Attch_1_OSP.pdf
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- Attached to
- Contractor Owned Contractor Operator Storage Services Federal contract opportunity
- Solicitation number
- SPE600-17-R-0510
- Issued by
- Defense Logistics Agency Energy
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Attachment 1 - OSP
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| SF30_Amendment_002.pdf | ||
| Amendment_2_-_PWS_Port_Mahon_5-12-17.pdf | ||
| Attch_3_Q&A.pdf | ||
| SF30_SPE60017R05100001.pdf | ||
| Amendment_1_-_PWS_Port_Mahon_PWS_4-25-17_(Attachment_1).pdf | ||
| Attch_2_WD.pdf | ||
| SF1449.pdf | ||
| Attch_3_PPQ.pdf | ||
| Attch_2_WD.pdf |
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OSP, SPE600-17-R-0510
PORT MAHON, DE
OFFEROR SUBMISSION
PACKAGE
COCO STORAGE SERVICES
PORT MAHON, DELAWARE
SOLICITATION
SPE600-17-R-0510
TO BE TIMELY, OFFERS MUST BE RECEIVED AT DLA ENERGY
BY
2 MAY, 2017 NOT LATER THAN 01:00 P.M., LOCAL FT. BELVOIR, VA (EST) TIME
INSTRUCTIONS:
1. The original and one (1) copy of this Offeror Submission Package must be returned to the Defense Logistics Agency - Energy with your offer. All documents to be completed and returned are contained in this package. See FAR 52.212-02 Evaluation -- Commercial Items (OCT 2014)/ADDENDUM to FAR 52.212-02, FAR 52.212-01 Instructions to Offerors – Commercial Items (JAN 2017)/ADDENDUM to FAR 52.212.01, and Contract Provision L116.01- Data Requirements (Storage) (DLA Energy Jan 2013) for additional information to be submitted.
2. Be sure to check your offer prices in Section B for accuracy and legibility prior to submission. Be sure to initial all changes, and sign and date the Standard Form 1449 (SF 1449) in blue or black ink.
3. Facsimile proposals are NOT authorized. Please ensure that labels on overnight mailings clearly show the solicitation number and are addressed to the Bid Custodian at the address listed on Page 3 of the Request for Proposal.
4. By submission of this package, you are stating that all terms and conditions of the solicitation are accepted and apply to your offer unless clearly stated herein on a separate sheet.
ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS
Note: See Addendum to FAR 52.212-1- INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Oct 2015), DLA Energy Contract Provisions L116.01- DATA REQUIREMENTS (STORAGE) (DLA Energy Jan 2013) and FAR 52.212-2- EVALUATION – COMMERCIAL ITEMS (Oct 2014) and Addendum for complete instructions on how to submit a proposal.
A. Attached is Solicitation SPE600-17-R-0510 for COCO Storage Services to be performed at Port Mohan, DE. In accordance with the attached performance work statement. These services include ancillary facilities and services for receiving storing, protecting, and shipping Turbine Fuel Aviation, Grade Jet A with outbound shipments of re-graded product to F24 (Jet A with Additives).
B. The NAICS code is 493190 and the threshold is $27.5 million in annual receipts. The point of contact for Small Business Affairs is Mr. Gregory Thevenin, 703-767-9465.
C. FAXED PROPOSALS ARE NOT AUTHORIZED. Please e-mail your proposal to:
bidcustodian@dla.mil. All e-mail proposals MUST be followed-up with the hard copy (consisting of two volumes as outlined below) NO LATER THAN (5) business days after solicitation closing. Late proposals will be processed in accordance with FAR 15.208 – Submission, Modification, Revision, and Withdrawal of Proposals. Offeror’s proposals shall be prepared in two separate volumes and provided in the quantities shown below:
Volume Title No. of Copies Required Page
Limit I Technical Proposal 1 original and 1 PDF electronic copy 70 II Offeror Submission
Package (OSP) includes Price Proposal
1 original and 1 PDF electronic copy of Attachment II – OFFEROR SUBMISSION
PACKAGE
None
III Past Performance
(PPQ)
I PDF electronic copy None
D. DLA ENERGY-FESBC is the designated office for receipt of offers. Your proposal must be received no later than 01:00 PM local Fort Belvoir, VA (EST) time on 2 May 2017. All offerors shall clearly mark envelopes/packages sent in response to this solicitation with the words, “Offer Under Solicitation SPE600-17-R-0510.” Mailed offers should be mailed to the following address:
US Post Office/US Post Office Express Mail offer only: Hand Carried/Courier Delivery Service only:
ATTN: DLA Energy-FESBC, Bid Custodian Room 2945 ATTN: DLA Energy-FESBC, Bid Custodian Room 2945 Defense Logistics Agency Energy Raquel Moore /Telephone: 703-767-7664 8725 John J. Kingman Road, Suite 2945 Defense Logistics Agency Energy Fort Belvoir, Virginia 22060-6222 8725 John J. Kingman Road, Suite 2945 Fort Belvoir, Virginia 22060-6222
For Verification of Receipt: Contact Raquel Moore at (703) 767-7664.
Do not return the entire solicitation package. Simply complete and return one original, and one PDF electronic copy of the Offeror Submission Package and one original and one PDF electronic copy of the Technical Proposal submissions as described in 52.212-1 INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (APR 2014) with Addendum (SEP 2016). Your prices must be inserted in Clause B-0001 B34.01 SERVICES TO BE FURNISHED (AARD) (DLA ENERGY FEB 1990) in the mailto:bidcustodian@dla.mil
Offeror Submission Package. Proposed prices that are unrealistically low may be considered an indication of a lack of understanding of the solicitation requirements.
QUESTIONS RELATING TO THIS SOLICITATION: Must be emailed to Raquel Moore, Contract Specialist at Raquel.Moore@dla.mil or Lake Mitchell at LaKeetha.Mitchell@dla.mil no later than April 25, 2017. Please reference the Solicitation Number SPE600-17-R-0510 on the SUBJECT LINE of your email.
E. Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions of this solicitation. Any exceptions to any part of this solicitation must be specifically identified in a cover letter to your proposal.
F. The Government intends to evaluate proposals and award contract after written or oral discussions with all responsible offerors that submit proposals within the competitive range. This procurement will use Source Selection Procedures using Lowest Price Technically Acceptable (LPTA) process (FAR15.101-2).
See FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (Oct 2014) for evaluation factors. The resulting type of contract will be Firm Fixed Price.
G. Notice regarding any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of a Government contract is voidable at the option of the Government.
H. Care should be taken to mail correspondence relating to this solicitation or resulting contract to the appropriate office as indicated in the applicable clauses.
I. DEPARTMENT OF LABOR WAGE DETERMINATIONS: The minimum wage rates and fringe benefits applicable to the period of performance are contained in the following Wage Determination (See Attachment 2):
Location: Kent County, DE WAGE DETERMINATION: 2015- 4217 Rev. 18, dated 07/20/2016
J. NOTICE REGARDING SUSPENSIONS/DEBARMENT/INELIGIBILITY: Any contract awarded to a
Contractor who, at the time of award was suspended, debarred, and ineligible for receipt of contract with Government Agencies or in receipt of a notice of proposed debarment from any Government Agency, is voidable at the option of the Government.
K. Tax Exempt Number: For the Defense Logistics Agency- Energy is: 31-4420477.
L. Pricing of Services:
1. The prices submitted must be inclusive of all direct costs, indirect costs, and profit. Offerors
MUST include ALL cost associated with providing the services described herein.
2. The Government SHALL NOT be responsible for compensating the Contractor for any cost tied to solicitation requirements but not factored into the proposed prices, either by the Contractor’s intention or by mistake.
mailto:Raquel.Moore@dla.mil mailto:LaKeetha.Mitchell@dla.mil
TABLE OF CONTENTS
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
B-0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) 5
SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT
C0001 - C19.07 SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE)
(DLA ENERGY JAN 2012) 6
SECTION E – INSPECTION AND ACCEPTANCE
E-0001-E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000) 6
E-0002-E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE
TANKS (DLA ENERGY NOV 2003) 7
E-0003-E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA
ENERGY DEC 2011) 8
SECTION F – DELIVERIES OR PERFORMANCE
F-0001-F1.11 DLA IINTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR
2014) 10
SECTION G – CONTRACT ADMINISTRATION DATA
G-0001-G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA
ENERGY DEC 1999) 11
G-0002-G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - FEDERAL
RESERVE WIRE TRANSER SYSTEM (DLA ENERGY JAN 2012) 12
SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
OFFERORS OR QUOTERS
52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (Apr 1985) 13 52.204-3 TAXPAYER IDENTIFICATION (Oct 1998) 14
52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016) 16
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT
2015) 17
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (Jul 2013) 19
52.212-3 OFFEROR REPRENTATIONS AND CERTIFICATIONS – COMMERCIAL
ITEMS (Jan 2017) 20
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) 41
52.219-2 EQUAL LOW BIDS (OCT 1995) 45
52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 45
K-0001-K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 45
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
B0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)
The services to be furnished during the period specified herein and the unit prices are as follows:
Period of Performance (PoP) four (4) years (CLIN 0001): May 1, 2017 through April 30, 2021 Period of Performance (PoP) five (5) years (CLIN 0002): May 1, 2021 through April 30, 2026 Period of Performance (PoP) six (6) months (CLIN 0003): May 1, 2026 through November 31, 2026
CONTRACT LINE ITEM NUMBER (CLIN): 0001 (MUCC, V20000033, PSC CODE: X1GC, Unit of Measure: EA) The Contractor shall operate and maintain the Contractor-owned and operated bulk fuel facilities in accordance with Performance Work Statement, Section C, and all other terms and conditions set forth herein, for this performance period. The services and facilities to be provided during the performance of this contract are to be consolidated and priced per CLIN per PoP.
AREA(S) OF CONSIDERATION: Port Mahon, Delaware
CLIN MONTHLY QTY TOTAL
0001 $ 48 $
OPTION $ 60 $
TOTAL $ $
NOTE: IAW FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999), the contractor is accepting that prices for the six (6) month extension(s) (if required) will remain the same as the prior 6 month prices offered under DLA Energy Contract Provision B0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) unless otherwise stipulated.
TANK
NO. TYPE
SHELL CAPACITY
BARRELS
FILL CAPACITY
BARRELS
Use charge per tank per month (Prorated for part months) includes initial fill and final shipment price
SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK
STATEMENT
C0001 - C19.07 SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) (DLA
ENERGY JAN 2012)
(a) SAMPLING. The samples identified in the solicitation attachment entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. The Contractor must provide these samples using qualified personnel, facilities, and equipment on-site and shall include all associated costs in the monthly service charge. These on-site resources may be provided by Contractor personnel or by a commercial source acting on behalf of the Contractor. The Quality Representative will not be responsible for taking any samples for the Contractor. All samples must be taken in accordance with ASTM D 4057, Standard Practice for Manual Sampling of Petroleum and Petroleum Products (API Manual of Petroleum Measurement Standards (MPMS), Chapter 8.1).
(b) TESTING. The tests identified in this solicitation attachment entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. Those tests identified in the attachment which are part of a higher order analysis (defined as follows:
Composite Samples, Storage Tanks After Receipt, Interface Mixture, Dormant Stocks, and Individual Tests, including particulate contamination) shall be provided by the Contractor using one of the following options (the Contractor shall check the appropriate box below):
[ ] The Contractor will perform the tests using its own qualified personnel, facilities, and equipment. (All costs for this service are to be included in the monthly service charge.)
[ ] The Contractor will not perform the tests using its own personnel, but will provide on a seven days per week, 24 hours a day basis, it’s own facilities and equipment for testing of product by Government personnel. (All costs for this service are to be included in the monthly service charge.)
[ ] The Contractor will not provide its own personnel, facilities, or equipment. Instead, the Contractor will, within 24 hours after sampling, transport any sample(s) to a commercial laboratory approved by the Government and arrange for that commercial laboratory to perform all the required tests. The Government, at its own option, may direct that samples be tested at a Government laboratory under contract to the Government.
In this case, transport of such samples is still the responsibility of the Contractor. (The Government will reimburse the Contractor for the actual costs of the tests performed by their commercial laboratory. All other associated costs must be included in the monthly service charge.)
All other tests found in the above referenced attachment, which are not part of a higher order analysis, shall be provided in accordance with the CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) contract provision.
(c) All facilities and equipment to be provided, whether that of a Contractor or a commercial laboratory, must conform to the standards for such facilities and equipment established by the Occupational Safety and Health Act and the National Fire Protection Association or local regulations, whichever is more stringent.
SECTION E – INSPECTION AND ACCEPTANCE
E-0001-E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000)
(a) Upon award, the Contractor shall prepare, in triplicate and in English, a Quality Control Plan (QCP). Prior to the first receipt of Government-owned product into the facility, two copies of the QCP shall be forwarded to the Contracting Officer and one copy to the assigned Quality Assurance Representative for approval.
(b) The QCP shall include the following quality control procedures employed by the Contractor.
(1) Receiving (both product and additives);
(2) Blending;
(3) Sampling;
(4) Testing;
(5) Storage and handling;
(6) Loading and shipping;
(7) Calibration program for testing and measuring equipment in accordance with ISO 10012-1, "Quality Assurance Requirements for Measuring Equipment, Part I." Equivalent local regulation, as appropriate, may be used as well. Whichever program used must include a section addressing meter proving (used to determine quantity) and must comply with the American Petroleum Institute Manual of Petroleum Measurement Standards, Chapters 4, 5, and 6, or equivalent foreign standard. For any item that requires calibration but is not covered by ASTM, API, or IP publications, the applicable manufacturer's recommended calibration method(s) outlined in the applicable industry publication shall be used if acceptable to the Government;
(8) Quantity measurement;
(9) Records and reports; and
(10) Corrective action procedures (to include, but not be limited to, procedures for notification of Quality Representative, actions to be taken on discovery of off-spec product during receipts/shipments, upgrading procedures for Contractor-caused contamination, leaks, etc.). The QCP shall also include an organizational chart of key personnel and their responsibilities and a schematic diagram of the facility with key inspection/activity points marked for each product handled.
(c) The QCP shall require that each Contractor employee be familiar with its content and shall state that it must be reviewed semiannually and revised as needed. Revision should occur when any change is made to the inspection system, when any corrective action needs to be incorporated due to quality problems, and as otherwise necessary. The Contractor shall sign and date each revision of the QCP.
E-0002-E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA
ENERGY NOV 2003)
(a) The Contractor shall maintain and make available upon request the following historical data relative to each storage tank provided:
(1) Date and type of construction;
(2) Name of installing contractor;
(3) Product service (past and present) and dates;
(4) Date of last cleaning/physical entry inspection and contractor's name;
(5) Structural condition based on cycle inspection at the time of cleaning or repair;
(6) Record or tank repairs;
(7) Tank dimensions and capacity;
(8) Inspection and tank cleaning frequency (date of next mandatory inspection, when tank out of service, required);
(9) Tank coating history;
(10) Tank strapping charts;
(11) As built drawings (if available); and
(12) Records of product tests and trends.
(b) At the Contractor's expense, the Contractor shall empty, inspect, and clean each bulk petroleum storage tank and dispose of all tank bottom waste for each tank furnished under this contract at the following intervals. When tank cleaning does take place, the Contractor, at his own expense, shall be responsible for providing alternate tankage and transferring the remaining product to that tankage. Such tankage shall be suitable for storing the transferred product and shall be of equal or greater capacity than the tankage being cleaned. Any proposed reduction in the storage capacity cited in the contract must be approved by the Contracting Officer in advance.
(1) AVIATION FUEL STORAGE TANKS.
(i) Every 4 years for uncoated storage tanks without an inlet-filter separator;
(ii) Every 6 years for either a coated tank without an inlet filter separator, or for an uncoated tank with an inlet-filter separator; and
(iii) Every 8 years for coated tanks with an inlet-filter separator.
(iv) For storage tanks with direct receipt of fuel from barge or tanker, the frequency for physical entry inspection and cleaning will be 3, 5, and 8 years for (i), (ii), and (iii) above, respectively.
(v) Tanks will be emptied, cleaned, and inspected more frequently than the periods stated in (i) through (iv) above when sample analysis indicates a build up of sediment in the tanks.
(2) GROUND AND MARINE FUEL STORAGE TANKS. Tanks will be emptied, cleaned, and inspected when sample analysis indicates a build up of sediment in the storage tanks.
(c) The time for cleaning will be measured from the date of the last cleaning regardless of whether the tank was under contract with DLA Energy at the time of the last cleaning.
(d) Samples will be taken and tested at Government expense. If tank cleaning is required earlier than the criteria listed in (b)(1) above and the Government is shown to be at fault, then the Government will be responsible for cleaning, sampling, and testing costs. In all other cases, tanks requiring cleaning will be removed from revenue and cleaned at the Contractor's expense.
(e) At the time of offer submission, the offeror shall provide the Contracting Officer with a listing of all tank inspections and cleanings, and other activities that would take a tank out of service, which are anticipated to occur during the contract period (see chart below). This listing shall include the tank number, location, reason for being out of service, dates the tank will be out of service and provisions that have been made to replace the tankage while it is out of service. Updates to the listing shall be sent to the Contracting Officer as soon as a change is known.
Tank Number Location Reason Dates Replacement Tankage
E-0003-E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA ENERGY DEC
2011)
(a) Inspection and tests by the Government of services, facilities, and equipment specified within this contract does not relieve the Contractor from responsibility to meet all requirements of the contract.
(b) The Contractor shall furnish personnel, facilities, and equipment on-site to accomplish the following routine tests and procedures. These on-site resources may be provided by Contractor personnel or by a commercial source action on behalf of the Contractor. The Quality Representative will not be responsible for performing any of these services for the Contractor.
(1) Sampling of storage tanks, shipments and receipts in accordance with ASTM D 4057, Standard Practice for Manual Sampling of Petroleum and Petroleum Products (API Manual of Petroleum Measurement Standards (MPMS), Chapter 8.1);
(2) Retaining of product composite samples from shipments and receipts as follows:
MINIMUM
METHOD OF SHIPMENT MINIMUM QUANTITY RETENTION PERIOD
Pipeline 20 liters 60 days
Tanker/Barge Parcel Composite 20 liters 90 days Each compartment 0.5 liters 90 days
Navy Fleet Oilers/Vessels 10 liters 60 days
Tank Truck/Car 1 liter 15 days
NOTE: After the minimum retention period, samples shall be tested for Appearance, Color (Visual), API Gravity/Density and Flash Point and, if found to be on-specification, shall be returned to like Government stock on-site. Sample containers may be reused if properly cleaned.
(3) Determining the presence of water in storage tanks, shipments and receipts. Ensure that accurate water cuts are obtained by means of a water indicating paste conforming to MIL-W-83779B. Two suggested sources are Stewart Hall Chemical Testmaster Water Indicating Paste or Sartomer Sar Gel Water Indicating Paste (see Note 2 below);
(4) Determining Density at 15 degrees Celsius or API gravity of products by ASTM D 1298 or ASTM D 4052 (see Note 2 below);
(5) Determining the temperature of products by the API MPMS, Chapter 7 (see Note 2 below);
(6) Determining the Appearance of applicable products using ASTM D 4176, Procedure 1 (see Note 2 below);
(7) Determining the visual color of products.
(8) Determining the Flash Point of applicable products using test methods cited in the appropriate product specification (see Note 2 below);
(9) Conversion of gross to net gallonage (liters);
(10) Determining the percentage (volume) of fuel system icing inhibitor (FSII) by means of a portable refractometer in accordance with ASTM D 5006. One suggested source is H.B. Industries, Inc., Glenview, IL 60025 (B/2 Anti-Icing Additive test kit) (see Note 2 below); and
(11) Determining the range of fuel electrical conductivity using ASTM D 2624. One suggested source for a conductivity meter is Emcee Electronics, Inc., Sarasota, FL 33581 (Model 1152) (see Note 2 below).
Note 1: All costs for providing the above tests and procedures shall be included in the monthly service charge. The only exception to the Contractor’s obligation to provide these services as part of the monthly service charge is when the tests described above are part of the higher order analysis (defined as the following categories: Composite Samples, Storage Tanks After Receipt, Interface Mixtures, Dormant Stocks and Individual Tests (including particulate contamination) found in the PWS to the solicitations entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING. Provisions for providing higher order analyses are covered in the SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) contract provision.
Note 2: Upon request, the Contractor shall permit the Quality Representative unrestricted use of the equipment and ancillary supplies needed to perform this test/procedure on behalf of the Government.
(c) During the contract, the Contractor shall furnish representative samples of the product in each storage tank, shipment or receipt at the request of, and in the manner and to the place designated by, the Quality Representative. Sample size will be 2 gallons for gasoline-type fuels and one gallon or 10 gallons for jet diesel-type fuels. The number of samples to be furnished during any 12-month period shall not exceed eight times the number of tanks specified in the contract. Such samples shall be packed, marked, and shipped by the Contractor, shipping expense prepaid, in containers and shipping boxes furnished by the Contractor. Sample containers shall be epoxy coated on the interior. This requirement is in addition to sampling required elsewhere in this contract provision and the contract. All reasonable direct shipping costs associated with samples required by this paragraph shall be reimbursed upon request from the Contractor and such costs shall not be included in the monthly service charge. However, all other costs related to this requirement shall be included as part of the monthly service charge.
SECTION F – DELIVERIES OR PERFORMANCE
F-0001-F1.11 - DLA Internet Bid Board System (DIBBS) (DLA ENERGY) (APR 2014)
(a) Contractor Registration. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. Contractors are strongly encouraged to establish a group email address for the primary email address for the contractor’s authorized point of contacts. The registered email addresses will be the only email used by the government to make notifications.
(b) All contractors must have an active System for Award Management (SAM) account, http://www.sam.gov in order to register for DIBBS.
(c) The Contractor shall use DIBBS to receive orders. DLA Energy will not be using DIBBS receipt of quotes capability. All quotations, proposals, bids shall be submitted in accordance with the terms and conditions of the solicitation.
(d) Preparation and Transmission of Orders
(1) The Government may issue an order for a specific delivery or a series of deliveries (e.g., several deliveries during a week). The Government may also elect to issue an order covering a longer period (including monthly orders) and make periodic calls against these orders designating specific delivery dates, times, and quantities.
(2) Only a DLA Energy warranted Contracting Officer can issue an order, either orally or in writing, against a contract. An oral order issued by the warranted Contracting Officer shall provide the required advance notice to the Contractor and the following information: Interim order number;
contract number; item number; ceiling price; quantity; delivery location; and the required delivery and/ or service date.
(i) For all product orders, the Contractor will receive an electronically signed written order via DIBBS, within 24 hours or one business day after the warranted Contracting Officer issues an oral order.
(ii) For all service orders, the Contractor will receive an electronically signed written order via DIBBS, within five business days after issuing the oral order.
(iii) Interim order number is subject to change once the electronically signed written order is received by the contractor. The order number on the written order will take precedence over the interim order number, if different.
(iv) Regardless of the unit price cited on the written order, the office designated to make payments on the written order will pay the applicable unit price in effect under the terms and conditions of the contract.
(v) Once the order has been issued, an email will be sent to the Contractor to provide notice that the order is available on the contract-specific web page. The order will also be submitted to the payment office.
(3) Calls against previously issued orders must be confirmed in writing within 24 hours or one business day via email message. The email confirmation will reference the previously issued order number and item number and designate specific delivery location, dates, and quantity to be delivered against that order.
https://www.dibbs.bsm.dla.mil/ http://www.sam.gov/
(4) The Contractor’s nonreceipt of a written or electronic confirmation of an oral order or oral call against a written or electronic order does not relieve the Contractor from its obligation to perform in accordance with the oral order or oral call against a written or electronic order. The Contractor should contact the DLA Energy Contracting Officer if problems are experienced with receipt of the electronic or written confirmation
SECTION G – CONTRACT ADMINISTRATION DATA
G-0001-G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC
1999) Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies. (See the PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR REGISTRATION clause.)
Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:
(a) Payee Name (Contractor): | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
(b) Check Remittance Address:
(DO NOT EXCEED 30 CHARACTERS PER LINE)
(c) Narrative Information (special instructions).
(DO NOT EXCEED 153 CHARACTERS)
G-0002-G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE
WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012)
(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be capable of receiving Federal wire transactions via either a SWIFT Code or an IBAN.
(b) Any change by the Contractor in the designation of the bank account to receive electronic transfer of funds in accordance with this provision must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.
(c) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.
COMPLETE THE FOLLOWING INFORMATION (TYPE WRITTEN OR CLEAR PRINTING)
RECIPIENT’S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
ORIGINATOR ABA: ____044036205____ (DLA ENERGY fill-in)
CONTRACT NUMBER: ______________________________________________ (DLA ENERGY fill-in)
RECIPIENT’S CAGE CODE: __________________
[ ] CHECKING TYPE 22
[ ] SAVINGS TYPE 32
RECIPIENT’S DUNS NUMBER: ______________________________________
BENEFICIARY’S BANK NAME: | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 29 CHARACTERS)
BENEFICIARY’S BANK ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
(DO NOT EXCEED 25 CHARACTERS)
BENEFICIARY’S BANK ACCOUNT NUMBER: ______________________________________
BENEFICIARY’S BANK SWIFT NUMBER: | | | | | | | | | | | |
(EITHER 8 OR 11 CHARACTERS ONLY)
IBAN NUMBER: ______________________________________
BENEFICIARY’S BANK SORT CODE: | | | | | | | (FOR BANKS IN THE UNITED
KINGDOM ONLY)
(6 CHARACTERS ONLY)
(d) CONTRACTOR’S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS
TRANSFER INFORMATION.
NAME | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TITLE | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TELEPHONE NUMBER | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
SIGNATURE _______________________________________________________
(e) Notwithstanding any other provision of the contract, the requirements of this provision shall control.
SECTION K- REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFERORS OR QUOTERS
52.203-2 – CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (Apr 1985)
(a) The offeror certifies that --
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to --
(i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --
(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or
(2)
(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
(End of Provision)
52.204-3 – TAXPAYER IDENTIFICATION (Oct 1998)
(a) Definitions.
“Common parent,” as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
“Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the IRS. If the resulting contract is subject to the reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.
(d) Taxpayer Identification Number (TIN).
[_] TIN:_____________________.
[_] TIN has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government;
[_] Offeror is an agency or instrumentality of a Federal Government;
(e) Type of organization.
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax-exempt):
[_] Corporate entity (tax-exempt):
[_] Government entity (Federal, State, or local);
[_] Foreign government;
[_] International organization per 26 CFR 1.6049-4;
[_] Other _________________.
(f) Common Parent.
[_] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
[_] Name and TIN of common parent:
Name_______________________________
TIN________________________________
(End of Provision)
52.204-6– UNIQUE ENTITY IDENTIFIER (Oct 2016)
(a) Definitions. As used in this provision--
“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
52.209-5—CERTIFICATION REGARDING RESPONSIBILITY MATTER (Oct 2015)
(a)
(1) The Offeror certifies, to the best of its knowledge and belief, that --
(i) The Offeror and/or any of its Principals --
(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and
(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples.
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.
This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C.
362 (the Bankruptcy Code).
(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (Jul 2013)
(a) Definitions. As used in this provision—
“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).
This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
“Federal contracts and grants with total value greater than $10,000,000” means—
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in—
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
52.212-3 OFFEROR REPRENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (Jan 2017)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision--
“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Civil judgment” means--
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are https://www.acquisition.gov/ http://www.sam.gov/portal…
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