Attachment_1_OFFER_SUBMISSION_PACKAGE.pdf

OFFER SUBMISSION PACKAGE

SOLICITATION: SPE602-19-R-0709 CONUS (FUEL SYSTEM ICINGINHIBITOR (FSII))

PURCHASE PROGRAM: 4.8

DELIVERY PERIOD:

JULY 1, 2019 THROUGH JUNE 30, 2021, plus a 30 day carry-over period

TO BE TIMELY, OFFERS MUST BE RECEIVED AT THE DEFENSE LOGISTICS

AGENCY BY:

June 18, 2019 at 3:00PM, Fort Belvoir, VA Local Time

Offer Submission Package

SPE602-19-R-0709

INSTRUCTIONS

1. To be evaluated for award, one copy of this Offer Submission Package must be returned to Defense Logistics Agency Energy. All documents to be completed and returned are contained in this Offer Submission Package or as an attachment to the solicitation on FedBizOpps. The following documents are needed by May 30, 2019 at 3:00PM, Fort Belvoir, VA Local Time:

• Signed Standard Form 1449

• Offer Submission Package (OSP)

• All Applicable Fill-In Clauses

• A signed copy of all Amendments (If applicable)

2. Be sure to check your offer prices in Section B for accuracy and legibility prior to submission. Initial all changes and sign and date the Standard Form 1449.

3. Please type, DO NOT HAND WRITE ENTRIES.

4. If you are submitting your offer by e-mail, please limit your e-mail transmission to the contents of this Offer

Submission Package along with the signed Standard Form 1449, all applicable fill-in clauses, and all signed amendments if applicable.

5. By submitting this Offer Submission Package, you are stating ALL terms and conditionsof the solicitation are accepted and apply to your offer, unless clearly stated herein.

6. The e-mail address to submit your offer is BulkFuelsBidCustodian@dla.mil.

7. For each item to be delivered, offerors are required to submit a Safety Data Sheet (SDS) for ALL offered products.

mailto:BulkFuelsBidCustodian@dla.mil

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B1 SUPPLIES TO BE FURNISHED (BULK) (DLA ENERGY JAN 2012)

(a) The minimum and maximum quantities are defined in the contract provision DELIVERY-ORDER

LIMITATIONS – SCOPE OF CONTRACT.

(b) The supplies to be furnished during the contract period and all associated data are as follows:

NOTE: Please review the Schedule of Requirements located in the Solicitation. After reviewing the requirements, complete the OFFER SCHEDULE below:

OFFER SCHEDULE

DESTINATION OFFER SHEET

PRODUCT

(i.e., FSII)

SHIPPING

POINT

TO LOCATION

(i.e. Hill AFB, UT)

SOLCITATION

LINE ITEM

NUMBER

(i.e. Item: 0017)

MAXIMUM

QUANTITY

(USG)

MINIMUM

QUANTITY

(USG)

MODE OFFERED

PRICE

(USD/USG)

Modes: T = Truck; V = Intermodal container/sea van

VENDOR NOTES:

QUANTITES AVAILABLE FOR AWARD

SOURCE OF

SUPPLY

MODE

QUANTITY

AVAILABLE

(USG)

MINIMUM

QUANTITY

AVAILABLE

(USG)

SOURCE OF SUPPLY

1. Maximum Monthly Production Capacity:

MODE SOURCE OF

SUPPLY

SHIPPING POINT

MONTHLY

PRODUCTION (USG)

Would the quantity awarded out of any shipping point affect the quantity available for award out of any other shipping point: If YES please give details below:

2. Source/Refinery Location:

SOURCE/REFINERY SHIPPING POINT MODE

3. FOB Destination Minimum/Maximum Parcel Size:

MODE

MINIMUM

DAILY

QUANTITY

(USG)

MAXIMUM

DAILY

QUANTITY

(USG)

DAYS OF

WEEK

TERMINAL

OPEN

HOURS

EACH DAY

TERMINAL

OPEN

NUMBER

OF

RACKS

MAX

LOADS

PER 8

HOURS

MAX

LOADS

PER 24

HOURS

SECTION M – REQUESTS FOR EXCEPTION

EXCEPTION REQUEST

All requests for exceptions to the solicitation and amendments must be included in this section. Please be a specific as possible when submitting a request for exception and use a separate line for each exception being requested.

Inclusion of the request for exception in the offer should not be construed as acceptance by the Government until such acceptance is expressly stated by the Contracting Officer.

Any exception stated elsewhere in the offer that is not included in section M of the Offer Submission Package will NOT be considered a valid request for exception and will not be considered for award.

1. SECTION B / SUPPLIES OR SERVICES AND PRICES/COST: List all exceptions to this section; identify the solicitation clause or provision applicable to each exception.

Clause/Provision Exception Requested

2. SECTION C / DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK: List all exceptions to this section;

identify the solicitation clause or provision applicable to each exception.

3. SECTION E / INSPECTION AND ACCEPTANCE: List all exceptions to this section; identifythe

4. SECTION F / DELIVERIES OR PERFORMANCE: List all exceptions to this section; identify the

5. OTHER EXCEPTIONS: List all exceptions to the solicitation and amendments other than those for Sections B, C, E or F of the Solicitation. Identify the solicitation section and clause or provision applicable to each exceptionrequested.

Any exception stated elsewhere in the offer that is not included in section M of the Offer Submission Package will NOT be considered a valid request for exception and will not be considered for award.

SECTION E - INSPECTION AND ACCEPTANCE

QUALITY ASSURANCE

Pursuant to FAR 52.212-1, the offeror must demonstrate an understanding of the quality assurance requirements in Quality Assurance Provisions (QAPs) E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013) of the solicitation. Accordingly, offerors must indicate one of the following and submit the required documentation for review with their initial offer:

☐ A copy of the dated coversheet and table of contents of an existing QualityControl Plan (QCP), no more than 24 months old.

OR

☐ An outline, not to exceed two pages in length, of a proposed QCP describing the offeror’s current inspection system and quality assurance procedures, with references to the corresponding requirements in E1.

HAZARD COMMUNICATION STANDARD NOTICE

1. Suppliers will be required to submit, to the contracting officer for review and approval prior to award, safety data sheets consistent with the requirements found at 29 C.F.R. 1910.1200 for hazardous materials delivered to the Government.

2. Suppliers will also be required to submit, to the contracting officer for review and approval prior to award, hazardous warning labels in accordance with 29 C.F.R. 1910.1200 for hazardous materials delivered to the Government.

3. Finally, suppliers must train their employees on the new safety data sheets, hazardous warning labels, and requirements of 29 C.F.R. 1910.1200.

E33.07 MANUFACTURING AND FILLING POINTS (DLA ENERGY MAR 2006)

The name, complete addresses and telephone number of the manufacturing and filling points for each product to be furnished hereunder are as follows:

NAME, COMPLETE ADDRESS

AND TELEPHONE NUMBER OF

PRODUCT MANUFACTURING POINT/FILLING POINT

SECTION F - DELIVERIES OR PERFORMANCE

F3.02 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND

DETENTION RATES (BULK/LUBES) (DLA ENERGY JUN 1996)

(a) Upon arrival of Contractor's transport truck or truck and trailer, the receiving activity shall promptly designate the tanks into which the load is to be discharged. Free time will commence at the time the discharge hose is connected to fill pipe at the delivery point specified and will end when discharge is completed. For items involving multiple drops, time between drops will not be included in free time. Contractor shall be paid for detention beyond free time for delays caused by the Government. A minimum of one hour free time is required. Rate for detention shall be comparable to regulated tariffs governing the local area of receiving activity.

SHIPPING POINT FREE TIME FOR UNLOADING TRANSPORT

TRUCK OR TRUCK AND TRAILER (in hours)

RATE FOR DETENTION

BEYOND THE FREE TIME (in dollars per hour)

(b) The above will not be considered in the evaluation of offers for award, except that free time of less than one hour or detention rates not comparable to regulated tariffs may render an offer unacceptable/bid nonresponsive. UNLESS

OFFEROR INDICATES OTHERWISE, FREE TIME WILL BE CONSIDEREDUNLIMITED.

(c) DETENTION COSTS. Any invoices for detention costs will be forwarded directly to the ContractingOfficer.

F92.02 SCHEDULE OF REFINERY SHUTDOWNS FOR TURNAROUNDS (DOMESTIC ANDOVERSEAS

BULK) (DLA ENERGY OCT 2012)

(a) The offeror shall furnish to the Contracting Officer a tentative refinery shutdown schedule for the contract period. DLA Energy will review the offered quantity in conjunction with the turnaround period to ensure that the entire offered quantity can be delivered during the performance period. The offeror will identify the specific period(s) when the refinery will be shut down and the effect that the shutdown will have on availability of each product under the offer. Any revisions to this schedule will necessitate prior notice of at least 60 days in order to coordinate the placement of orders for the delivery of the entire contract volume.

(b) The offeror shall provide the following information:

(1) Refinery location: ;

(2) Shutdown period: ;

(3) Impact of shutdown period on supplyavailability:

; and

(c) If the refinery identified as the source of supply under the offer will be scheduled for shutdown for turnaround during the first 30 days of the scheduled delivery period, the offeror will provide an alternate source of supply for delivery of fuel equal to pro-rata or maximum monthly quantity identified in the Offer Information Sheet. This alternate supply will be identified prior to close of negotiations to ensure that appropriate evaluation factors for cost can be calculated and applied to the evaluation process.

(1) Name and location of alternate source of supply for first month of delivery period

(d) Unless the offeror states otherwise, the offer will be evaluated on the basis that there will be no refinery shutdowns for turnarounds that will have an impact on supply availability.

SECTION G - CONTRACT ADMINISTRATION DATA

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017)

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 – SYSTEM FOR AWARD MANAGEMENT or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN SYSTEM FOR AWARD MANAGEMENT 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)

SECTION I - CONTRACT CLAUSES

52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)

(a) Definition. “Qualification requirement,” as used in this clause, means a Government requirement for testingor other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source isactually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

(Name)

(Address)

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror’s Name

Manufacturer’s Name

Source’s Name

Item Name

Service Identification

Test Number (to the extent known)

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government’s best interests.

(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government’s interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016) DLAD

(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 inappropriatefor resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party.

Thedocumentation rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 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 with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate.

(c) The offeror should check here to opt out of this clause:

[ ] Alternate wording may be negotiated with the contracting officer.

52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of thecontract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract forexercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small- business-size-standards .

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

http://www.sba.gov/content/table-small-business-size-standards

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph

(b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the

NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number . [Contractor to sign and date and insert authorized signer's name andtitle].

Date Authorized Signer's Name and Title

DLAD 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC2016)

(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.

252.225-7020 TRADE AGREEMENTS CERTIFICATE (NOV 2014)

(a) Definitions. “Designated country end product,” “nondesignated country end product,”

“qualifying country end product,” and “U.S.-made end product” as used in this provision have the meanings given in the Trade Agreements—Basic clause of this solicitation.

(b) Evaluation. The Government—

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will consider only offers of end products that are U.S.-made, qualifying country, or designated country end products unless—

(i) There are no offers of such end products;

(ii) The offers of such end products are insufficient to fulfill the Government’s requirements; or

(iii) A national interest waiver has been granted.

(3) Certification and identification of country of origin. For all line items subject to the Trade Agreements— Basic clause of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in paragraph (c)(2) of this provision, is a U.S.-made, qualifying country, or designated country end product.

(4) The following supplies are other nondesignated country end products:

(Line Item Number) (Country of Origin)

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

(a) Definitions. As used in this provision—

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) FPSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [ ] Outside the United States.

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND STATEMENTS

K28 REFINERY INFORMATION (BULK) (DLA ENERGY JUN 1986)

Offerors are required to submit the following information on each item offered. Dealers should indicate the producing company and manufacturing point of the product on which they are offering. All such information shall be received by the Defense Logistics Agency Energy (DLA Energy) at time of initial offer.

COMPLETE ADDRESS (INCLUDING NAME OF REFINERY/SHIPPING POINT, STREET ADDRESS, CITY, COUNTY, STATE AND ZIP CODE, TELEPHONE NO., AND NO. OF EMPLOYEES AT EACH SHIPPING

POINT):

Name of Refinery/ShippingPoint:

Street Address:

City:

County:

State:

Zip:

Telephone:

Number of Employees:

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations.

NAME TITLE PHONE NUMBER E-MAIL ADDRESS

K86 FOREIGN TAXES (DLA ENERGY NOV 2014) – THIS CLAUSE APPLIES ONLY TO DLA

FUNDED ITEMS.

As stated in the TAXES - FOREIGN FIXED-PRICE CONTRACTS clause 52.229-6, unless the contract provides otherwise, the contract price must include all applicable foreign taxes, duties, fees, or foreign government-levied charges (“taxes and duties”). In accordance with the TAXES - FOREIGN FIXED-PRICE CONTRACTS clause 52.229-6, the offeror shall list below, in paragraph (a), the specific name and amount of the foreign taxes and duties included in the price. If, when permitted by the contract, foreign taxes and duties are not included in the offered price, but are expected to be invoiced separately, the offeror shall list the specific name and amount of these foreign taxes and duties in paragraph (b) below.

(a) Foreign taxes and duties included in the contract price are as follows:

Name of Tax, Duty, Fee, or Foreign Government Levied Charge Amount

(b) Foreign taxes and duties invoiced separately are as follows:

Name of Tax, Duty, Fee, or Foreign Government Levied Charge Amount

General Comments

Please include any general comments or notes that you wish to include in your offer in the area provided.