SOLN SP0600-12-R-0066_Solicitation Package.pdf
PDF 373 KB Posted
- Attached to
- LUBRICATING OILS Federal contract opportunity
- Solicitation number
- SP0600-12-R-0066
- Issued by
- Defense Logistics Agency Energy
About this file
Bulk Lubes Solicitation Package
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| J_ _A.pdf | ||
| Document.pdf | ||
| 12-R-0066_AMD_0005_signed.pdf | ||
| 12-R-0066_AMD_0004_signed.pdf | ||
| 12-R-0066_AMD_0003_signed.pdf | ||
| 12-R-0066_AMD_0002_signed.pdf | ||
| 12-R-0066_AMD_0001_signed.pdf | ||
| OSP SP0600-12-R-0066 - Offeror Submission Package.docx | DOCX document | |
| ADDENDUM SOLN SP0600-12-R-0066.pdf | ||
| OSP SP0600-12-R-0066 - Offeror Submission Package.pdf |
On GovTribe
Work with this file on GovTribe
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
SOLICITATION
PACKAGE
SOLICITATION: SP0600-12-R-0066
PURCHASE PROGRAMS: 4.0/4.2
THE ENCLOSED SOLICITATION COVERS THE PERIOD:
DELIVERY PERIOD
APRIL 1, 2012, THROUGH MARCH 31, 2013,
plus a 30 day carry-over period
TO BE TIMELY, OFFERS MUST BE RECEIVED AT THE
DEFENSE LOGISTICS AGENCY ENERGY BY:
13 JANUARY 2012, 1:00 P.M. LOCAL TIME
SP0600-12-R-0066
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
SC0600-12-0423/0424
2. CONTRACT NO.
3.AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
5. SOLICITATION NUMBER
6. SOLICITATION
ISSUE DATE
12 December 2011
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
MARK PALOMBO
b. TELEPHONE NUMBER
(no collect calls)
(703) 767-9670
8. OFFER DUE DATE/
LOCAL TIME
13 January 2012/1:00pm
9. ISSUED BY
CODE
SP0600 10. THIS ACQUISITION IS 11. DELIVERY FOR
FOB
12. DISCOUNT
TERMS
ATTN: DLA ENERGY / BEA / RM 2954
DEFENSE LOGISTICS AGENCY ENERGY
UNRESTRICTED
SET ASIDE 15 %
FOR
DESTINATION
UNLESS BLOCK IS
MARKED
SEE SCHEDULE
NET 30
CALENDAR DAYS
8725 JOHN J. KINGMAN RD, SUITE 4950
FORT BELVOIR, VA 22060-6222
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
13a. THIS CONTRACT IS RATED
ORDER UNDER DPAS (15 CFR 700)
13b. RATING
NAICS: See 52.212-1 14. METHOD OF SOLICITATION
PPN(S): 4.0 & 4.2 SIZE STANDARD: See 52.212-1 RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE SP0600
SEE SCHEDULE SEE BLOCK 9
17a. CONTRACTOR /
OFFEROR CODE
FACILITY
CODE
18a. PAYMENT WILL BE MADE BY
CODE
HQ0104
TELEPHONE NO.
FAX. NO.
Defense Finance and Accounting Service Columbus Center
Stock Fund Directorate, Fuels Accounting and Payments
Division, Attn: DFAS JAQBAD/CC
P.O. Box 182317
Columbus, OH 43218-6250 FAX: (614) 692-2630
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH
ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS
BLOCK BELOW IS CHECKED SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
**SEE B1**
(Use Reverse and/or Attach Additional Sheets as
Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use
Only) ESTIMATED:
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE 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.
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1____ COPIES
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET
FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO
THE TERMS AND CONDITIONS AND CONDITIONS SPECIFIED HEREIN.
29. AWARD OF CONTRACT: ____OFFER DATED
______. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY
ADDITIONS OR CHANGES, WHICH ARE SET FORTH HEREIN, IS
ACCEPTED AS TO ITEMS:.
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
STEPHANIE A. HARDISON
31c. DATE
SIGNED
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED
32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE
SIGNED
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER
34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT
COMPLETE PARTIAL FINAL
37. CHECK
NUMBER
PARTIAL FINAL
38. S/R ACCOUNT NUMBER
39. S/R VOUCHER
NUMBER
40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING
41c. DATE 42b. RECEIVED AT (Location)
42c. DATE REC’D (YY/MM/DD)
42d. TOTAL CONTAINERS
PerFORM (DLA) STANDARD FORM 1449 (REV. 4/2002) Prescribed by GSA FAR (48 CPR) 53.212
SF Form 1449 - ADDITIONAL INFORMATION CONTINUED
a. Sealed offers in original and 1 copy for furnishing the supplies or services in the Schedule will be received at the place specified in
Item 9 above. If hand carried, the depository is located in Room 2954 at DLA Energy.
b. For questions concerning Small Business matters, contact Ms. Joan Turrisi at (703) 767-9465 or 1-800-523-2601.
c. Offerors are advised to complete and submit with the offer the original plus one copy of all forms contained in the accompanying Offeror
Submission Package. Copies of all documents submitted must be exactly the same as original. Certification and Representation clauses should be answered in either the affirmative or negative, as applicable. If a clause does not apply, LEAVE BLANK. (DO NOT state
"N/A - Not Applicable.") Offer must be signed by an authorized negotiator – see Instruction K33.01 AUTHORIZED NEGOTIATORS
(DLA ENERGY APR 2007) in the Offer Submission Package. Please initial all changes and corrections. Offerors must acknowledge receipt and acceptance of all amendments to this solicitation.
d. NOTICE: Any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government agencies, or was in receipt of a notice of proposed debarment from any Government agency, is voidable at the option of the Government.
e. CENTRAL CONTRACTOR REGISTRATION (CCR) REQUIRED, available at www.ccr.gov or (888) 352-9333 #3.
(SEE FAR 52.204-7, CENTRAL CONTRACTOR REGISTRATION (APR 2008), FOR ADDITIONAL INFORMATION).
f. Offerors are advised that the inclusion of any provision which requires sequential evaluation of individual offers; i.e., offers requiring
DLA Energy to obtain more than one computer evaluation in order to evaluate that offer, may result in rejection of the offer. Offerors are encouraged to discuss the intended changes in proposals with DLA ENERGY in order to identify potentially unacceptable proposals and to determine possible alternatives.
g. For emergency situations during non-duty hours, the number to contact is (703) 767-8420 at the DLA Energy Operations Center, Contingency Plans and Operations Division (DLA Energy - DL).
h. Reference B19.33-1.100, ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE (DOMESTIC BULK
LUBES) (DLA ENERGY NOV 2011), offerors are advised that the base market price effective 15 November 2011 is
$4.875. Offered prices should be tied to the 15 November 2011 base market price. Review clause for complete details of price adjustment provisions.
http://www.ccr.gov/
INTERNAL
DLA ENERGY
INSTRUCTION
/ CLAUSE
NUMBER
INTERNAL DLA ENERGY INSTRUCTION / CLAUSE TITLE
PAGE (S)
SECTION I
CONTRACT CLAUSES
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (BULK) (TAILORED)
(DLA ENERGY MAR 2009)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS – COMMERCIAL ITEMS (NOV 2011)
252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL
ITEMS (OCT 2011)
SECTION L
INSTRUCTIONS, CONDITIONS, AND NOTICES, TO OFFERORS OR RESPONDENTS
52.212-1 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (BULK) (TAILORED)
(DLA ENERGY) (SEP 2010)
SECTION M
EVALUATION FACTORS FOR AWARD
52.212-2 EVALUATION -- COMMERCIAL ITEMS (JAN 1999)
SECTION I
CONTRACT CLAUSES
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (BULK) (TAILORED) (DLA ENERGY) ( MAR 2009)
(a) INSPECTION/ACCEPTANCE. If repair/replacement or reperformance will not correct the defects or is not possible, the
Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. Also see
Addendum.
(b) ASSIGNMENT. The Contractor or its assignee may assign its rights to receive payment due, as a result of performance of this contract, to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims
Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its right to receive payment under this contract.
(c) CHANGES. See Addendum.
(d) DISPUTES. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, DISPUTES, which is incorporated herein by reference. The
Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) DEFINITIONS. The clause at FAR 52.202-1, DEFINITIONS, is incorporated herein by reference.
(f) EXCUSABLE DELAYS. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) INVOICE. The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--
(1) Name and address of the Contractor;
(2) Invoice date and number;
(3) Contract number, contract line item number, and, if applicable, the order number;
(4) Description, quantity, unit of measure, unit price, and extended price of the items delivered;
(5) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(6) Terms of any prompt payment discount offered;
(7) Name and address of official to whom payment is to be sent; and
(8) Name, title, and phone number of person to be notified in event of defective invoice.
(9) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(10) Electronic funds transfer (EFT) banking information.
(i) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(ii) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the
Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer – Other Than Central Contractor Registration), or applicable agency procedures.
(iii) EFT banking information is not required if the Government waived the requirement to pay by EFT.
Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget
(OMB) prompt payment regulations at 5 CFR part 1315. NOTE: Contractors are also required to provide additional information in their invoices as specified in the Addendum, as discussed in the SUPPLEMENTAL INVOICING
INFORMATION (BULK) clause.
(h) PATENT INDEMNITY. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. NOTE: Contractors are also required to provide additional information in their invoices as specified in the Addendum and the
SUPPLEMENTAL INVOICING INFORMATION (BULK) clause.
(i) PAYMENT.
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purposes of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item number or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
Also see Addendum.
(j) RISK OF LOSS. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon--
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) TAXES. See Addendum.
(l) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE. The Government reserves the right to terminate this contract, or any part thereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the
Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination The
Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) TERMINATION FOR CAUSE. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) TITLE. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) WARRANTY. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) LIMITATION OF LIABILITY. Except as otherwise provided by an express warranty, the Contractor will not be liable to the
Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) OTHER COMPLIANCES. The Contractor shall comply with all applicable Federal, State, and local laws, executive orders, rules, and regulations applicable to its performance under this contract.
(r) COMPLIANCE WITH LAWS UNIQUE TO GOVERNMENT CONTRACTS. The Contractor agrees to comply with 31
U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701 et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti- Kickback Act of 1986, 41 U.S.C. 265 and 10
U.S.C. 2409 relating to whistle blower protections; Section 1553 of the American recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.
(s) ORDER OF PRECEDENCE. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments; Disputes; Payments; Invoices; Other Compliances; and Compliance with Laws Unique to Government
Contracts paragraphs of this clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) Standard Form 1449.
(8) Other documents, exhibits, and attachments; and.
(9) The specification.
(t) CENTRAL CONTRACTOR REGISTRATION (CCR). See the CENTRAL CONTRACTOR REGISTRATION
(ALTERNATE A) clause.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS –
COMMERCIAL ITEMS (NOV 2011)
a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C.
2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-
5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).
___ (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec
2010) (31 U.S.C. 6101 note).
_X__ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section
743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161).
___ (8) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
_X__ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (10) [Reserved]
___ (11) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (12) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
_X__ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).
_X__ (14) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (July 2010) of 52.219-9.
_X_(15) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (16) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (17) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (18) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
___ (ii) Alternate I (June 2003) of 52.219-23.
___ (19) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (20) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and
10 U.S.C. 2323).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (Nov 2011).
___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program
(Nov 2011).
___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).
_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_X__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
_X__ (29) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
_X__ (30) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
_X__ (31) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
___ (33) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (34) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).
(Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (35) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (36) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
___ (ii) Alternate I (Dec 2007) of 52.223-16.
___ (37) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).
___ (38) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).
___ (39) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19
U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).
___ (ii) Alternate I (Jan 2004) of 52.225-3.
___ (iii) Alternate II (Jan 2004) of 52.225-3.
_X__ (40) 52.225-5, Trade Agreements (Nov 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X__ (41) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of
Foreign Assets Control of the Department of the Treasury).
___ (42) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (43) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (44) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
___ (45) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
___ (46) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).
___ (47) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).
___ (48) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
___ (49) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
_X__ (50) (i) 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).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29
U.S.C.206 and 41 U.S.C. 351, et seq.).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain
Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C.
351, et seq.).
___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).
___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --
Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records
Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any
FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) [Reserved]
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--
Requirements (Nov 2007) (41 U.S.C. 351, et seq.)
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)
(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS
APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (OCT 2011)
(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.
_X__ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).
(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.
(1) _X__ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).
(2) ____ 252.203-7003, Agency Office of the Inspector General (SEP 2010)(section 6101 of Pub. L. 110-252, 41 U.S.C. 3509).
(3) _X__ 252.205-7000, Provision of Information to Cooperative Agreement
Holders (DEC 1991) (10 U.S.C. 2416).
(4) _X__ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts)
(OCT 2010) (15 U.S.C. 637).
(5) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program)
(JAN 2011) (15 U.S.C. 637 note).
(6)(i) ____ 252.225-7001, Buy American Act and Balance of Payments Program
(OCT 2011) (41 U.S.C. chapter 83, E.O. 10582).
(ii) ____Alternate I (OCT 2011) of 252.225-7001.
(7) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009)(10 U.S.C. 2533b).
(8) ____ 252.225-7009, Restriction on Acquisition of Certain Articles ContainingSpecialty Metals (JAN 2011) (10 U.S.C. 2533b).
(9) ____ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).
(10) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools
(JUN 2005) (10 U.S.C. 2533a).
(11) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of Pub. L. 107-117 and the same restriction in subsequent DoD appropriations acts).
(12)(i_X__ 252.225-7021, Trade Agreements (OCT 2011) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).
(ii)____ Alternate I (OCT 2011) of 252.225-7021.
(iii)____Alternate II (OCT 2011) of 252.225-7021.
(13) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military
Sales (APR 2003) (22 U.S.C. 2779).
(14) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755).
(15)(i) ____ 252.225-7036, Buy American Act—Free Trade Agreements—
Balance of Payments Program (OCT 2011) (41 U.S.C. chapter 83 and 19 U.S.C. 3301 note).
(ii)___ Alternate I (OCT 2011) of 252.225-7036.
(iii)___ Alternate II (OCT 2011) of 252.225-7036.
(iv)___ Alternate III (OCT 2011) of 252.225-7036.
http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252205.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252219.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252219.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://creation/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm
(16) ____ 252.225-7039, Contractors Performing Private Security Functions (AUG 2011) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383).
(17) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN
2005) (10 U.S.C. 2534(a)(3)).
(18) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts).
(19) ____ 252.227-7013, Rights in Technical Data—Noncommercial Items (SEP 2011), if applicable (see 227.7103-6(a)).
(20) ____ 252.227-7015, Technical Data—Commercial Items (SEP 2011)
(10 U.S.C. 2320).
(21) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data
(SEP 2011), if applicable (see 227.7102-4(c).
(22) ____ 252.232-7003, Electronic Submission of Payment Requests and
Receiving Reports (MAR 2008) (10 U.S.C. 2227).
(23) ____ 252.237-7010, Prohibition on Interrogation of Detainees by Contractor
Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84)
(24) ____ 252.237-7019, Training for Contractor Personnel Interacting with
Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).
(25) ____ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10
U.S.C. 2410).
(26) ____252.246-7004, Safety of Facilities, Infrastructure, and Equipment
For Military Operations (OCT 2010) (Section 807 of Pub. L. 111-84).
(27)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge
Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417).
(28)(i) _X__ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10
U.S.C. 2631).
(ii) ____ Alternate I (MAR 2000) of 252.247-7023.
(iii) ____ Alternate II (MAR 2000) of 252.247-7023.
(iv) ____ Alternate III (MAY 2002) of 252.247-7023.
(29) _X__ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR
2000) (10 U.S.C. 2631).
(30) ____ 252.247-7027, Riding Gang Member Requirements (OCT 2011) (Section 3504 of Pub. L. 110-417).
(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders—
Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:
(1) 252.225-7039, Contractors Performing Private Security Functions (AUG 2011) (Section 862 of Pub. L. 110-181, as amended by section
853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383).
(2) 252.227-7013, Rights in Technical Data--Noncommercial Items (SEP 2011), if applicable (see 227.7103-6(a)).
(3) 252.227-7015, Technical Data—Commercial Items (SEP 2011), if applicable (see 227.7102-4(a)).
(4) 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 2011), if applicable (see 227.7102-4(c)).
http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252226.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_71.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252237.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252237.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252243.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252246.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_71.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_71.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_71.htm
(5) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).
(6) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).
(7) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of
Pub. L. 110-417).
(8) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C 2631).
(9) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
http://www.acq.osd.mil/dpap/dars/dfars/html/current/252237.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252237.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm
SECTION L
INSTRUCTIONS, CONDITIONS, AND NOTICES, TO OFFERORS OR RESPONDENTS
52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (BULK) (TAILORED) (DLA ENERGY) (SEP 2010)
(a) NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE
STANDARD. The NAICS code for this acquisition is 324191 Manufacturer/ 424720 Dealer. The small business size standard is 500
Manufacturer/ 100 Dealer employees: However, the small business size standard for a concern that submits an offer in its own name, but that proposes to furnish an item that it did not itself manufacture, is 500 employees, including all affiliates.
(b) SUBMISSION OF OFFERS. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt;
(3) The name, address, and telephone, and facsimile number of the offeror (and electronic address if available);
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) “Remit to” address, if different from mailing address;
(8) A completed copy of the representations and certifications in the certification package. See FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically;
(9) Acknowledgment of solicitation amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or that reject the terms and conditions of the solicitation may be excluded from consideration.
(12) All price, quantity, delivery, and transportation terms as specified in the Offeror Submission Package.
(c) All technically acceptable and responsible offerors will be evaluated in accordance with FAR 52.212-2, M10, M41.04, M55, and
M72.
A technically acceptable offer is one that meets the Government’s product requirements in Section B, specifications in Section C, quality assurance requirements in Section E, and delivery requirements in Section F. An offer that proposes an exception to one of the foregoing requirements will be reviewed to determine whether the fuel will meet the Government’s specification and delivery requirements, can physically be accepted, and not compromise fuel quality. If so, an offer containing the exception will also be technically acceptable. The offeror must demonstrate its understanding of the quality assurance requirements in E1 of the solicitation and provide evidence of an acceptable inspection system via the submission and acceptance of the supporting documentation required under Section E of the Offeror Submission Package (OSP).
(d) FACSIMILE OFFERS Yes (FAR 52.215-5). Incorporated by reference. No
(e) PERIOD FOR ACCEPTANCE OF OFFERS. The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers.
(f) PRODUCT SAMPLES. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.
(g) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWALS OF OFFERS.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting
Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for offers, it was the only offer received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the
Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting
Officer.
(h) CONTRACT AWARD.
The Government may evaluate offers and award a contract after conducting discussions with offerors whose offers have been determined to be within the competitive range. If the Contracting Officer determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of offers in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. While the Government intends to evaluate offers and award a contract after oral or written discussions with offerors, it reserves the right not to conduct discussions, as determined by the Contracting Officer.
(i) MULTIPLE AWARDS. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the offer.
(j) AVAILABILITY OF REQUIREMENTS DOCUMENTS CITED IN THE SOLICITATION.
(1) (i) The GSA Index of Federal Specifications, Standards, and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--
GSA FEDERAL SUPPLY SERVICE SPECIFICATIONS SECTION
470 EAST L’ENFANT PLAZA SW, SUITE 8100
WASHINGTON DC 20407
TELEPHONE: (202) 619-8925
FAX: (202) 619-8978
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in (j)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .