Solicitation 09-R-0222 - 0007 SYNOPSIS.pdf

SP0600-09-R-0222-0007

CEBU/SUBIC BAY PC&S

SYNOPSIS/SOLICITATION

04 AUGUST 2011

PART: U.S. Government Procurements

SUBPART: Supplies, Equipment, and Material

CLASSCODE: 91- Fuels, Lubricants, Oils and Waxes

OFFADD: Defense Logistics Agency Energy, 8725 John J. Kingman Road, Suite 4950, Ft. Belvoir, VA 22060-

SUBJECT: COMBINED SYNOPSIS/SOLICITATION–PHILIPPINES POSTS, CAMPS, & STATIONS–DIESEL FUEL #2

SOL: SP0600-09-R-0222 - 0007

DUE: August 15, 2011, 3pm Local Fort Belvoir, VA time

POINTS OF CONTACT: Angela Ponder, angela.ponder@dla.mil, 703-767-9508, or Karen Hammack, Karen.Hammack@dla.mil, 703-767-9550.

DESCRIPTION: 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.

The following products will be procured: Diesel Fuel #2 (DF2)/-34/NSN:9140-00-286-5294 QTY: 140,000 USG; The total estimated quantity for this acquistion is 140,000 USG

For a list of contract line item number(s) and items, quantities and units of measure, description of requirments for the items to be acquired, date(s) and places(s) of delivery and acceptance points, please refer to the Offeror Submision Package.

DLA Energy anticipates conducting discussions with offerors submitting proposals under subject solicitation, but reserve the right to make contract award(s) based on initial offers submitted.

Offerors' written proposals should be submitted in English and US Dollars per gallon and signed by an authorized company official. Proposals must be received by 3:00 PM, Local Time, FT Belvoir, Virginia on August 15, 2011. Please submit your offer via fax or email. Your fax should be addressed to Angela Ponder or Karen Hammack/ DLA Energy-PEA / FAX # (703) 767-8506. Your email should be addressed to Angela Ponder, angela.ponder@dla.mil or Karen Hammack, karen.hammack@dla.mil. Please note the solicitation number (SP0600-09-R-0222 - 0007) should be noted on the fax or email.

The provision at 52.212-1 - Instructions to Offerors-Commercial, applies to this acquisition. Offerors are advised to include a completed copy of 52.212-3, Offeror Representations and Certifications--Commercial Items, with their offer. The clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition.

The Government contemplates award of a Requirements Type, Fixed Price with Economic Price Adjustment contract resulting from this solicitation. In accordance with Clause INTB19.02, ECONOMIC PRICE ADJUSTMENT, the prices will escalate/de-escalate cent for cent or any fraction thereof with any change in: Platts Oilgram Price Report, Singapore Postings.

Please base your offer prices on the monthly average of the Singapore Posting as published in Platts Oilgram Price Report for May 3, 2011 for the following types of fuel:

Unit Prices for High Sulfur Diesel (DF2) will escalate and de-escalate cent or any fraction there of with the monthly average of the Singapore Postings for Gasoil 0.5 Cargo (Midpoint), as published in Platts Oilgram Price Report, effective the 1st day of the month using the prior month average postings. The base reference price for May 3, 2011 is $1.338.

All offerors are responsible for submitting an offer in accordance with the appropriate importation regulations, taxes, duties, subsidies and other regulations of the government of CEBU and SUBIC BAY.

INT-I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DLA ENERGY JAN 2003)

(a) This clause incorporates contract clauses and 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.

(b) The full text of any FAR, DFARS, or DLAD solicitation clause or provision may be accessed electronically at these addresses:

FAR/DFARS: http://farsite.hill.af.mil DLAD: http://www.dla.mil/j-3/j-336

(c) All DLA ENERGY clauses and provisions are contained in full text in this document.

(d) Solicitation Provisions Only. The offeror is cautioned that the solicitation provisions listed in (e)(1) below may include blocks that must be completed by the offeror and submitted with its quotation or offer. As long as the offeror identifies the solicitation provision by number, the offeror may simply complete those paragraphs requiring fill-in information to submit with its quotation or offer. In addition to the solicitation provisions listed in (e)(1) below, the contract clauses listed in (e)(2) below shall apply to any resultant contract but do not require the submission of additional offer information.

(e) The following FAR/DFARS/DLAD contract clauses and solicitation provisions are hereby incorporated by reference in addition to those listed in the CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS and the CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS clauses:

(1)

SOLICITATION REGULATORY

PROVISION NUMBER NUMBER PROVISION TITLE

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH

LANGUAGE (APR 1991)

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR

1991)

FAR 52.215-5 FACSIMILE PROPOSALS (OCT 1997)

FAR 52.216-21 REQUIREMENTS (OCT 1995)

(2)

CONTRACT REGULATORY

CLAUSE NUMBER NUMBER CLAUSE TITLE

DFARS 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2011)

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

DLAD 52.246-9029 INSPECTION AND ACCEPTANCE POINTS

FAR 52.203-3 GRATUITIES (APR 1984)

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES

TO THE GOVERNMENT (SEPT 2006)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND

CONDUCT (DEC 2008)

FAR 52.215-8 ORDER OF PRECEDENCE – UNIFORM

CONTRACT

FORMAT (OCT1997)

FAR 52.216-18 ORDERING (OCT 1995)

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

FAR 52.216-21 REQUIREMENTS (OCT 1995)

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

FAR 52.225-13 RESTRICTION ON CERTAIN FOREIGN

PURCHASES

(JUN 2008)

FAR 52.229-6 TAXES -- FOREIGN FIXED-PRICE CONTRACTS

(JUNE 2003)

FAR 52.232-1 PAYMENTS (APR. 1984)

FAR 52.232-17 INTEREST (OCT 2008)

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM (OCT 2004)

DLAD 52.233-9000 AGENCY PROTESTS (SEP 1999)

FAR 52.242-13 BANKRUPTCY (JUL 1995)

FAR 52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996)

DFARS 252.203-7000 REQUIREMENTS RELATING TO

COMPENSATION OF FORMER DOD

OFFICIALS (JAN 2009)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

DFARS 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997)

SPECIAL INSTRUCTIONS

A. CONTRACT TYPE: A solicitation to procure fuel with a period of performance from date of award through 30

NOVEMBER 2012. Contracts awarded as a result of this solicitation will be REQUIREMENTS TYPE CONTRACTS, FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENTS. Please refer to Clause FAR 52.216- 21, REQUIREMENTS, and INT-I1.20-1, CLAUSES AND PROVISIONS INCORPORATED BY

REFERENCE.

B. OFFER SUBMISSION: As part of your offer, please complete and submit all forms in the Offeror Submission

Package and thoroughly review the supply schedule under Clause INT-B1.05-2 SUPPLIES TO BE FURNISHED for the delivery narratives you are offering on.

1. Facsimile offers are authorized in accordance with Clause FAR 52.215-5 FACSIMILE PROPOSALS and

INT-L2.11-3FACSIMILE PROPOSALS – COMMERCIAL ITEMS (DLA ENERGY NOV 1999). When submitting your Offeror Submission Package via fax, please fax to the ATTENTION of Angela Ponder/DLA Energy at (703) 767-8506.

2. Email Proposals may be submitted in accordance with Clause INT-L2.11-4 EMAIL PROPOSALS (DLA

ENERGY AUG 2010). Email completed Offeror Submission Packages to angela.ponder@dla.mil and karen.hammack@dla.mil .

C. CLOSING DATE: 15 August 2011, 3:00 PM LOCAL TIME, FORT BELVIOR, VIRGINIA.

D. NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF AWARD WAS

SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF CONTRACTS WITH THE

GOVERNMENT AGENCIES OR IN RECEIPT OF A PROPOSED DEBARMENT FROM ANY

GOVERNMENT AGENCY IS VOIDABLE AT THE OPTION OF THE GOVERNMENT.

E. OFFERS: Offers submitted in response to this solicitation must be in English, with offer prices stated in U.S.

dollars. Offers received in other than English and/or with offer prices other than U.S. dollars will be rejected.

See Provision FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991), and Provision FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991).

F. ACKNOWLEDGEMENT OF AMENDMENTS: YOU MUST ACKNOWLEDGE RECEIPT OF ANY

AMENDMENTS TO THIS SOLICITATION. You shall do this by signing and returning one (1) copy of the amendment.

G. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your CAGE code in Block 17a of the SF 1449, in the space marked “Facility Code”: If you have not been assigned a CAGE code, insert the word “None” in the block.

H. CENTRAL CONTRACTOR REGISTRATION (CCR) All U.S. contractors must be registered in the Central

Contractor Registry (CCR). FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008) and DFARS 252.204-7004 ALERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007), requires contractors to register in the Department of Defense (DoD) Central Contractor Registration (CCR) database. The CCR is a central repository of trading partner information about firms qualified to conduct business with the Federal Government. Contractors register one time and confirm on an annual basis that their CCR registration is complete and accurate. Offerors may obtain information on registration and annual confirmation requirements by calling the CCR Customer Service at (1-866) 866-8220 or (1-334) 206-7828 or via Internet at https://www.bpn.gov/ccr/.

I. ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be from date of award through 30 November 2012. Four (4) year q uantities stated in the SCHEDULE represent the government’s best estimates covering a four year requirement.

J. PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS (PORTS): INT B1.05-2,

SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET APPLICATION) (DLA ENERGY MAY 2001) applies to requirements for the Army, Navy, Air Force, US Marine Corp and other DoD Activities only being solicited with provisions in place for implementing the Paperless Ordering and Receipt Transactions Screens (PORTS) Internet Application. In the event that your company is awarded a contract, DLA ENERGY will indicate on the award sheet whether the item is “PORTS Active”. PORTS active items will incorporate the use of the PORTS clause, while Non-PORTS items will incorporate the use of Non-PORTS clauses. If you are awarded an item designated as “PORTS ACTIVE”, the use of the PORTS Internet Application is MANDATORY and the following clauses apply to PORTS ACTIVE or FES PORTS ACTIVE items in this solicitation:

INT B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET APPLICATION)

(DLA ENERGY MAY 2001)

INT G150-03-1 PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS (PORTS) INTERNET

APPLICATION (DLA ENERGY DEC 2001)

INT I1.03-8 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(DOMESTIC/OVERSEAS/IRAQ PC&S) (PORTS INTERNET APPLICATION) (DLA ENERGY

MAR 2009)

K. LATE OFFERS: Please note that offers must be received by 15 July 2011, 3:00 PM LOCAL FORT BELVOIR, VA TIME. Any offer received after 3:00 PM will be considered “late” and may be determined unacceptable.

See Clause INT-L2.05-5 INSTRUCTIONS TO OFFERORS – COMMERERCIAL ITEMS (PC&S) (DLA ENERGY MAR 2009), subparagraph (f) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND

WITHDRAWALS OF OFFERS.

L. AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (m) of Clause INT-L2.05-5

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (DLA ENERGY MAR 2009). While the Government intends to evaluate offers in accordance with Clause FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) and award a contract without discussions, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, those participating are advised to submit their best prices with their initial offer. If the Contracting Officer determines that negotiations are necessary, the Government will then evaluate proposals and award a contract after conducting discussions with Offerors whose proposals have been determined to be within the competitive range.

M. ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to Clause INT-

B19.02, ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY MAY 2007). Offerors should use the preferred publication, from INT-B19.02, as the escalation reference for their offer prices. THE BASE REFERENCE DATE for this solicitation is 03 May 2011. Contract prices will escalate daily based upon updated prices as referenced in the prescribed escalation publication. Please note that price changes are not based on product cost or vendor profit margin. After award DLA ENERGY will provide updated contract prices daily under “Customer Prices” on the DLA ENERGY homepage at http://www.desc.dla.mil/default.asp.

N. PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to paragraph (d) of Clause INT- L2.05-5, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (DLA ENERGY MAR 2009), Offerors agree to honor prices indicated in their Offeror Submission Packages for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

O. SITE VISITS: You are directed to Clause INT-L54, SITE VISIT (DLA ENERGY OCT 1992), please note that it is the responsibility of the Offeror to inspect the site where supplies are to be delivered and to obtain all available information about the site necessary to satisfy themselves about general and local conditions that may affect delivery and the cost of contract performance, to the extent that the information is reasonably obtainable.

DLA ENERGY encourages all potential Offerors to call or visit the sites in which they intend to submit an offer.

P. DUNS NUMBER: Include your company’s Data Universal Numbering System Number on all Price Data

Sheet(s) in your Offeror Submission Package.

Q. TAX AND FEE INFORMATION: Applicability of various Federal and Local taxes is governed by the following Clauses:

FAR 52.229-6 TAXES – FOREIGN FIXED-PRICE CONTRACTS (JUN 2003)

R. POINTS OF CONTACT:

Emergency Situations after Duty Hours

OPERATIONS CENTER,

CONTINGENCY PLANS AND OPERATION DIVISION

(703) 767-8420

Information Regarding Solicitation SP0600-09-R-0222 - 0007 :Angela Ponder (703) 767-9508

Karen Hammack (703) 767-9550

SP0600-09-R-0222 - 0007

CEBU/SUBIS BAY PC&S

ADDITIONAL TERMS AND CONDITIONS

In addition to the terms and conditions noted above and in the clauses incorporated by reference, the following terms and conditions shall also be included in any resultant contract:

1. DELIVERIES. All deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

2. QUANTITY DETERMINATION. At the Government’s option, quantity may be determined at the receiving activity on the basis of—

(a) Weight, using calibrated scales; or

(b) A calibrated meter on the receiving tank system.

If the Government does not elect to use one of the methods in (a) or (b) above, the quantity shall be determined (at the Contractor’s option) on the basis of—

(a) Calibrated meter;

(b) Certified capacity tables. The tables must be made available at the time of delivery;

(c) Certified tank calibration markers. Certified tank calibration markers will not be accepted unless the conveyance is full to the marker and the entire quantity is delivered; or

(d) The net quantity determined at the loading point by a calibrated loading rack meter or calibrated scales. This quantity must be mechanically imprinted on the loading rack meter ticket that is generated by the loading rack meter or calibrated scales. If this method is used, the Government reserves the right to re-determine the quantity received at time of delivery by gauging the receiving tank before and after delivery.

3. WATER BOTTOMS. (a) Every delivery must be free of all water bottoms prior to discharge; and

(b) The Contractor is responsible for their removal and disposal.

4. VOLUME CORRECTION. Volume correction to gallons at 60 o

F (or liters at 15 degrees Celsius) is required for all volumes of measure in tank trucks, trucks and trailers and tank wagons which are in excess of 5,000 gallons.

5. MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS) Outside the U.S., other technically equivalent national or international standards may be used. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor.

(1) Volume XII, Table 52, shall be used to convert cubic meters at 15 o

C to barrels of 60 o

F. Convert liters at 15 o

C to cubic meters at 15 o

C by dividing by 1,000. C onvert gallons at 60 o

F to barrels at 60 o

F by dividing by 42. Should foreign law restrict conversion by this method, the method required by law shall be used.

(2) If the original measurement is by weight and quantity is required in U.S. gallons, then--. (A) Volume

XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 o

F.

(3) API MPMS, Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent.

SP0600-09-R-0222 - 0007

CEBU/SUBIS BAY PC&S

6. VARIATION IN QUANTITY. A variation in quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified. The permissible variation shall be limited to a 10 percent increase / decrease. This increase or decrease shall apply to each delivery order.

7. OFFEROR SUBMISSION PACKAGE: All offerors must submit a completed Offeror Submission Package (OSP). Full text versions of all clauses not incorporated by reference can also be accessed under the "Reference Clauses" section.