Combined Synopsis Solicitation 36C24124Q0360_1 Propane Delivery Service.docx

Attachment 1: Combined Synopsis-Solicitation for Commercial Products and Commercial Services RFQ: 36C24124Q0360_1, Propane Delivery Service

Description This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (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; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-06.

The associated North American Industrial Classification System (NAICS) code for this procurement is 324110. The FSC/PSC is 6830.

The Network Contracting Officer (NCO) 1 – New England is seeking to Propane Delivery Service.

All interested companies shall provide quotations for the following:

Gal

TOTAL

STATEMENT OF WORK

1- DESCRIPTION AND SPECIFICATIONS

The Vendor shall provide propane tanks, delivery, and maintenance services for Togus VA Medical Center (Togus VAMC), as specified below.

There are 16 fill stations all located outside that can be filled using a standard delivery truck. See SOW Attachment 01 – Togus Campus Map for locations of each fill station. Current tanks are the property of the previous propane vendor, unless otherwise noted. New vendor will have to provide their own appropriately sized tanks. New vendor must coordinate with the Contracting Officer Representative (COR) to connect and install new tanks the same day the old tanks are being removed by previous vendor to allow for a minimal disturbance to the system. Each system must be fully functional by the end of each day.

Vendor shall calculate heating degree days to schedule fuel deliveries but will also be available on a will-call/as-needed basis for emergencies or extremely cold periods when higher fuel consumption could affect calculated heating degree days. All requests for emergency fuel deliveries must be filled within 24 hours from the time the order is placed.

Specifics of the propane tank locations, sizes, and historic usage can be found below:

50 Gallon Tank – B209 West Side of Building (Lot #10)

50 Gallon Tank – B212 Fire Dept. Rear of Building

100 Gallon Tank – B241 Gazebo

100 Gallon Tank – B238 North Entrance

100 Gallon Tank – QTRS 16 Rear of Building (VA Owned Tanks)

100 Gallon Tank - QTRS 18 Rear of Building (VA Owned Tanks)

1000 Gallon Tank - B255 Grass area Lot #5

1000 Gallon Tank – QTRS 1

1000 Gallon Tank – QTRS 2

1000 Gallon Tank – QTRS 3

1000 Gallon Tank – QTRS 4

2-100 Gallon Tank – B204 Underneath Catwalk between B204 & B240

2–100 Gallon Tank – T227 Southwest Corner of Building

305 Gallon Tank – West side of B36

Propane consumption since 2018 has ranged from 20000-24000 gallons annually.

Vendor shall be responsible for maintaining the tanks and fuel line going to the regulator, including the regulator.

Supplier shall also provide a certification for each shipment or delivery that includes:

Name of fuel supplier Date of delivery Volume of fuel delivered in shipment per location.

Either separate invoice for each tank or a breakdown by tank on one invoice

Period of performance for this contract will be 365 days after issuance of the notice to proceed from the contracting officer with the ability for the VA to exercise 1 additional option year.

(END OF STATEMENT OF WORK)

The purchase order/contract anticipated period of performance is: 07/01/2024 - 06/30/2026.

Place of Performance: Department of Veterans Affairs, VAMC Togus, 1 VA Center, Augusta, ME 04330.

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services” MAR 2023

2. ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

3. FAR 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):

http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

4. FAR 52.204-7, “System for award management”, OCT 2018

5. FAR 52.204-16, “Commercial and government entity code reporting”, AUG 2020

6. VAAR 852.215-70, “Service-Disabled Veteran-Owned and Veteran-Owned Small Business evaluation factors”, OCT 2019

7. VAAR 852.215-71, “Evaluation factor commitments”, OCT 2019

8. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services” DEC 2022

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” DEC 2022

· ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

· 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):

· FAR 52.204-13, “System for award management maintenance”, OCT 2018

· FAR 52.204-18, “Commercial and Government entity code maintenance”, AUG 2020

· FAR 52.232-40, “Providing accelerate payments to small business subcontractors”, MAR 2023

· VAAR 852.203-70, “Commercial Advertising”, MAY 2018

· VAAR 852.219-75, “VA notice of limitations on subcontracting—Certificate of compliance for services and construction”, NOV 2022

· VAAR 852.232-72, “Electronic Submission of Payment requests”, NOV 2018

· VAAR 852.242-71, “Administrative contracting officer”, OCT 2020

· FAR 52.212-5, “Contract Terms and Conditions required to implement statutes or executive orders – Commercial products and Commercial services”, JUN 2023

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

· 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

· 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

· 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

· 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

· 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

· 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

· 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(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:

· 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note).

· 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

· 52.219-28, Post Award Small Business Program Representation (MAR 2023) (15 U.S.C. 632(a)(2)).

· 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

· 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

· 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

· 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513)

· 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

· 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).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

· 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products and commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, or the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015)

(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services – Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note)

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(END OF CLAUSES)

· FAR 52.212-1, “Instructions to Offerors-Commercial Products and Commercial Services”, SEP 2023

· FAR 52.252-1, “Solicitation Provisions Incorporated by Reference”, FEB 1998

· FAR 52.204-6, “Unique Entity Identifier”, OCT 2016

· FAR 52.204-7, “System for Award Management”, OCT 2018

· FAR 52.204-16, “Commercial and Government Entity Code Reporting”, AUG 2020

· FAR 52.216-1, “Type of Contract”, APR 1984

· FAR 52.229-11, “Tax on Certain Foreign Procurements – Notice and Representation”, JUN 2020

· VAAR 852.209-70, “Organizational Conflicts of Interest”, OCT 2020

· VAAR 852.215-70, “Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors”, JAN 2023 (DEVIATION)

· FAR 52.212-2, “Evaluation-Commercial Items”, OCT 2014

All quoters shall submit the following: Price and Technical

All quotes shall be sent to the Contract Specialist, Brian Sylvester, brian.sylvester @va.gov Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side-by-side comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

The following are the decision factors: Price and Technical.

1. Price:

a. Complete line items on Page 1 of this solicitation, which will be completed by the offeror.

2. Technical: The offeror’s quote shall be evaluated to determine if the contractor has the capabilities to provide propane deliveries in a timely and efficient manner.

a. Sub-Contracting (if applicable): If you are planning to sub-contract some or all of this work, please provide the name and address(s) of all subcontractor(s) (if applicable) and a description of their planned subcontracting effort.

b. A comprehensive Spill Prevention & Response Plan must be submitted for approval. The Plan must demonstrate effective prevention and containment of any fuel spills. Vendor must certify that their drivers have been trained on spill prevention. The plan must also include an effective means of communication during a spill containing 10 or more gallons. The plan shall include emergency contact numbers for: their own company, remediation companies and State & Federal authorities in the event of a major fuel spill containing 10 or more gallons.

The award will be made to the response most advantageous to the Government. Responses should contain your best terms and conditions.

· FAR 52.212-3, “Offeror Representations and Certifications-Commercial Products and Commercial Services”, SEP 2023

(END OF PROVISIONS)

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

Submission of your response shall be received not later than 06/26/2024 at 12:00 PM EST and e-mail sent to brian.sylvester@va.gov. All questions will be received not later than 06/24/2024 at 12:00 PM EST and e-mail sent to brian.sylvester@va.gov.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Not accepted.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.

Point of Contact:

Brian Sylvester brian.sylvester@va.gov 207 341-2509 Effective Date: 03/15/2023 Revision: 01