Combined Synopsis Solicitation.doc

Nitric Acid Tinker AFB, OK Solicitation # FA8132-20-Q-0013

This is a combined synopsis/solicitation for commercial items prepared IAW the format in FAR Subpart 12.603, 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 aside from the one posted here.

This solicitation is being issued as a request for quotation (RFQ) IAW FAR Part 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2020-04, Defense Federal Acquisition Regulation Supplement Change Notice (DPN) 20200114, and Air Force Acquisition Circular (AFAC) 2019-1001.

This acquisition is a Women-Owned Small Business Set-aside (NAICS Code 325998; Size standard is 500 Employees).

Any quote from a large business is ineligible for award

The Air Force Sustainment Center’s Maintenance Contracting Branch (AFSC/PZIMC) at Tinker Air Force Base, Oklahoma, intends to award a Firm Fixed Price (FFP) contract for the acquisition of the items/services:

Purchasing Nitric Acid, please see page 4 for quote instructions.

SHIPPING INFORMATION

Items will be delivered to:

COMMODITIES TEAM

OC-ALC/OBC

BLDG 3001 STAFF DR. DOOR G70 POST N68

TINKER AFB OK 73145

Shipping will be FOB Destination only.

QUOTE SUBMISSION INFORMATION

Quotes are due to the point of contact (POC) below by 25 Mar 2020/2:00 pm, Central Time (CT)

Primary POC Alt POC

Michael Shand Dave Herrig Contract Specialist Contract Officer michael.shand@us.af.mil david.herrig.1@us.af.mil

405-739-3311 405-739-5819 Payment terms will be Net 30. You may offer payment discounts for early payment, but this will not be considered in quote evaluation

Invoices must be submitted in the Government’s Invoicing, Receipt, Acceptance, & Property Transfer (iRAPT) Online Application, which can be found in the Wide Area Workflow e-Business Suite (WAWF; https://wawf.eb.mil). Payment will be made after the invoice is signed in iRAPT and after the item is received and accepted by the Government; do not submit invoices until the item has been delivered.

Standard commercial warranties apply.

Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications

-- Commercial Items, with offers.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders

-- Commercial Items, applies to this acquisition. Additional FAR clauses cited in the clause that are applicable to the acquisition are: 52.203-6, 52.204-10, 52.209-6, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-50, 52.223-18, 52.225-13, 52.232-33.

The following Clauses are also incorporated by Reference as directed by Agency Rules:

Applicable Clauses:

52.202-1 Definitions

52.203-3 GRATUITIES

52.203-11 Certification And Disclosure Regarding Payments to Influnence Certain Federal Transactions

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

52.204-7 SYSTEM FOR AWARD MANAGEMENT

52.204-9 Personal Identity Verification of Contractor Personnel

52.204-16 Commercial and Government Entity Code Reporting

52.204-18 Commercial and Government Entity Code Maintenance

52.204-19 Incorporation by Reference of Representations and Certifications

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

52.215-5 Facsimile Proposals

52.216-1 Type Of Contract

52.217-5 Evaluation of Options

52.217-8 Option to Extend Services

52.217-9 Option to Extend the Term of the Contract

52.222-17 Non-Displacement of Qualified Workers

52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

52.222-41 Service Contract Labor Standards

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

52.222-43 Fair Labor Standards Act And Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts)

52.222-55 Minimum Wage Under Executive Order 13658

52.222-62 Paid Sick Leave Under Executive Order 13706

52.223-5 Pollution Prevention and Right-to-Know Information

52.225-4 BUY AMERICAN--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT CERTIFICATE

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran-

Representations and Certifications.

52.228-5 Insurnace-Work on A Government Installation

52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

52.233-2 Service Of Protest

52.233-3 PROTEST AFTER AWARD

52.233-4 Applicable Law for Breach of Contract Claim

52.337-2 Protection of Government Buildings, Equipment, And Vegetation

52.242-13 Bankruptcy

52.242-15 STOP-WORK ORDER

52.247-34 F.O.B. Destination

52.252-1 Solicitation Provisions Incorporated By Refererence

52.253-1 Computer Generated Forms

252.201-7000 Contracting Officer’s Representative

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS

252.204-7004 Alt A System for Award Management Alternate A

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT

252.217-7028 Over And Above Work

252.223-7008 Prohibition of Hexavalent Chromium

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

252.232-7010 LEVIES ON CONTRACT PAYMENTS

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT

52.252-1 PROVISIONS / CLAUSES INCORPORATED BY REFERENCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS

5352.201-9101 Ombudsman 5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODSs)

5352.223-9001 Health & Safety On Government Installations

The following clause is incorporated in Full Text:

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):

www.acquisition.gov (End of provision)

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): https://www.acquisition.gov/

All clauses and provisions can be found on the following websites:

Federal Acquisition Regulation (FAR) – https://www.acquisition.gov/browse/index/far

Defense Federal Acquisition Regulation Supplement (DFARS) – https://www.acquisition.gov/browse/index/dfars Air Force Federal Acquisition Regulation Supplement (AFFARS) – https://www.acquisition.gov/browse/index/affars

(End of clause)

52.212-2 Evaluation-Commercial Items (Oct 2014)

(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 offers:

Price: Award will be made to the offeror whose Total Evaluated Price (Basic Year, Plus Four Option Years) represents the lowest overall price.

Past Performance: The Contracting Officer will review the System for Award Management (SAM), the Federal Awardee Performance and Integrity Information System (FAPIIS), and Past Performance Information Retrieval Information System (PPIRS). This is a Pass/Fail review. No award will be made to an offeror with negative performance indicators in any of the systems listed.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

252.216-7006 Ordering (Sep 2019)

(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 contract schedule. Such orders may be issued from 1 Apr 2020 through 31 Mar 2025.

(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)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Data Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of an Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation.

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 2 Barrels, 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 $1,000,000.00

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within 14 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 5 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.

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 14 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 5 years.

52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997)

(a)“Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1)To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2)To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

(a) Definitions. As used in this clause-“Toxic chemical” means a chemical or chemical category listed in 40 CFR372.65.

(b) Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42U.S. C.11001-11050), and the Pollution Prevention Act of 1990 (PPA) (42U.S. C.13101-13109).

(c) The Contractor shall provide all information needed by the Federal facility to comply with the following:

(1) The emergency planning reporting requirements of Section 302 of EPCRA.

(2) The emergency notice requirements of Section 304 of EPCRA.

(3) The list of Material Safety Data Sheets, required by Section 311 of EPCRA.

(4) The emergency and hazardous chemical inventory forms of Section 312 of EPCRA.

(5) The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA.

(6) The toxic chemical and hazardous substance release and use reduction goals of section 2(e) of Executive Order 13423 and of Executive Order 13514.

Offerors are required to return the portion of this CSS below with the completed information and authorized signature. Offeror may provide their company’s quotation sheet in addition to this response page.

SECTION 1 – OFFEROR INFORMATION

Company Name

Address

CAGE Code and DUNS Number

The Government cannot enter into contracts or agreements with contractors not registered in SAM. For registration information, visit the SAM website (https://www.sam.gov/) and follow the instructions in the Quick Start Guide For SAM Registration, which can be found under the Help Tab and User Guides submenu.

Small Business Size

Web Page URL

Point of Contact

POC Phone # and email address

SECTION 2 – SUPPLIES/SERVICES AND PRICE

Please work the cost of shipping into your items. A separate charge for shipping is not allowed.

Quotes are valid for no less than 30 days.

IAW FAR 52.212-1(b)(4) be sure to provide a Certificate of Analysis for Nitric Acid with quote.

Payment Terms / Discount Terms

NET 30 / _______% In _______ Days After Invoice Submission in iRAPT Delivery Time

___________ Days after Receipt of Order

NOTES:

SECTION 3 – CERTIFICATION OF RESPONSE

NAME OF OFFEROR’S REPRESENTATIVE

TITLE

SIGNATURE

DATE

Contractor is required to sign this document and return 1 copy to issuing office. Contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein. Contractor is required to provide commercial product literature for all items quoted above as required/requested