BPA_SynSol_F_20_Jan_2015_(Gross).docx

GENERAL INFORMATION

The 42nd Contracting Squadron has a requirement to purchase items as described in this document. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, 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.

This requirement is issued as a Request for Quote (RFQ) (Reference-Number BPA-MAX-FIRE DEPT-0001). The solicitation document and incorporated provisions and clauses are those in effect the Federal Acquisition Circular 2005-79 (15 Dec 2014) and the DPN 20141216 effective 16 Dec 2014.

A firm fixed priced Blanket Purchase Agreement (BPA) will be awarded in accordance with the following:

NAICS Code: 211112; size standard: 500 employees The Defense Priorities and Allocations System rating is C9E.

IMPORTANT NOTE:

THE GOVERNMENT IS SOLICITING FOR “OPEN MARKET” QUOTES ONLY. GENERAL SERVICES ADMINISTRATION (GSA) QUOTES WILL NOT BE CONSIDERED.

NATURE OF ACQUISITON:

This is a Blanket Purchase Agreement (BPA) for the below listed items in support of the Maxwell AFB Fire Department. The 42nd Contracting Squadron intends to award multiple, five-year BPAs, utilizing full and open competition.

SCHEDULE OF SUPPLIES/SERVICES:

This BPA is for the purchase of propane fuel. See attached price list for quantities. The Contractor is responsible for supplying and delivering propane fuels under this BPA. See “Blank Purchase Agreement Terms & Conditions” below for details of this BPA.

BLANKET PURCHASE AGREEMENT TERMS & CONDITIONS

1. Description of Agreement. The contractor shall provide propane fuel, if and when requested by the contracting officer or the authorized representative of the contracting during a specified period (see paragraph “2” below” and within a stipulated aggregate amount.

2. Duration of BPA. The duration of this BPA will be for a period of five (5) years projected to commence 13 Feb 2015 and end 14 February 2020.

3. Extent of Obligation. The Government is only obligated to the extent of authorized calls actually placed under this BPA.

4. Pricing: The contractor’s prices to the government shall be as low as or lower than those charged the contractor’s most favored customer for comparable quantities under similar terms and conditions in addition to any discounts.

5. Purchase Limitation: Individual calls under this agreement will not exceed $10,000.00.

6. Individuals authorized to purchase under this BPA: A list of individuals authorized to place calls under the BPA, identified either by title of position or by name of individual, organizational component, and the dollar limitation per call for each position title or individual shall be furnished to the BPA Holder by the contracting officer.

7. Delivery Tickets: All delivery of Propane Fuel shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

8. Paying Office: Payment will be made by: GOVERNMENT PURCHASE CARD

9. Funding: This is an unfunded BPA. GPC will be used to pay for monthly calls placed against the BPA.

10. Modification of Agreement. The 42d Contracting Squadron, Maxwell AFB, AL, is the only U.S. Government agency authorized to modify the terms and conditions of the BPA agreement.

11. Unauthorized Calls: Commodities provided herein and called for by an individual not authorized to place calls by the contracting officer, constitutes an unauthorized call and an act of the contractor’s own undertaking. The Government shall not be liable for any claims or damages as a result thereof.

12. Calls-- Calls will be made electronically, orally or by general correspondence. Contractor personnel receiving such calls verbally should assure themselves that sufficient information is obtained to prepare delivery tickets. The contractor shall be paid in accordance with the approved Price List.

QUOTATION PREPARTION INSTRUCTIONS

To ensure timely and equitable evaluation of quotes, offerors must comply with instructions contained herein. Quotes must be complete, self-sufficient, and respond directly to the requirements of this RFQ.

a. Price List: The Government proposes to establish multiple BPAs. A BPA is not a binding contract, it is an agreement, and as agreements, prices must be set prior to any orders being placed against the BPA. Review ALL terms and conditions of this RFQ and complete the attached price list. Price list must be submitted on company letter head and indicate the effective and expiration dates.

b. Offerors must include a completed copy of the provisions at FAR 52.212-3, Alternate I, Offeror Representations and Certifications – Commercial Items and DFARS 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

c. To be eligible to receive an award resulting from this RFQ, contractors must be registered in the DoD Systems for Award Management (SAM) database, no exceptions. To register, please visit http://www.sam.gov or by calling 1-866-606-8220.

d. Responses to this notice shall be provided in writing via e-mail to DeAndre Gross at deandre.gross@us.af.mil AND MSgt Jason Compton at jason.compton.2@us.af.mil. All responses shall be received NLT 2:00 PM CST on 3 Feb 2015. Email is the preferred method. Points of Contact: DeAndre Gross, Contract Specialist, Phone (334) 953-5227, Fax (334) 953-3543 and MSgt Jason Compton, Contracting Officer, Phone (334) 953-3526.

BASIS FOR AWARD

BPA(s) will be awarded to the lowest priced offerors that take no exceptions to the terms and conditions of this RFQ.

Price: The Government may use any of the following price analysis techniques IAW FAR 13.106-3(a) to determine price reasonableness: competitive quotes, comparison of the proposed price with prices found reasonable on previous purchases, a comparison with similar items in a related industry, comparison to an independent Government estimate, or any other reasonable basis.

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance (JUL 2013) 52.209-6

(OCT 2014)

52.232-36 Payment by Third Party (May 2014)

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JUL 2014)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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.

(b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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 (Dec 2010) (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 (1) 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 (Jul 2012).

(xiii) 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.

(xiv) 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.

(End of Clause)

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):

http://farsite.hill.af.mil/

(End of clause)

52.252-6 Authorized Deviations in Clauses (APR 1984)

(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 Federal Acquisition Regulation (48 CFR Chapter 1clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

5352.201-9101 OMBUDSMAN (APR 2014)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Primary: Mr. David E. Jones, Deputy Chief, Contracting Division, HQ AFICA/KT; Alternate: Mr. Stephen G. Smith, Chief, Acquisition Support Branch, HQ AFICA/KTC; Address: 2035 First Street West, Ste 1, JBSA Randolph AFB TX 78150-4324; Telephone Numbers: (210) 652-7907 or (210) 652-7075; Facsimile Number: (210) 652-8344; and E-mail Addresses: david.jones.3@us.af.mil or stephen.smith@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/HQ AFICA/AFISRA/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

(End of clause)

SPECIAL INSTRUCTION 114 REQUIRED POSTERS

Please utilize the following website to access and download as appropriate EEO posters, Service Contract posters, and disability posters required in accordance with 52.222-26, 52.222-41, and 52.222-36 respectively.

http://www.dol.gov/osbp/sbrefa/poster/main.htm

Attachment PRICE LIST

Year 1 (13 Feb 2015 – 14 Feb 2016) Item Number Description of Requirement

Quantity (gallons) Unit Price Total Price

Year 2 (13 Feb 2016 – 14 Feb 2017) Item Number Description of Requirement

Quantity (gallons) Unit Price Total

Year 3 (13 Feb 2017 – 14 Feb 2018) Item Number Description of Requirement

Quantity (gallons) Unit Price Total

Year 4 (13 Feb 2018 – 14 Feb 2019) Item Number Description of Requirement

Quantity (gallons) Unit Price Total

Year 5 (13 Feb 2019 – 14 Feb 2020) Item Number Description of Requirement

Quantity (gallons) Unit Price Total

TOTAL COST: __________________

PROVISIONS INCORPORATED BY REFERENCE

PROVISIONS INCORPORATED BY FULL TEXT

52.212-3, Alt 1 Offeror Representations And Certifications--Commercial Items (DEC 2014) Alternate I (MAY 2014)

Offerors are reminded that Representations and Certifications are maintained at the following website: https://www.sam.gov/. In the event Representations and Certifications are not on file, Offerors must include a completed copy of the provisions at FAR Part 52 or on on-line at http://farsite.hill.af.mil. (May 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

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://farsite.hill.af.mil/farsite.html

(End of provision) 252.225-7035 Buy American--Free Trade Agreements--Balance of Payments Program Certificate (NOV 2014)

(a) Definitions. “Bahrainian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “foreign end product,” “Moroccan end product,” “Panamanian end product,” “Peruvian end product,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the Buy American—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation.

(b) Evaluation. The Government—

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahrainian end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation, the offeror certifies that—

(i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; and

(ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror shall identify all end products that are not domestic end products.

(i) The offeror certifies that the following supplies are qualifying country (except Australian or Canadian) end products:

(Line Item Number) (Country of Origin)

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahrainian end products, Moroccan end products, Panamanian end products, or Peruvian end products:

(Line Item Number) (Country of Origin)

(iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of “domestic end product”:

(Line Item Number) (Country of Origin (If known)) (End of provision)