Combined_Synopsis-Solicitation_-_SP330019Q0097.doc

SOLICITATION SP3300-19-Q-0097

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quote (RFQ) and the solicitation number is SP3300-19-Q-0097.

2. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2019-03 effective 12 July 2019, and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20190628 (effective 28 June 2018) edition, and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR 19-04 through 12 (Revised May 14, 2019). The complete text of any of the clauses and provisions are available electronically from the following sites:

FAR- http://farsite.hill.af.mil/ FAR- https://www.acquisition.gov/browsefar DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

3. DLA Distribution Richmond, VA (DDRV) has a requirement for a contractor to provide Nitrogen/Acetylene in accordance with Attachment 1 Statement of Work. Each CLIN shall be FOB destination:

NOTE: SEE ATTACHMENT 1 STATEMENT OF WORK AND ATTACHMENT 2 SCHEDULE OF SUPPLIES

PERIOD OF PERFORMANCE:

19 AUGUST 2019 THROUGH 18 AUGUST 2020

19 AUGUST 2020 THROUGH 18 AUGUST 2021

19 AUGUST 2021 THROUGH 18 AUGUST 2022

All prices must be rounded to two decimal places.

Please pay special attention to FAR 52.212-3 Evaluation – Commercial Items and its addenda.

4. This solicitation is UNRESTRICTED. The Federal Supply Code (FSC) for this acquisition is 6830 (Gases Compressed and liquified), and the North American Industry Classification System (NAICS) code for this procurement is 424690 (other chemical and allied products merchant wholesalers) with a size standard of 150 employees.

5. Offerors shall quote Firm Fixed Unit Prices for all line items shown on CLIN 0001 through 0007, 1001 through 1007 and 2001 through 2007. Pricing shall be quoted as FOB Destination, with all shipping, packing and packaging charges included in the Firm Fixed Unit Prices for each item. All prices must be rounded to two decimal points.

SHIP TO address:

SB3108 DLA DISTRIBUTION RICHMOND BUILDING 3, 8000 JEFFERSON DAVIS HIGHWAY RICHMOND, VA 23297-5900.

6. Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449.

7. System for Award Management: IAW FAR 4.1102(a), offerors are required to be registered in the System for Award Management (SAM) database at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements. Refer to DFARS 204.1103 for helpful information on navigation and data entry in the SAM database. Registration may be done on line at: www.acquisition.gov or www.sam.gov.

8. Invoicing and Payment: Invoices shall be submitted through Wide Area WorkFlow (WAWF). The WAWF website is at https://wawf.eb.mil/. The web site contains instructions for registration and use, including how contractors submit invoices via WAWF.

9. Questions regarding this solicitation must be submitted by email to the Contract Specialist, Kathleen Toland, kathleen.toland@dla.mil. Questions must be received by 3:00 PM Eastern Standard Time on 02 AUGUST, 2019. Questions received after this date and time may not receive a response. Answers to questions will be posted to the Federal Business Opportunities website via an amendment to the solicitation. No information concerning this solicitation will be provided in response to telephone calls.

10. Offerors responding to this announcement shall submit their quotations via email to kathleen.toland@dla.mil. All quotes must be received by 3:00 PM Eastern Standard time, AUGUST 09, 2019 to be considered for award.

11. The following FAR, DFARS and DLAD provisions apply to this acquisition:

FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (DEVIATION 2018-O0018) Addenda to 52.212-1; the following paragraphs are hereby deleted from this provision: (d) product samples, (e) multiple offers, (h) multiple awards, and (i) availability of requirements documents cited in the solicitation.

Addenda to 52.212-1; paragraph (c) period for acceptance of offers, this paragraph is tailored to read as follows “The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers”.

The following provisions are Addenda to FAR 52.212-1 – Instructions to Offerors – Commercial Items and are incorporated by reference:

FAR 52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation

FAR 52.204-7 System for Award Management

FAR 52.204-16 Commercial and Government Entity Code Reporting

FAR 52.204-17 Ownership or Control of Offeror

FAR 52.204-20 Predecessor of Offeror

FAR 52.209-2 Prohibition On Contracting With Inverted Domestic Corporations—Representation FAR 52.222-22 Previous Contracts and Compliance Reports

FAR 52.222-25 Affirmative Action Compliance FAR 52.225-18 Place of Manufacture

FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.225-7035 Buy American- Free Trade Agreements- Balance of Payments Program Certificate-Basic The following provisions are Addenda to FAR 52.212-1 – Instructions to Offerors – Commercial Items and are incorporated in full text:

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

(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) FAR 52.215-20 -- Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data with Alternate IV

(a) Submission of certified cost or pricing data is not required.

(b) Provide information described below:

(1) The offeror shall submit, at a minimum, information on prices at which the same item or service, or similar items or services, have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include sales data and any information reasonably required to explain the offeror’s estimating process including but not limited to (a) the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data; and (b) the nature and amount of any contingencies included in the proposed price. The contractor’s format for submitting the data should be used.

(End of Provision)

FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/.

(End of provision)

DLAD 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and legal counsel. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.

(End of Provision)

12. OFFER SUBMISSION INSTRUCTIONS–Quotes must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award.

A. Quotations may be submitted in contractor format and shall include:

(1) Company name, address, telephone number, and e-mail address.

(2) Solicitation number.

(3) Unit Price and extended price for all Contract Line Items (CLINs)

(4) Contractor DUNS Number and Commercial and Government Entity (CAGE) Code.

(5) Signed acknowledgements of amendments (applicable only if any amendments are issued against this solicitation).

(6) A completed copy of the following statement:

____________________ (Company Name) is an authorized distributor/reseller for ____________________ (Manufacturer Name) products and is free to set our own prices and discounts.

B. Contractors are required to include a copy of the FAR provision 52.212-3 Offeror Representations and Certifications-Commercial Items with its quote or may indicate completion of the representations and certifications on the internet at http://www.sam.gov. Failure to include the certifications along with the price quote or to complete the certifications on the internet may result in elimination from consideration for award.

13. FAR 52.212-2 – Evaluation – Commercial Items

Quotes will be evaluated in accordance with FAR 13.106-2. The Government intends to award one contract on an all-or-none basis to the responsible offeror who offers the total evaluated lowest price for all contract line items.

Offerors must be determined to be responsible according to the standards of FAR Part 9 to be eligible for award.

Although the Government intends to award a purchase order as a result of this solicitation, the Government reserves the right to reject any and all quotes received and not award any item or items from this solicitation.

14. The following FAR, DFARS and DLAD clauses apply to this acquisition:

FAR 52.212-4 Contract Terms and Conditions – Commercial Items

TECHNICAL REQUIREMENTS

The resulting purchase order will incorporate technical and/or quality requirements (identified by an “R” or an “I” number in section B) set forth in full text in the DLA Master List of Technical and Quality Requirements found on the web at: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. For Simplified Acquisitions, the revision of the Master in effect on the solicitation issue date or the award date controls. For Large Acquisitions, the revision of the Master in effect on the RFP issue date applies unless a solicitation amendment incorporates a follow-on revision, in which case the amendment date controls.

MARK CONTRACT NUMBER ON ALL CORRESPONDENCE

Contractor must mark the contract or purchase order number on all paperwork and shipments. The order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.

ORGANIZATIONAL CONFLICT OF INTEREST

1. The contractor shall be ineligible from participation as a contractor, subcontractor, or consultant in any procurement arising or resulting from any of the services provided to DLA on this contract. This restriction includes providing services to any potential bidders on such procurements. The contractor shall not incorporate its product or services in any statement of work or specification unless directed to do so in writing by the Contracting Officer.

2. If the contractor, in the performance of this contract, obtains access to information such as plans, policies, reports, studies, financial data, internal data, or any other non-public information or information by the Privacy Act, the contractor agrees not to release such information without prior written approval from the Contracting Officer. The use of such information for personal gain is prohibited.

3. In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, or other confidential or privileged technical, business, or financial information under this contract, it shall treat such information in accordance with any restrictions imposed on such information.

The following clauses are Addenda to FAR 52.212-4 – Contract Terms and Conditions – Commercial Items and are incorporated by reference:

FAR 52.204-13 System for Award Management Maintenance

FAR 52.204-18 Commercial and Government Entity Code Maintenance

FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.232-39 Unenforceability of Unauthorized Obligations

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

FAR 52.247-34 F.o.b. – Destination

FAR 52.253-1 Computer Generated Forms DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.223-7008 Prohibition of Hexavalent Chromium

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors DFARS 252.225-7036 Buy American-Free Trade Agreements- Balance of Payments Programs DFARS 252.225-7048 Export-Controlled Items

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DFARS 252.232-7010 Levies on Contract Payments DFARS 252.243-7001 Pricing of Contract Modifications DFARS 252.244-7000 Subcontracts for Commercial Items

DFARS 252.247-7023 Transportation of Supplies by Sea DFARS 252.247-7024 Notification of Transportation of Supplies by Sea

The following clauses are Addenda to FAR 52.212-4 – Contract Terms and Conditions – Commercial Items and are incorporated in full text:

FAR 52.252-2 -- Clauses Incorporated by Reference This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/.

(End of Clause) DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s) – INVOICE.

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer – N/A

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system:

kathleen.toland@dla.mil

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact: Not Applicable

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders–Commercial Items.

In paragraph (a) the following clauses apply:

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.233-3 Protest After Award

FAR 52.233-4 Applicable Law for Breach of Contract Claim In paragraph (b) the following clauses apply:

FAR 52.219-28 Post Award Small Business Program Representation

FAR 52.222-3 Convict Labor

FAR 52.222-19 Child Labor—Cooperation with Authorities and Remedies

FAR 52.222-21 Prohibition of Segregated Facilities

FAR 52.222-26 Equal Opportunity

FAR 52.222-36 Equal Opportunity for Workers with Disabilities

FAR 52.222-50 Combating Trafficking in Persons

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

FAR 52.225-13 Restrictions on Certain Foreign Purchases

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

SOURCE SELECTION INFORMATION SEE FAR 2.101 AND 3.104 FOUO