80KSC025R0004 LNG Combined Synopsis Solicitation Notice.pdf

This notice is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

This notice is being issued as a Request for Proposal (RFP) under solicitation number 80KSC025R0004 for the NASA Agency-wide procurement of approximately 2.8 million gallons of Liquefied Natural Gas (LNG) to be used at the following NASA locations:

Marshall Space Flight Center (MSFC) and Stennis Space Center (SSC). This competitive acquisition is anticipated to result in the award of one or more indefinite delivery (ID) requirements contract(s) with fixed price delivery orders with a 2-year base period and 3 one-year options.

The provisions and clauses in the RFP are those in effect through FAC 2025-03 which can be obtained from https://www.acquisition.gov/browse/index/far.

This acquisition is a full and open competition.

The NAICS Code and Size Standard are 325120 and 1200 employees, respectively. The offeror shall state in their offer their size status for this acquisition.

All responsible sources may submit a proposal which shall be considered by the agency.

Delivery to MSFC and SSC is required in accordance with the requirements in the Statements of Work. Delivery shall be free on board (FOB) Destination. All requirements under the contemplated Agency-wide acquisition are included in the Schedule of Supplies and Statements of Work.

Offers for the items(s) described above are due by June 3, 2025, at 4:30 p.m. Eastern and must include, solicitation number, Price Proposal Template, taxpayer identification number (TIN), identification of any special commercial terms, and be signed by an authorized company representative. Offerors are encouraged to use the Standard Form 1449, Solicitation/Contract/Order for Commercial Products and Commercial Services form found at URL: https://www.gsa.gov/reference/forms/solicitationcontractorder-for-commercial-products-and-commercial-services

The following clauses and provisions are incorporated; full text of the clauses and provisions may be accessed electronically at:

FAR - https://www.acquisition.gov/browse/index/far

NFS - https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

Offerors shall provide the information required by Section 5.3 of the solicitation and FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (SEP 2023) which is incorporated by reference. Addenda to FAR 52.212-1, are as follows:

Substitute the following paragraphs (b), (c), (e), (g), and (h) for paragraphs (b), (c), (e), (g), and (h) of the basic provision:

(b) Submission of offers. Offer means a response to a solicitation that, if accepted, would bind the Offeror to perform the resultant contract. Responses to requests for proposals are offers called “proposals.” Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on letterhead stationery.

(1) The Offeror shall submit its proposal via NASA’s Enterprise File Sharing and Sync Box (EFSS Box), a FedRAMP Moderate certified platform. Electronic submissions shall not contain hidden formulas, tables, be locked, be protected, or contain links to data not included in the electronic copy. All electronic submissions should be searchable and should not contain scanned documents, except those documents that must be provided in their native format. The Offeror shall ensure documents are free from viruses and malware, as documents determined by NASA to contain a virus or malware will not be opened or evaluated.

(2) Prior to the submission of proposal files, Offerors interested in submitting a proposal in response to this solicitation should notify the Contracting Officer of their intent to submit a proposal at least 24 hours prior to the intended submission date, at the following email address: ksc-lng-info@mail.nasa.gov.

(3) The Offeror shall submit all proposal files to:

https://nasagov.box.com/s/l8uubsc92154ccia3xpl7kcvubntucvj.

The Offeror shall follow instructions regarding proposal submission found at:

https://www.hq.nasa.gov/office/procurement/other/EFSS-Box-Offeror-Proposal- Submission-Instructions.pdf.

(4) Electronic file names shall be limited to letters, numbers, and single spaces, with the exception of the period that is required before the file extension (e.g., .pdf), in order to successfully upload and download files from the EFSS Box system. The Offeror shall not use special characters “/” or “\” in file names. The Offeror shall clearly label the contents of the file and include the name of the Offeror and subcontractor name (if applicable) in the file name. Examples of acceptable file names are as follows (not specific to this solicitation):

Offeror Submissions:

Offeror name - solicitation number - Technical Capability Volume.pdf Offeror name - solicitation number - Price Volume.xlsx

Individual files cannot exceed 150GB per file. Unless specifically authorized by the solicitation instructions, alternate proposal submissions shall not be submitted.

(5) Immediately after all files have been uploaded and the proposal has been submitted in its entirety, the Offeror shall notify the Contracting Officer at the following email address: ksc-lng-info@mail.nasa.gov with a listing of all documents that were submitted via EFSS Box. If any problems are experienced with the EFSS Box system (e.g., login, file transfer), please contact the Contracting Officer via e-mail as soon as possible.

(6) The Offeror is responsible for ensuring its proposal reaches the Government office designated in the solicitation by the date and time specified in the solicitation. The Government is not responsible for any failure attributable to the transmission or receipt of documents submitted using electronic means, including the missing of any submission requirements and established deadlines. Please note that uploading documents via EFSS Box and the transmission of the files from the Offeror to the Government may not be instantaneous. To ensure timely delivery, the Offeror is encouraged to submit its proposal at least 24 hours prior to the due date specified in the solicitation. The electronic submission of the proposal shall contain all information required by the solicitation to be determined responsive.

(c) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers unless another time period is specified in an addendum to the solicitation.

(e) Multiple offers will not be accepted in response to this solicitation.

(g) Contract award. Requirement CLINs – The Government intends to evaluate offers and award a contract without exchanges with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. Any exceptions to the terms and conditions must be submitted at the time of proposal submission. However, the Government reserves the right to hold exchanges if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest priced offer; and waive informalities and minor irregularities in offers received.

(h) Multiple contract awards may be made in response to this solicitation.

(End of Addendum to FAR 52.212-1)

FAR 52.212-2, Evaluation–Commercial Products and Commercial Services (NOV 2021).

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 and other factors considered. The following factors are in descending order of importance and shall be used to evaluate offers. Addenda to FAR 52.212-2 are as follows:

FAR 52.212-2 has been tailored to revise and replace Paragraphs (a), (b), and (c) as follows:

(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 and other factors considered. The following factors shall be used to evaluate proposals: Technical Acceptability and Price. This acquisition will be conducted using the policies prescribed in FAR Part 12, Acquisition of Commercial Products and Commercial Services, in conjunction with the procedures of FAR Part 15, Contracting by Negotiation, and award will be made using the lowest-price-technically-acceptable source selection process (as described in FAR 15.101-2).

Award will be made on the basis of the total lowest evaluated price per CLIN for each proposal meeting or exceeding the acceptability standards for non-cost factors.

The Government anticipates award of multiple contracts. The conditional pricing of CLINs dependent on award of other CLINs will not be accepted.

(End of addendum to FAR 52.212-2)

All offerors shall include a completed copy of FAR 52.212-3, Offeror Representations and Certifications–Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025), or complete electronic annual representations and certifications at SAM.gov with its offer.

Notice: “System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements.

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

FAR 52.212-4, Contract Terms and Conditions– Commercial Products and Commercial Services (NOV 2023) is applicable. Addenda to FAR 52.212-4 are as follows:

Paragraph (f) is tailored to add the following paragraph:

(2) When the Requirements Contractor has an approved “excusable delay” by the Contracting Officer, the Requirements Contractor shall not be liable to cover any difference in price between the CLIN Price identified in Section 1.2 Liquefied Natural Gas Product Unit Price and the replacement product price awarded under the CLIN for that location. Additionally, when a Contractor has an approved “excusable delay” by the Contracting Officer, the Contractor shall not be liable to cover any difference in price between the awarded price and any subsequent Contractor.

Paragraph (g) Invoice is tailored to supplement (g) Invoice.

(3) The Contractor shall submit all vouchers and invoices using the steps described at NSSC’s Vendor Payment information web site at:

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(4) Improper invoices. The NSSC Payment Office will notify the Contractor of any apparent error, defect, or impropriety in vouchers/invoices within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (a) of this section.

(5) If amounts are withheld from payment in accordance with provisions of this award, a separate payment request for the amount withheld will be required before payment for that amount may be made.

Paragraph (m) is tailored to add the following paragraphs:

(1) In the event the Contractor is unable to meet its delivery obligations from the specified sources, the Contractor may supply the deficient quantities from other sources at the price agreed to in Section 1.2 of this contract.

(2) If such deficient quantities are not so supplied, and the Contractor does not have a Contracting Officer approved excusable delay, the Government may acquire liquefied natural gas from other sources to the level of the quantities deficient, and the Contractor shall pay the Government the difference between the delivered price from such other source and the applicable delivered price under Section 1.2 of this contract. In this situation, the Government will pay the full price for the delivery under the CLIN and may short pay the Contractor, on the next applicable invoice, an amount equal to the difference between the Contractor’s normal price to the Government, and the price the Government paid for the delivery. If the Contractor is in default and does not have a Contracting Officer approved excusable delay, the Contractor is responsible for the difference between their awarded price and the subsequent delivered price by another Contractor. If the Contractor defaults prior to the first delivery, the Government’s rights after termination for cause shall include all the remedies available to any buyer in the marketplace (see FAR 12.403(2)).

(3) In the event the Contractor continues to fail to deliver, correct deficiencies, or comply with contract terms and conditions, the Government may invoke its right to terminate for cause.

(4) In the event the Contractor or Spot Delivery Contractor does not have a Contracting

Officer approved excusable delay and is determined to be in default, the Contracting Officer shall pursue a temporary solution to maintain continuity of supplies until the CLIN for that location is awarded to a new Contractor.

Paragraph (o) is replaced as follows:

(o) Warranty.

The items delivered hereunder shall meet the specifications defined in Section 1.4, Performance Specification. The Government may reject any item which does not meet the specifications and no charge will be made for the item rejected. No claim of any kind with respect to the conformance of items to the foregoing specifications, whether based on negligence, warranty, strict liability, or any other theory of law, will be greater than the price of the quantity of nonconforming item(s) in respect to which such claim is made. The foregoing constitutes the Government’s exclusive remedy and the Contractor’s sole obligation with respect to any such claim for not meeting the specifications. “There are no express warranties by Contractor other than those specified in this Section 52.212-4 (o). No warranties by Contractor (other than warranty of title as provided in the uniform commercial code) will be implied or otherwise created under the uniform commercial code including warranty of merchantability and warranty of fitness for a particular purpose.” This limited remedies Section for failure to meet the expressed warranty stated herein shall have no application to or impact on the Government’s remedies under paragraph (m) Termination for cause of this Section.

(End of Addendum to FAR 52.212-4)

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders– Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025) is applicable and clauses are included in the RFP and the following identified FAR clauses are incorporated by reference: 52.203-6, 52.204-10, 52.204-27, 52.209-6, 52.209-9, 52.219-8, 52.219-9 Alternate II, 52.219-28, 52.222-3, 52.222-19, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-50, 52.222-54, 52.225-1, 52.225-13, 52.226-8, 52.232-33, 52.240-1 and 52.242-5

A list of the attachments to this combined synopsis/solicitation are as follows:

80KSC025R0004 Industry Question Form 80KSC025R0004 Terms and Conditions 80KSC025R0004 Attachment 1 Statements of Work 80KSC025R0004 Attachment 2 NASA Modified Grade A Specifications 80KSC025R0004 Attachment 3 Capability Form 80KSC025R0004 Price Proposal Template

NASA Clause 1852.215-84, Ombudsman is applicable. The Center Ombudsman for this acquisition is Edwin Martinez who can be reached by email at Edwin.Martinez-1@nasa.gov or by telephone at (321) 867-1699.

This posting, in addition to any attached documents, will be available on www.SAM.gov.

Potential offerors will be responsible for downloading their own copy of this combination synopsis/solicitation and amendments (if any).

Prospective offerors are encouraged to notify this office of their intent to submit an offer. All contractual and technical questions must be submitted electronically using the attached Industry Question Form via email to ksc-lng-info@mail.nasa.gov no later than May 21, 2025, at 4:30 p.m. Eastern. Telephone questions will not be accepted.

Responses to this combined synopsis/solicitation must be received in accordance with the process described in addenda to FAR 52.212-1 (b) above, no later than 4:30 p.m. Eastern on June 3, 2025.

The Government is not responsible for any failure attributable to the transmission or receipt of documents submitted using electronic means, including the missing of any established deadlines.

Failure to submit a complete electronic proposal by the due date and time specified for this RFP shall result in the proposal being considered late and shall be handled in accordance with FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (SEP 2023).