateral modification for de-obligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for de-obligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf

PROVISIONS:

(xii) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar

(AGAR clauses begin with 452)

FAR and AGAR Deviations to provisions may be viewed at: Policies & Regulations | USDA

Provisions Incorporated by Reference:

(xiii) 52.201-1 Acquisition 360: Voluntary Survey (SEP 2023)

(a)All actual and potential offerors are encouraged to provide feedback on the pre-award and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https://www.acquisition.gov/360.

(b)The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the pre-award and debriefing processes, as applicable, used for a specific acquisition.

(xiv) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023)

Addenda to provision 52.212-1:

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.219-1 Small Business Program Representations (FEB 2024)

Addenda to Provision 52.212-1:

For simplified acquisitions, the word quote or quoter is substituted in provision 52.212-1 for the word offer or offeror.

Addenda to Provision 52.212-1 paragraph (b) Submission of Quotes:

AT A MINIMUM, QUOTER SHALL SUBMIT THE FOLLOWING DOCUMENTS

BACK WITH THEIR RESPONSE TO THIS SOLICITATION

1. Schedule of Items (including Quoter’s Company Information) (Page 1).

2. Any amendment that may be issued.

3. 52.212-3(b)(2) Offeror Representations and Certifications – Commercial

Products and Commercial Services (Page 5).

4. 52.204-24 (d) Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Page 6).

5. Technical Response as Identified in Evaluation Factors for Award. (See Evaluations Commercial Items Page(s) 6-7).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.acquisition.gov/360

1) Quoters must have an active entity registration in the System for Award Management to submit a quote. https://www.sam.gov/SAM/

2) Submit quotes by email to the contract specialist listed in section (xx) so that it is delivered into this inbox by the due date and time. Emails should be in Microsoft Word, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the quoter’s responsibility to confirm receipt of the quote from the contract specialist.

3) Address questions about this solicitation to the contract specialist listed in section (xx).

The Deadline for Questions about this solicitation is: 06/17/2024 at 1:00 PM Mountain

Time.

Addenda to Provision 52.212-1 paragraph (f) Late submissions:

Any quote, modification, revision, or withdrawal of a quote received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is "late" and will not be considered unless it is received before award is made and the contract specialist determines that accepting the late quote would not unduly delay the acquisition.

(xv) 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial

Services (MAY 2024)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and

Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.] https://www.sam.gov/SAM/ http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

Provisions Incorporated by Full Text:

(xvi) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications

Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror

Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it

"does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at

52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(xvii) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

Factor #1 – Technical Capability: In order to be considered for award, quote must at a minimum demonstrate that the quoted fuel is clear (on-road) summer blend diesel.

Factor #2 – Ability to Meet Delivery Date: In order to be considered for award, quote must indicate ability to deliver by the date listed in this solicitation or in the event you are unable to deliver by this date, the earliest possible delivery date (see schedule of items and section (vii)).

Factor #3 – Past Performance: The Government will use past performance information obtained from other than the sources identified by the quoter. Information obtained from the Past Performance

Information Retrieval System (PPIRS) database located at http//www.ppirs.gov is one of the sources that will be utilized. PPIRS functions as the central warehouse for performance assessment reports received from several Federal performance information collection systems and is sponsored by the DOD E-

Business Office and administered by the Naval Sea Logistics Center Detachment Portsmouth.

NOTE: In accordance with FAR 15.305 (a)(2)(iv)), in the case of a quoter without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter shall be determined to have

Arlen Fausett Highlight unknown past performance. In the context of acceptability/unacceptability, “unknown” will be considered “acceptable.” Ratings of less than satisfactory for furnishing of similar items within the last three years, may result in removal of consideration from award.

Factor #4 – Price: Award will be made to the quoter whose quote represents the best value to the government.

Technical, Delivery, and Past Performance, when combined, are equal in importance to price.

(b) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quoter’s specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(xviii) 52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(xviiii) Date, Time, and Place Offers are due:

Quotes are due on 06/20/2024 by 1:00 PM Mountain Time at the contract specialist’s email address listed in section (xx). It is the responsibility of the quoter to confirm delivery of their quote before the deadline. Large files can increase the time it takes to deliver an email. Mailed or faxed quotes will not be accepted.

(xx) Government Point of Contact

Whit Fausett

Contract Specialist arlen.fausett@usda.gov mailto:arlen.fausett@usda.gov