E-36_Potassium_Acetate_COMBO.pdf

COMBINED SYNOPSIS/SOLICITATION ‘COMBO’:

Cryotech Brand E-36 Potassium Acetate

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, utilizing the Simplified Acquisition Procedure (SAP) under FAR Part 13.5, Test Program for Certain Commercial Items, 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.

(ii) Solicitation FA5000-15-T-0094 is issued as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83, effective 2 Jul 2015. All incorporated DFARS provisions and clauses are those in effect through DPN 20150626, effective 26 Jun 2015. All incorporated AFFARS provisions and clauses are those in effect through AFAC 2015-0406, effective 06 Apr 2015.

(iv) This solicitation is not set-aside for small businesses, however small business concerns are encouraged to provide a quote. The North American Industrial Classification System (NAICS) code associated with this procurement is 325199 with a small business size standard of 1000 employees.

(v) The Pricing Schedule is incorporated as Attachment 1. Offerors shall complete Attachment 1 in its entirety and return with any other documentation/data as required by this Combo.

(vi) This requirement is solicited as brand name only. The government intends to award an Indefinite-Delivery Indefinite-Quantity contract with economic price adjustment for Cryotech Brand Potassium Acetate (E-36) Liquid Runway Deicer meeting or exceeding all SAE AMS 1435B standards and including bulk tanker truck delivery/transfer into storage tanks. The ordering period will be for 5 years IAW DFARS 217.204(e)(i)(A).

(vii) Delivery shall be FOB Destination. Contractor shall include delivery schedule information on the Pricing Schedule, Attachment 1. All items shall be delivered to:

773 CES

9361 Johnson Avenue

Joint-Base Elmendorf Richardson Alaska, 99506

(viii) FAR 52.212-1 Instructions to Offerors -- Commercial Items (April 2014) is hereby incorporated by reference, with the same force and effect as if it were given in full text. In addition to the following addendum, all terms and conditions of FAR 52.212-1 remain in effect.

The following have been tailored to this procurement and are hereby added via addendum:

(a) To assure timely and equitable evaluation of the quotes, the Offerors must follow the instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

(b) Specific Instructions: The response shall consist of two (2) separate parts:

(1) Technical Acceptability - Submit one (1) copy of technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation listed in Attachment 1. NOTE: please include the time required to deliver the product to JBER. The contractor must be able to make deliveries within 2 weeks after receipt of order.

(2) Price – Submit one (1) copy of price schedule listed in Attachment 1. The price requested is for 20,000 gallon of Cryotech E-36. However, the minimum single order will be 10,000 gallons, and the maximum quantity over the life of the contract (5 year ordering period) will be 1,000,000 gallons.

(ix) FAR 52.212-2 Evaluation -- Commercial Items (Oct 2014) this provision has been tailored to this procurement and is provided in full-text below:

(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 will be used to evaluate offers:

(1) Technical

(2) Price

(b) 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, will 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.

(c) BASIS FOR CONTRACT AWARD: This is a competitive Lowest Price Technically Acceptable (LPTA) source selection conducted in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors –Commercial Items, the offeror accedes to the terms of this model contract. Failure to meet a requirement may result in an offer being determined unacceptable. Award will be made to the lowest priced offer that meets the acceptability standards for non-price factors. The evaluation process will include the following:

(1) Technical Acceptability Factor. The government will evaluate technical description on a pass/fail basis and assign an Acceptable or Unacceptable rating as described in Table 1 below.

Table 1. Technical Ratings Rating Description

Acceptable Offer clearly meets the minimum requirements of the solicitation. The offer must provide Cryotech brand E-36 potassium acetate that is certified to meet SAE AMS 1435B standards as specified in attachment 1. The Offeror must have the capability to deliver the product in bulk and transfer it into the JBER storage tanks within two weeks of receipt of order.

Unacceptable The offer does not clearly meet the minimum requirements of the solicitation.

(3) Price Evaluation Factor. The government will rank all quotations by lowest price. The price evaluation will document the fairness and reasonableness.

(4) Offerors are cautioned to submit sufficient information and in the format specified in 52.212-1, Instructions to Offerors – Commercial Items, of this solicitation. Offerors may be asked to clarify certain aspects of their proposals. Exchanges conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for quote revision. The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

(5) Award will be made to the lowest priced quotation that meets the acceptability standards for non-price factors.

(End of Provision)

(x) Each offeror shall ensure the provision at FAR 52.212-3 including its Alternate I, Offeror Representations and Certifications--Commercial Items (Mar 2015), are updated at www.sam.gov. Failure to obtain SAM registration will result in submissions not being considered for award.

(xi) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (May 2015), is hereby incorporated by reference, with the same force and effect as if it were given in full text.

(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders – Commercial Items (May 2015), is hereby incorporated by reference, with the same force and effect as if it were given in full text. Additionally, the following clauses apply to this acquisition:

FAR 52.203-3 Gratuities Apr 1984

FAR 52.203-6 Alt I Restrictions on Subcontractor Sales to the Government Oct 1995

FAR 52.203-13 Contractor Code of Business Ethics and Conduct Apr 2010

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

Jul 2013

FAR 52.204-18 Commercial and Government Entity Code Maintenance Nov 2014

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Dec 2014

FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Aug 2013

FAR 52.209-7 Information Regarding Responsibility Matters Jul 2013

FAR 52.209-9 Updates of Publically Available Information Regarding Responsibility Matters

Jul 2013

FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

Oct 2010

FAR 52.219-8 Utilization of Small Business Concerns Oct 2014

FAR 52.219-28 Post Award Small Business Program Representation Jul 2013

FAR 52.222-3 Convict Labor Jun 2003

FAR 52.222-19 Child Labor--Cooperation With Authorities and Remedies Jan 2014

FAR 52.222-21 Prohibition of Segregated Facilities Apr 2015

FAR 52.222-26 Equal Opportunity Apr 2007

FAR 52.222-35 Equal Opportunity for Veterans Jul 2014

FAR 52.222-36 Affirmative Action for Workers with Disabilities Jul 2014

FAR 52.222-37 Employment Reports on Veterans Jul 2014

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

Dec 2010

FAR 52.222-50 Combating Trafficking in Persons Mar 2015

FAR 52.222-54 Employment Eligibility Verification Aug 2013

FAR 52.223-18 Encouraging Contractor Policies to Ban Text-Messaging While Driving

Aug 2011

FAR 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008

FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management

Jul 2013

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013

FAR 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels Feb 2006

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011

DFARS 252.203-7003 Agency Office of the Inspector General Dec 2012 DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials Nov 2011

DFARS 252.204-7011 Alternative Line Item Structure Sep 2011

DFARS 252.204-7012 Safeguarding of Unclassified Controlled Technical Information Nov 2013

DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors Feb 2014

DFARs 252.205-7000 Provision of Information to Cooperative Agreement Holders Dec 1991

DFARs 252.215-7008 Only One Offer Oct 2013

DFARs 252.222-7007 Representation Regarding Combating Trafficking in Persons Jan 2015

DFARs 252.223-7008 Prohibition of Hexavalent Chromium Jun 2013

DFARs 252.225-7000 Buy American Statute--Balance of Payments Program Certificate Nov 2014

DFARs 252.225-7001 Buy American and Balance of Payments Program Nov 2014

DFARs 252.225-7012 Preference for Certain Domestic Commodities Feb 2013

DFARs 252.225-7031 Secondary Arab Boycott of Israel Jun 2005

DFARs 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

Dec 2014

DFARs 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

Sep 2004

DFARs 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports Jun 2012

DFARs 252.232-7006 Wide Area Work Flow Payment Instructions May 2013

DFARs 252.232-7010 Levies on Contract Payments Dec 2006

DFARs 252.243-7002 Requests for Equitable Adjustment Dec 2012

DFARs 252.244-7000 Subcontracts for Commercial Items Jun 2013

DFARs 252.247-7022 Representation of Extent of Transportation by Sea Aug 1992

DFARs 252.247-7023 Transportation of Supplies by Sea Apr 2014

(xiii)

FAR 52.216-2 Economic Price Adjustment

As prescribed in 16.203-4(a), insert the following clause. This clause has been modified by increasing the 10 percent limit on aggregate increases, upon approval by the chief of the contracting office.

Economic Price Adjustment -- Standard Supplies (Jan 1997) DEVIATION

(a) The Contractor warrants that the unit price stated in the Schedule for CLIN 0001 is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term “unit price” excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice.

The term “established price” means a price that --

(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each change in price on or before 1 July each year of the contract. Each corresponding contract unit price shall be changed by the same percentage that the established price is changed.

The change in price shall apply to those items delivered on and after the effective date of the change in the Contractor’s established price, and this contract shall be modified accordingly.

(c) Price adjustment will only occur one time per year. The Contractor will provide all documentation required in subparagraphs (f)(1) and (f)(2) to establish a change on or before 1 July each year. The new price will be effective 1 August of the same year. If the price change documentation is received later than 1 July, the new price will be effective once Contracting Officer receives and verifies the change in the applicable established price and is able to modify the contract. The new effective price will last until a price adjustment is established the following year.

(d) The change in contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(1) No modification changing a contract unit price shall be executed until the Contracting Officer verifies the change in the applicable established price.

(2) Within 30 days after receipt of the Contractor’s price change documentation or by July 31 each year if no price change documentation is received, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested change.

(e) During the time allowed for the cancellation provided for in subparagraph (d)(2) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, changed to the extent provided by paragraph (c) of this clause.

(f) The aggregate of the increase or decrease in any contract unit price under this clause will only change based on the two established material indices from which the unit item price is derived.

The two material indices that will be used for price adjustment calculations are acetic acid and potassium hydroxide.

(1) The price for acetic acid will be based on the Tecnon Monthly Price Monitor:

Domestic Bulk average price for Acetic Acid US prices determined at the end of the month of May each year.

(2) The price for potassium hydroxide will be based on the IHS Chemical Global Chlor- Alkali Monthly Market Summary average for North America Potassium Hydroxide (KOH) product prices at the end of the month of May each.

(3) The following formula to determine the price change for one gallon of potassium acetate liquid runway deicer each year, will be used:

Step 1: The change in acetic acid price from the base price × 0.33 Step 2: The change in potassium hydroxide price from the base price × 0.67 Step 3: Add the increase/decrease from step 1 and 2 together to show the total increase/decrease per pound.

Step 4: Multiply the result from step 3 by 10.68 to convert the increase/decrease per pound to a per gallon basis.

Step 5: Round the change per gallon to the nearest penny Step 6: Add the result of step 6 to the previous year’s price

In calculating the change in cost, each pound of potassium acetate deicer contains approximately .33 pounds of acetic acid and .67 pounds of potassium hydroxide. The weight of a gallon of potassium acetate deicer is approximately 10.68 pounds.

(End of Clause)

52.216-18 – Ordering.

As prescribed in FAR 16.506(a), insert the following clause:

Ordering (Oct 1995)

(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 Schedule. Such orders may be issued from September 2015 through September 2020.

(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) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-22 -- Indefinite Quantity.

As prescribed in 16.506(e), insert the following clause:

Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after September 2020.

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:

James B. Ting 25 E. Street, Suite D-306

JBPH-H, HI 96853-5427

Phone: (808) 449-8569

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.

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

Minimum Guarantee: 20,000 gallons

Minimum Single Order: 10,000 gallons

Maximum Quantity (life): 1,000,000 gallons

(xiv) N/A

(xv) NOTICE TO ALL INTERESTED PARTIES:

Quotes are due no later than 10 AM AKDT on 17 August, 2015.

(xiv) Quotations shall be submitted to 1Lt Luke A. Gillis at Luke.gillis.1@us.af.mil. For information regarding this solicitation, contact 1Lt Luke A. Gillis at Luke.gillis.1@us.af.mil.

List of Attachments:

Attachment 1: Pricing Schedule Attachment 2: DFARS 252.203-7998, DFARS 252.203-7999, DFARS 252.209-7992

FA5000-15-T-0094

Attachment 1: PRICING SCHEDULE

1 Page

LINE

ITEM

DESCRIPTION

ESTIMATED

QTY

UI

UNIT

PRICE

EXTENDED

PRICE

0001:

Cryotech Brand Potassium Acetate (E-36) Liquid Runway Deicer meeting or exceeding AMS 1435B standards. Including bulk tanker truck delivery and transfer into existing storage tanks on JBER. Potassium Acetate specifications are below:

Deicing/Anti-icing Fluid for Runways and Taxiways, 50% aqueous potassium acetate solution, by weight, plus corrosion inhibitors.

Must be certified to meet the requirements set by SAE AMS 1435B, “Fluid, Generic, Deicing/Anti-Icing Runways and Taxiways.”

Clear, mobile liquid, free from matter in suspension Density at 68 °F = 11 lbs./gallon maximum Viscosity at 68°F = 10 cp maximum Flash Point at 32°F = 20 cp maximum Freezing Point = -76°F or colder Must be optimized and certified for simultaneous application with Cryotech

NaAc Sodium Acetate solid deicer for anti-icing and deicing runways and taxiways.

Must be approved for use by the F-22 airframe manager.

The ordering period for this CLIN will be 5 years.

20,000 Gal

ESTIMATED TOTAL PRICE:

***Shipping costs to JBER, AK 99506 MUST be included within the unit prices. ***

Offers are hereby good for a minimum of 60 days from this solicitation’s closing date. Offerors may, at their discretion, provide additional time. THIS QUOTE EXPIRES ON: _________________________

Business Size: �Small �Large �Women-Owned �Veteran-Owned �Other:__________________________

Net Terms (Mandatory): DUNS:

Printed Name Title

Signature Date NOTE: The individual signing must be a signatory official for this Entity; signature constitutes agreement to all terms/conditions contained within this solicitation.

Attachment DARS Tracking Number 2015-O0010

Class Deviation—Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements

TAB A1

252.203-7998 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements— Representation. (DEVIATION 2015-O0010)

Insert the following provision in all solicitations that will use funds made available by the Financial Services and General Government Appropriations Act, 2015 (Division E of the Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. 113-235), or any other Act, including solicitations for the acquisition of commercial items under FAR part 12.

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION 2015-O0010)

(FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

Attachment DARS Tracking Number 2015-O0010

Class Deviation—Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements

TAB A1

252.203-7999 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (DEVIATION 2015-O0010)

Insert the following clause in all solicitations and contracts that will use funds made available by the Financial Services and General Government Appropriations Act, 2015 (Division E of the Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. 113-235), or any other Act, including solicitations and contracts for the acquisition of commercial items under FAR part 12, or when obligating FY 2015 funds on existing contracts.

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-O0010)(FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(End of clause)