11_March_2014_DTMA92Q140010_Combined_SynopsisSolicitation.pdf

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted to FEDBIZOPPS (https://www.fbo.gov/ ). The RFQ number is DTMA-92-Q-14-0010. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-72 effective January 30, 2014. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The FAR clauses may be accessed in full text at these addresses http://www.acquisition.gov/far/. The full text of the Transportation Acquisition Regulations (TAR) (1252.) can be found at: http://www.dot.gov/ost/m60/tamtar/part1252.htm and the full text of the U.S. Maritime Administration Provisions and Clauses (MCL) can be found at:

https://voa.marad.dot.gov/Solicitation_Awards/docs/mar-380/MARAD%20Clauses%20MCL%20for%20HTML.htm

The NAICS code is 424720 and the Small Business Standard is 100 employees. THIS REQUIREMENT IS BEING

ADVERTISED ON AN UNRESTRICTED BASIS.

The U.S. Maritime Administration (MARAD), Norfolk, VA intends to award a firm fixed price purchase order with Economic Price Adjustment for James River Reserve Fleet, Fort Eustis, VA for the following services:

The delivery of B-20 Biodiesel Fuel Oil and Marine Diesel #2 Fuel Oil for delivery by truck to vessel pier side at the James River Reserve Fleet, end of Harrison Rd, Ft. Eustis, VA 23604. This requirement is a follow on to contract

DTMA-92-P-2013-0024.

The requested period of performance is a one year base period effective May 15, 2014 through May 14, 2015 and four one year option periods to conclude on May 14, 2019.

Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control.

The following FAR provisions apply to this solicitation:

52.204-7 System for Award Management (SAM’s) (Jul 2013) 52.212-1 Instructions to Offerors—Commercial Items (Jul 2013) 52.212-2 Evaluation—Commercial Items (Jan 1999)

(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:

1. Suitability of product to meet the Government need;

2. Past Performance;

3. Price

The Government will award on the basis of lowest price, technically acceptable quote.

(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.

52.212-3 Offeror Representations and Certifications—Commercial Items (Nov 2013) (Quoters are required to include a completed copy of this provision with their quote or a statement stating that it is available via the SAM’s website, https://www.sam.gov/portal/public/SAM/#1 ) 52.217-5 Evaluation of Options (July 1990) 52.219-1 Small Business Program Representations (Apr 2012) (Quoters are required to include a completed copy of this provision with their quote or a statement stating that it is available via the SAM’s website, https://www.sam.gov/portal/public/SAM/#1 ) 52.223-1 Biobased Product Certification (May 2012) https://www.fbo.gov/ http://www.acquisition.gov/far/ http://www.dot.gov/ost/m60/tamtar/part1252.htm mhtml:file://C:\Documents%20and%20Settings\Glen.Spears\Desktop\SOM%20FY11%20Fire%20Systems%20Maint\TSSOM%20CSS%20Fire%20Systems.mht!https://voa.marad.dot.gov/Solicitation_Awards/docs/mar-380/MARAD Clauses MCL for HTML.htm https://www.sam.gov/portal/public/SAM/#1 https://www.sam.gov/portal/public/SAM/#1

52.233-2 Service of Protest.

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from:

Ms. Melinda Simmons-Healy Contracting Officer, US Department of Transportation, Maritime Administration Building 19, Suite 300 7737 Hampton Blvd Norfolk, VA 23505

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

The following FAR clauses apply to this solicitation:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.212-4 Contract Terms and Conditions—Commercial Items (Sept 2013) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Nov 2013)

(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 items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(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 items:

_X_(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_(2) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

_X_(3) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

_X (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

_X (5) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

_X (6) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_(7) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Nov 2013) (E.O. 13126).

_X (8) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X (9) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_(10) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_(11) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_(12) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

_X_(13) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

_X_(14) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

_X_(15) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_X_(16) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

(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 items:

_X_(17) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

https://acquisition.gov/far/current/html/Subpart%2033_1.html#wp1088681 https://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_233_240.html#wp1113344 https://acquisition.gov/far/current/html/52_200_206.html#wp1137622 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://acquisition.gov/far/current/html/52_200_206.html#wp1141649 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_207_211.html#wp1140926 https://acquisition.gov/far/current/html/52_207_211.html#wp1146366 https://acquisition.gov/far/current/html/52_217_221.html#wp1139913 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1147479 https://acquisition.gov/far/current/html/52_222.html#wp1147630 https://acquisition.gov/far/current/html/52_222.html#wp1147656 https://acquisition.gov/far/current/html/52_222.html#wp1147711 https://acquisition.gov/far/current/html/52_222.html#wp1158632 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1148097 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1148123 https://acquisition.gov/far/current/html/52_223_226.html#wp1188603 https://acquisition.gov/far/current/html/52_223_226.html#wp1168995 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_223_226.html#wp1169608 https://acquisition.gov/far/current/html/52_232.html#wp1153351 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1160021 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

APPLICABLE SERVICE CONTRACT ACT WAGE DETERMINATION: The Service Contact Act wage determination applicable to this requirement is available online at the following address:

http://www.wdol.gov/wdol/scafiles/std/05-2543.txt?v=15

(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 items. 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110- 247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

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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 5 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 60 months.

52.222-20 Walsh-Healey Public Contracts Act (Oct 2010) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-25 Affirmative Action Compliance (Feb 1999) 52.223-6 Drug-Free Workplace (May 2001) 52.232-8 Discounts for Prompt Payment (Feb 2002) 52.232-18 Availability of Funds (Apr 1984) 52.232-23 Assignment of Claims (Jan 1986) 52.233-1 Disputes (July 2002) with Alternate 1 (Dec 1991)

The following TAR clauses apply to this requirement:

1252.223-73 Seat Belt Use Policies and Programs 1252.242-73 Contracting Officer’s Technical Representative

The following Maritime Administration (MCL) apply to this requirement:

MCL.H-2 Supplemental Work Requests (Subparagraph (d)(10) is $5,000.00) MCL.H-3 Indemnity and Insurance MCL.H.4 Indemnity and Insurance (Additional) (All limits up to $5,000,000.00 are revised to $1,000,000.00 for this solicitation) MCL.H-6 Standards of Employee Conduct MCL.H-7 Environmental Concerns/Asbestos Related/Hazardous Materials/Petroleum and Petroleum Products:

Environmental Compliance MCL.H-10 Supplemental Growth Requirements MCL.H-11 Disposition of Removed Equipment and Scrap MCL.H-12 Maritime Liens, No Authority to Incur MCL.L-2 Agency Protests

DAMAGE TO GOVERNMENT FACILITIES: Damage to any facility, interior/exterior equipment, or systems caused by the contractor, as a result of work performed under this contract, shall be repaired by the contractor at his/her own expense. The contractor shall be required to repair or replace all items and components, to return the damaged area to its condition before the damage incident.

STATEMENT OF WORK

General Intent: The contractor shall deliver quantities of either B-20 Biodiesel or Marine Diesel #2 Fuels to the James River Reserve Fleet as requested by telephone calls from either the JRRF Fleet Superintendent or the Harbor Master. The contractor will be compensated based on the market price for the specific fuel ordered as established by the Oil Price Information Service (OPIS) reference price per gallon as of the date of delivery plus a delivery cost awarded under this contract (also a price per gallon) to be added to the applicable OPIS reference price.

Specifications:

The vessels requiring the fuel are a 7500 gallon capacity tug boat and a self-propelled crane with a 10,000 gallon capacity

The tugs fill capacity is 4 ½” and are filled from there with the nozzle in the tank Marine Diesel Fuel shall be Fuel Oil Burner #2; Red Dye Product Code FS-2 delivered by truck to vessel pier side.

Bio-Diesel Fuel shall be a blend of 20% Bio-diesel Fuel Blend stock (B100) that meets

ATM D6751-09a and 80% Marine Diesel Fuel Oil Burner #2; Red Dye product FS-2 delivered by truck to vessel pier side.

The pier is owned by MARAD Deliveries shall be made Monday – Thursday between the hours of 0800 - 1300

Projected Quantity: It is projected by MARAD that the annual quantity of fuel ordered during a one-year period of performance will be:

1. B-20 Biodiesel Fuel: approximately 24,580 gallons

2. Marine Diesel #2: approximately 4,800 gallons

3. The average quantity per delivery is between 4200 and 4500 gallons

MARAD will be obligated to pay only for the actual quantity of fuel delivered.

In the event that, during a one-year period of performance, the quantity of a type of fuel ordered is more than 15% less than projected above, the contractor may request that an equitable adjustment be negotiated to the delivery cost awarded under the contract for the one-year performance period involved.

GREEN PROCUREMENT STATEMENT

The Maritime Administration has instituted a Green Procurement Program for Acquisition and Procurement. This initiative includes acquisition of low sulfur marine fuel, alternative fuels, alternative-fueled vehicles, bio-based products, Energy Star and energy efficient products, environmentally preferable products, non-ozone depleting substances for air conditioning, recovered material, renewable energy, and water efficient products.

ECONOMIC PRICE ADJUSTMENT

WARRANTIES: The Contractor warrants that –

The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and the prices to be invoiced hereunder shall be computed daily in accordance with the provisions of this clause.

DEFINITIONS: As used throughout this clause, the term-

BASE REFERENCE PRICE (BRP): The BRP shall be established in writing by issuance of a contract modification within five calendar days following award of the contract. The BRP shall be the OPIS Rack Price for the date of the contract award. The contractor shall furnish to the Contracting Officer a copy of the Published OPIS rack price in effect on the contract award date for both B-20 Biodiesel and Marine Diesel #2. The same procedure will be followed each time MARAD exercises an optional period of performance. The BRP applicable to the period of performance (base or option periods) will be used in establishing the UPWARD CEILING ECONOMIC PRICE ADJUSTMENT as described below.

Reference price: This means the end of day OPIS contract average effective that day for the product delivered to MARAD. In the event there is no price published for date of delivery, then it shall be the item’s reference as last previously published.

Date of delivery: This means the date product is delivered to MARAD.

Published: This means the price issued in either print or electronic format by OPIS, unless otherwise specifically stated. In the event of a conflict between the prices set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail, unless otherwise specified.

OIL PRICE INFORMATION SERVICE (OPIS): The reference price in effect on the date of delivery shall be the end of day OPIS contract average effective that day. In the event there is no price published for date of delivery, then it shall be the item’s reference as last previously published.

CALCULATIONS: The prices payable hereunder shall be determined by adding to the award price the same number of cents, or fraction thereof, that the daily reference price increases or decreases, per like unit of measure.

All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places, truncated.

B-20 Biodiesel Fuel: Pricing for invoicing purposes shall be based on a unit price in dollars/gallon delivered which is the sum of the following two components:

1. The daily OPIS B-20 Biodiesel Rack Price (dollars per gallon) for the date of delivery and the product delivered. Invoices shall include a copy of the Published OPIS price in effect on the date of delivery.

2. The contract awarded unit price (dollars per gallon) for cost of delivery during the period of performance which shall include all labor, equipment, transportation expenses, overhead, general and administrative expenses and profit.

The two component unit prices shall be summed and multiplied by the actual quantity delivered to arrive at the invoice amount. The invoice amount shall be rounded to the nearest cent.

Marine Diesel #2 Fuel: Pricing for invoicing purposes shall be based on a unit price in dollars/gallon delivered which is the sum of the following two components:

1. The daily OPIS Marine Diesel #2 Rack Price (dollars per gallon) for the date of delivery and the product delivered. Invoices shall include a copy of the Published OPIS price in effect on the date of delivery.

2. The contract awarded unit price (dollars per gallon) for cost of delivery during the period of performance which shall include all labor, equipment, transportation expenses, overhead, general and administrative expenses and profit.

The two component unit prices shall be summed and multiplied by the actual quantity delivered to arrive at the invoice amount. The invoice amount shall be rounded to the nearest cent.

REVISION OF PUBLISHED REFERENCE PRICE: In the event—

(I) Any applicable reference price is discontinued or its method of derivation is altered substantially; or (II) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions, the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the reference price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with FAR Clause 52.233-1 – Disputes.

FAR CLAUSE 52.212-4 TERMS AND CONDITIONS – COMMERCIAL ITEMS - FAILURE TO DELIVER.

Notwithstanding any other provisions of this clause, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence within the meaning of clause paragraph (f), Excusable delays and (m), Termination for cause or is the result of an agreement made in accordance with paragraph (c), Changes section of this clause in which case the purchase order shall be amended to make an equitable extension of the delivery schedule.

UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 120 percent of the base reference price.

(I) If any time the Contractor has reason to believe that within the near future a price adjustment under the provisions of this clause will be required that will exceed the current contracting ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with an appropriate explanation and documentation as required by the Contracting Officer.

(II) If an actual increase in the reference price would raise a contract unit price above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.

EXAMINATION OF RECORDS: The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify the Contractor adherence to this provision.

FINAL INVOICE: The Contractor shall include a statement of final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

PUBLICATION: The following index is to be used:

OPIS – Oil Price Information Service PAD Reports (average daily price for Norfolk, VA #2 Diesel) OPIS (average daily price for Norfolk, VA B-20 Biodiesel)

INSTRUCTIONS TO QUOTERS

Responsible sources shall provide the following:

1. Technical - B-20 Biodiesel fuel oil and Marine Diesel #2 fuel oil certifications as stated above in the statement of work.

2. Past Performance - Past Performance information for similar services done in the past three (3) years. The past performance information shall include the agency or company name and address, a point of contact to include telephone number and e-mail address, date of service, type of service provided, period of performance and amount of contract.

3. Price - Price quote to be completed in accordance with Attachment 1 for the base year and option years. NOTE:

for the option years, please specify the basis of escalation (i.e. CPI/PPI)

4. Identify payment terms (i.e. Net 30)

5. Remittance address, Tax Identification Number, Dunn and Bradstreet number and CAGE Code

6. Validity of quote. (State that quote is valid for 60 days from solicitation response date).

Responses to this solicitation are due 4 April 2014 at 2:30 p.m. Eastern Standard Time. LATE QUOTES MAY NOT BE CONSIDERED FOR EVALUATION. All Quotes are to be emailed to tina.gillespielucas@dot.gov. No faxed quotes will be accepted. Please reference the solicitation number on your quote. Questions regarding this combined synopsis/solicitation shall be submitted via e-mail to Tina Gillespie-Lucas by 24 March 2014 at 2:30 p.m.

INVOICE SUBMISSION INSTRUCTIONS – MARAD

The Contractor may submit invoices in either electronic or paper format. Electronic submission is preferred.

(1) Electronic invoices shall be addressed to MARADInvoices@faa.gov, with copy to MARADSARInvoices@dot.gov

Electronic invoices shall conform to the following criteria, or be subject to rejection:

a. Invoice and supporting documentation shall be in Adobe Acrobat (pdf) format.

b. The e-mail subject shall include the contract/purchase order number and invoice number.

c. The transmitting e-mail shall include the following information: Name of the Contractor; Invoice date and number; Invoice amount; Contract number and, if applicable, the order or modification number; Terms of any discount for prompt payment offered; Payment instructions (i.e., financial institution, ABA routing #, account #)

(2) Paper invoices shall be submitted to one of the following addresses. Multiple copies are not required.

mailto:tina.gillespielucas@dot.gov mailto:MARADInvoices@faa.gov mailto:MARADSARInvoices@dot.gov

MARAD A/P SAR Invoices Branch

AMZ-160

PO Box 25710 Oklahoma City, OK 73125

If a street address is required for delivery (i.e., Federal Express), the following address may be used in lieu of the post office box:

MARAD A/P SAR Invoices Branch

AMZ-160

6500 S MacArthur Blvd.

Oklahoma City, OK 73169

ATTENTION: Minority, Women-Owned, and Disadvantaged Business Enterprises (DBEs). The Department of Transportation (DOT), Short-Term Lending Program (STLP) offers working capital financing in the form of lines of credit to finance accounts receivable for transportation related contracts. Maximum line of credit is $750,000 with interest at the prime rate, as published daily in the Wall Street Journal, plus 1.75 percent. For further information, call (800) 532-1169 or e-mail stlpinfo@dot.gov.

mailto:stlpinfo@dot.gov

52.233-2 Service of Protest.