N6660420A0948.pdf
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SEE ADDENDUM
(No Collect Calls)
N6660420R0948 27-Feb-2020
b. TELEPHONE NUMBER
(401)-832-3560
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 05 Mar 2020
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
N666049. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
JANNA L BECKERT
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
1300828161
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
NAVAL UNDERSEA WARFARE CENTER
JANNA BECKERT, CODE 0222
CONTRACTS DEPARTMENT
1176 HOWELL STREET, BLDG. 1258
NEWPORT RI 02841-1708
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS AX
13b. RATING
DO-C9
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: (401) 832-3560 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,500
NAICS:
324110
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF26
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
N6660420R0948
Section SF 30 - BLOCK 14 CONTINUATION PAGE
BPA INFORMATION
PSC: S111
BACKGROUND
The Dodge Pond Acoustic Measurement Facility is a field station of the Naval Sea Systems Command (NAVSEA) located in Niantic, CT. To fuel the heating system for the barge, the site leases two 1,000-gallon propane tanks from Suburban Propane LP of Coventry RI. The tanks are equipped with 100% containment and are inspected by Government authority annually. The tanks are equipped with level gauges monitored by Facility personnel.
Upon issuance of an order, the contractor shall deliver the specified quantity of HD5 Propane (LPG (H280)) to the appropriate 1,000-gallon tank at the Dodge Pond Facility in Niantic, CT (6 Dodge Court, Niantic, CT 06357).
Deliveries shall be made within two business days of the Contractor’s receipt of the order.
Tanks are to be filled to a minimum of 80% of capacity +/- 2% using a metered delivery truck.
HD5 Propane (LPG (H280)) must have a minimum of 90 percent propane, a maximum of 5 percent propylene, and 5 percent of other gases, such as iso-butane and methane.
Delivery receipt shall be turned in to the Dodge Pond Main Office.
An appointment for delivery is MANDATORY for contractors, their employees, and agents to the Dodge Pond Facility. It is MANDATORY that the Delivery Driver (and any other Contractor personnel) shall check in at the Main Office during every visit, prior to proceeding to tank locations. When filling the tanks the Contractor’s personnel shall be escorted by Dodge Pond Facility personnel.
The below information is provided in accordance with FAR 13.303-3 ‘Preparation of BPAs’
DESCRIPTION OF AGREEMENT
Upon issuance of an order, the contractor shall provide delivery of the specified quantity of HD5 Propane (LPG (H280)) to the appropriate 1,000-gallon tank at the Dodge Pond Facility in Niantic, CT.
BPA MASTER DOLLAR LIMIT: $89,000.00
BPA CALL LIMIT: $3,000.00
PERIOD OF PERFORMANCE: Date of Award though 07/29/2024
EXTENT OF OBLIGATION
The Government is obligated only to the extent of authorized purchases actually made under the BPA.
PURCHASE LIMITATION
NOTE: Dodge Pond has historically used approximately 4,800 gallons of propane and placed 4.67 orders annually.
Deliveries are usually between 950 and 1,100 gallons for each delivery.
INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA
a. For all Orders of any value over $3,000.00, a warranted Contracting Officer at the Naval Undersea Warfare
Center Division Newport within the limitation of each individuals’ specified warrant is authorized to purchase under this BPA.
b. This BPA permits only Government employees specifically authorized, to place calls against it. THIS MUST BE
STRICTLY ADHERED TO.
c. Any services rendered pursuant to a call by an unauthorized person are performed at the contractor’s risk and may result in non-payment and possible cancellation of this agreement.
DELIVERY TICKETS
All deliveries under the agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:
i. Name of supplier.
ii. BPA number.
iii. Date of purchase.
iv. Purchase number.
v. Itemized list of supplies furnished.
vi. Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).
vii. Date of delivery.
INVOICES: Invoices shall be submitted for each individual order placed. No third party billing is allowed.
EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized BPA calls actually made under the BPA.
Section E - Inspection and Acceptance
CLAUSES INCORPORATED BY REFERENCE
52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996
CLAUSES INCORPORATED BY FULL TEXT
E-246-H016 INSPECTION AND ACCEPTANCE OF F.O.B. DESTINATION DELIVERIES (NAVSEA) (OCT 2018)
Item(s) CLIN 0001 - Inspection and acceptance shall be made at destination by a representative of the Government.
(End of text)
Section F - Deliveries or Performance
BASE ACCESS REQUESTS
1.0 APPOINTMENTS FOR DELIVERY
An appointment for delivery is MANDATORY for contractors, their employees, and agents to the Dodge Pond Facility. Delivery dates will be specified in each BPA Call.
The delivery driver (and any other accompanying contractor personnel) shall check in at the Dodge Pond Main Office at 6 Dodge Court, Niantic, CT 06357, to meet the Government escort.
1.1 VISIT AUTHORIZATION REQUEST (VAR)
A visit request is MANDATORY for all visitors to Dodge Pond, regardless of the duration or classification of the visit. Access will not be granted under any circumstances without a valid VAR on file.
Separate VAR need to be submitted for the site visit and contract performance.
For more information about VAR, contact Dodge Pond Security at (860) 739-9616
1.1.1 JPAS VAR SUBMISSION
The preferred method to submit your VAR is through the Joint Personnel Adjudication System (JPAS). If using JPAS, a minimum of THREE (3) BUSINESS DAYS processing time is required.
All VAR must contain all information listed under paragraph 9.1.3 REQUIRED INFORMATION
FOR VAR.
JPAS Security Management Office (SMO) Code: 41917
1.1.2 EMAIL VAR SUBMISSION
If your company does not have access to JPAS, you may also submit a VAR via email. If using email, a minimum of SEVEN (7) BUSINESS DAYS processing time is required.
NOTE: the VAR contains Personally Identifiable Information (PII) which should be protected. If you have the ability to password individual files, it is recommended that two emails are sent, as follows: (1) send password protected form(s), and (2) send password.
All VAR must contain all information listed under paragraph 1.1.3 REQUIRED INFORMATION
FOR VAR.
Send VAR to the following addresses: robert.p.flath@navy.mil & jed.s.miller@navy.mil
1.1.3 REQUIRED INFORMATION FOR VAR
Unless submitted via JPAS, VAR must be on COMPANY LETTERHEAD.
The contractor shall include all of the below information on each VAR submitted.
1.1.3.1 Company/Organization Name, Address, Telephone, and FAX Number
1.1.3.2 Commercial and Government Entity (CAGE) Code
1.1.3.3 Visitor(s) Full Name (as it appears on State or Federal Government issued ID)
1.1.3.4 Visitor(s) Full Social Security Number
1.1.3.5 Visitor(s) Date of Birth
1.1.3.6 Visitor(s) Place of Birth (City & State)
- If born outside the United States you MUST provide a Naturalization Number or US
Passport
1.1.3.7 Visitor(s) Citizenship
1.1.3.8 Level of Clearance: UNCLASSIFIED
1.1.3.9 NUWCDIVNPT Point of Contact (Sponsor): TO BE PROVIDED AT AWARD
1.1.3.10 Specific Date(s) of Visit: to be provided in individual BPA Call
1.1.3.11 Purpose of Visit: Fuel Delivery
1.1.3.12 Contract Number: TO BE PROVIDED AT AWARD
1.1.3.13 Authorized Signature
- Name, Title, Signature, and Date of Requesting Company/Organization Authorizing Official (MUST be a US Citizen)
- Smaller companies that do not have a Security Officer to sign may use another Official or Secretary.
- Individuals SHALL NOT Sign their own request
1.2 DODGE POND VISITOR PASS
Once VAR is approved, visitors can pick up their Visitor Pass at the Dodge Pond Main Office located at 6 Dodge Court, Niantic, CT 06357. Visitor must present an ‘Acceptable Identification Document’ when picking up their Visitor Pass.
‘Acceptable Identification Documents’ include:
Common Access Card (CAC) Retired Military or dependent ID (Teslin) Card State issued driver’s license Passport
Visitor Passes will be active for the period each individual requires access to the site, the specific date identified in each BPA call, and will not be available for pick up until the beginning of that specified period, the date of the scheduled delivery.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991
Section G - Contract Administration Data
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
When submitting a request for payment, the Contractor shall--
(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each contract line item included in the payment request.
(End of clause)
G-232-H002 PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT
OFFICE (NAVSEA) (JUN 2018)
(a) The following table of payment office allocation methods applies to the extent indicated.
For Government Use Only
Contract/Order Payment Clause
Type of Payment Request
Su pp ly
Se rv ic e
C on st ru ct io n
Payment Office Allocation Method
52.212-4 (Alt I), Contract Terms and Conditions— Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts
Cost Voucher X X N/A Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.
52.232-1, Payments Navy Shipbuilding Invoice (Fixed Price)
X N/A N/A Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.
52.232-1, Payments;
52.232-2, Payments under Fixed-Price Research and Development Contracts;
52.232-3, Payments under Personal Services Contracts;
52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers
Invoice X X N/A Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.
Contract/Order Payment Clause
Type of Payment Request
Su pp ly
Se rv ic e
C on st ru ct io n
Payment Office Allocation Method
52.232-5, Payments Under Fixed-Price Construction Contracts
Construction Payment Invoice
N/A N/A X Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.
52.232-16, Progress Payments
Progress Payment*
X X N/A Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress Payments are considered contract level financing, and the “contract price” shall reflect the fixed price portion of the contract per FAR 32.501-3.
52.232-29, Terms for Financing of Purchases of Commercial Items;
52.232-30, Installment Payments for Commercial Items
Commercial Item Financing*
X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).
52.232-32, Performance- Based Payments
Performance- Based Payments*
X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).
252.232-7002, Progress Payments for Foreign Military Sales Acquisitions
Progress Payment*
X X N/A Allocate costs among line items and countries in a manner acceptable to the Administrative Contracting Officer.
*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).
(b) This procurement contains the following contract type(s): Firm Fixed Price (FFP)
G-232-H004 GOVERNMENT PURCHASE CARD METHOD OF PAY (NAVSEA) (OCT 2018)
(a) Payment will be made via the Government Purchase Card once evidence of material receipt or service completion and an invoice are received. At the time of shipment, or completion of services, but no later than two business days after shipment, contact the individual identified below to obtain the account number to be charged. The Government Purchase Card must not be charged without first obtaining final authorization from the appropriate Government Purchase Cardholder.
(b) To facilitate delivery, clearly mark all boxes, cartons, containers and packing slips with the order number referenced on the order. Include an itemized and serialized invoice. (NOTE: these numbers can be found on the face of the order or contract.)
(c) To expedite payment, please do not include your invoice with your shipment. Please mail invoice separately to the address below. Any invoice is required for payment to be authorized using the Government Purchase Card. Current DoD and Local policy does not allow the use of third party card processing companies such as Pay Pal, PayPro, etc.
(d) Mail invoices and bankcard authorizations to:
TO BE PROVIDED AT AWARD
Section I - Contract Clauses
52.202-1 Definitions NOV 2013 52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-5 Material Requirements AUG 2000 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2019 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-11 Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons.
JUN 2016
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.244-6 Subcontracts for Commercial Items AUG 2019 52.245-1 Alt I Government Property (JAN 2017) Alternate I APR 2012 52.245-9 Use And Charges APR 2012 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors.
JAN 2018
252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial
Satellite Services.
DEC 2018
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7023 Transportation of Supplies by Sea FEB 2019
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (OCT 2019)
(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 clauses of 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 (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(viii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiv)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).
(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 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.
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/far/
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 Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
Section K - Representations, Certifications and Other Statements of Offerors
52.203-18 Prohibition on Contracting With Entities That Require Certain
Internal Confidentiality Agreements or Statements-- Representation
JAN 2017
52.204-7 System for Award Management OCT 2018 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
DEC 2019
52.225-18 Place of Manufacture AUG 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)
(a) Definitions. As used in this provision--
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 324110.
(2) The small business size standard is 1,500 employees.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(c) Representations. (1) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ --.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ --.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ --.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
Section L - Instructions, Conditions and Notices to Bidders
INSTRUCTIONS TO OFFERORS
1.0 GENERAL INFORMATION
1.1 All questions concerning this procurement, either technical or contractual, must be submitted via email. No direct discussion between the technical representative and prospective offeror will be conducted. Questions and proposals shall be submitted to the following point of contact:
Name: Janna Beckert Email: janna.beckert@navy.mil
2.0 PROPOSAL REQUIREMENTS
2.1 Past Performance
2.1.1 The Offeror shall provide up to three (3) past performance references, if available, that reflect recent and relevant experience performed within three (3) years of the solicitation closing date specified in this requirement. Past performance references shall demonstrate the ability to handle the scope and breadth of the requirement as described in this solicitation. Discuss how the references provided are relevant to the work being proposed.
2.1.2 Past performance references shall include: contract/task order number; contract/task order type; program name; total contract/task order cost; short description of work performed;
and names and valid telephone numbers for the Procuring Contracting Officer (PCO), Contracting Officer’s Representative (COR), and Program Manager (PM) or Point of Contact at the business identified in the past performance reference.
2.1.3 Each past performance reference shall not exceed two (2) pages per reference, for a total of six (6) pages.
2.2 Price
2.2.1 The offeror shall provide its current price per gallon of propane as of the date of solicitation closing. Offeror shall identify if any quanity discounts are available.
52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)
Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Blanket Purchase Agreement (BPA) resulting from this solicitation. Any order placed under the contemplated BPA shall be Firm Fixed Price (FFP).
52.233-2 SERVICE OF PROTEST (SEP 2006)
(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 (addressed as follows) by obtaining written and dated acknowledgment of receipt from
Name: Alison Wicks Email: alison.c.wicks@navy.mil
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
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):
https://www.acquisition.gov/
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (DFARS) (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
Section M - Evaluation Factors for Award
EVALUATION FACTORS
1.0 Award will be made to the responsible Offeror meeting all requirements of the solicitation. The Government intends award without conducting negotiations with the Offeror (except clarifications), but reserves the right to conduct negotiations if determined by the Contracting Officer to be necessary.
(a) The Government will evaluate the price per gallon by performing price analysis in accordance with FAR 15.404- 1(b) to determine if the offeror has fair and reasonable prices.
(b) Past performance is a measure of the degree to which the Offeror satisfied its customers in the past. The past performance evaluation assesses the degree of confidence the Government has in an Offeror’s ability to supply products and services that meet users’ needs based on a demonstrated record of performance. The Government may consider past performance information contained in the Supplier Performance Risk System (SPRS) and the Federal Awardee Performance and Integrity Information System (FAPIIS). The Government may also use other information such as Contractor Performance Assessment Reporting System (CPARS) or other data available from Government sources to evaluate an Offeror’s past performance. The Government reserves the right to limit or expand the number of references it decides to contact, and contact references other than those provided by the Offeror. The Government may consider past performance information obtained from sources other than those identified by the Offeror, including Federal, State, and local Government agencies, Better Business Bureaus, published media and electronic databases. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror will not be evaluated favorably or unfavorably on past performance.
The Offeror will be evaluated and assigned one of the adjectival ratings identified below for Past Performance.
Past Performance. The past performance evaluation results in an assessment of the Offeror's probability of meeting the solicitation requirements. The past performance evaluation considers the Offeror’s demonstrated recent and relevant record of performance in supplying products and services that meet the contract’s requirements. In accordance with FAR 15.305(a) (2), the currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance shall be considered. These are combined to establish one performance confidence assessment rating for the offeror.
There are three aspects to the past performance evaluation: recency, relevancy (including context of data), and quality (including general trends in contractor performance and source of information).
The first is to evaluate the recency of the Offeror’s past performance as defined in Section 2.2 above. Recency is generally expressed as a time period during which past performance references are considered relevant, and is critical to establishing the relevancy of past performance information.
The second is to determine how relevant a recent effort, accomplished by the offeror, is to the effort to be acquired, through the source selection. Relevancy, as it pertains to past performance information, is a measure of the extent of similarity between the service/support effort, complexity, dollar value, contract type, and subcontract/teaming or other comparable attributes of past performance examples and the solicitation requirements; and a measure of the likelihood that the past performance is an indicator of future performance. In establishing what is relevant for the acquisition, consideration should be given to those aspects of an Offeror’s history of contract (or subcontract) performance that would provide the most context and give the greatest ability to measure whether the offeror will successfully satisfy the current requirement. Common aspects of relevancy include, but are not limited to, the following: similarity of product/service/support, complexity, dollar value, contract type, use of key personnel (for services), and extent of subcontracting/teaming.
There are two (2) levels of relevancy as shown below. With respect to relevancy, more relevant past performance will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than past performance of lesser relevance.
Rating Description Relevant Present/past performance effort involved aspects of the scope and magnitude of effort and complexities this solicitation requires.
Not Relevant
Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.
The third aspect of the past performance evaluation is to establish the overall quality of the Offeror’s past performance (see FAR 15.304(c) (2)). The past performance evaluation conducted in support of a current source selection does not establish, create, or change the existing record and history of the Offeror’s past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed those past contracts. The Government will review all past performance information collected and determine the quality of the Offeror’s performance, general trends, and usefulness of the information and incorporate these into the performance confidence assessment. The past performance confidence assessment rating is based on the Offeror’s overall record of recency, relevancy, and quality of performance.
For an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonable assigned, the offeror shall be determined to have a neutral rating and shall be considered “acceptable.”
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