Propane and Diesel Fuel

*** 7 NOVEMBER 2023 - PLEASE SEE QUESTION AND ANSWER DOCUMENT ATTACHED.  THIS DOCUMENT WILL BE UPDATED AS NECESSARY TO PROVIDE SUPPLEMENTAL INFORMATION TO ASSIST IN DEVELOPING QUOTES.  ***

----------------------------------------------------------------------------------

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.  This announcement constitutes the only solicitation; Offers are being requested and a written solicitation (paper copy) will not be issued.  Further, offerors are responsible for monitoring this site for the release of amendments (if any) or other information pertaining to this solicitation. 

Solicitation FA875124Q0005 is issued as a Request for Quotation (RFQ).

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-05 and Defense Federal Acquisition Regulation Supplement Publication Notice (DPN) 20230929.

See https://www.acquisition.gov/ for the full text of all provisions and clauses incorporated by reference herein.

This procurement is being issued as small business set-aside under NAICS code 457210 and small business size standard 100 employees.

The contractor shall provide the following items on a firm fixed price basis in accordance with the Performance Work Statement dated 1 June 2023 (Attachment No. 1) including the cost of shipping FOB Destination: 

DF1-Diesel Fuel; qty. 2,100 Gallons (Est.)

Liquid Propane; qty. 24,000 Gallons (Est.)

Name, Email address, and Phone number of the end user POC associated with the delivery will be provided via Section F of any award resulting from this solicitation. 

Offerors shall provide at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice.

The anticipated Period of Performance is 23 November 2023 – 22 November 2024. All deliveries shall be made in accordance with FAR 52.247-34 FOB Destination (NOV 1991). The place of delivery, acceptance and FOB destination point is Rome, NY 13441; Stockbridge, NY 13409 and Newport, NY 13416.

The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023), applies to this acquisition. 

Addendum to the following paragraphs of 52.212-1 are:

(b) Written proposals/quotes are due at or before 9:00, (Eastern Time) 15 Nov 2023.  Submit by email to tiffany.slopka@us.af.mil. Offerors are encouraged to submit their proposals/quotes using the SF 1449, Solicitation/Contract/Order for Commercial Products and Commercial Services.

(b)(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(g) Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest and waive informalities and minor irregularities in offers received.

The provision at FAR 52.212-2, Evaluation -- Commercial Products and Commercial Services (NOV 2021) applies. In addition to the information within Paragraph (a), the following factors shall be used to evaluate offers:

(i) technical capability of the item offered to meet the Government requirement;

(ii) price

All evaluation factors other than price, when combined, are of equal importance.

Offerors are required to complete representations and certifications found in the provision at FAR 52.212-3, Offeror Representations and Certifications -- Commercial Products and Commercial Services (OCT 2022), as well as the following:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (MAY 2021)

252.225-7055, Representation Regarding Business Operations with the Maduro Regime (MAY 2022)

For your convenience all referenced certifications are attached to this solicitation. (Attachment No. 2) 

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Products and Commercial Services (DEC 2022), applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services (SEP 2023), applies to this acquisition.  The following additional FAR clauses cited are incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 

 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

52.233-3, Protest After Award

52.233-4, Applicable Law for Breach of Contract Claim

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-27, Prohibition on a ByteDance Covered Application

52.209-6, Protecting the Government Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.219-6, Notice of Total Small Business Aside DEVIATION 2020-O0008

52.219-28, Post Award Small Business Program Re-representation

52.222-3, Convict Labor

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

52.222-21, Prohibition of Segregated Facilities

52.222-26, Equal Opportunity

52.222-36, Equal Opportunity for Workers With Disabilities

52.222-50, Combating Trafficking in Persons

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury)

52.232-33, Payment By Electronic Funds Transfer—System For Award Management

The following additional FAR and FAR Supplement provisions and clauses also apply: (reference FAR 12.301)

52.204-16, Commercial and Government Entity Code Reporting

52.204-18, Commercial and Government Entity Code Maintenance

52.204-21, Basic Safeguarding of Covered Contractor Information Systems

52.204-22, Alternative Line Item Proposal

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

52.247-34, FOB Destination

252.203-7000, Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.203-7005, Representation Relating to Compensation of Former DoD Officials

252.204-7003 Control of Government Personnel Work Product

252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support

252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

252.223-7008, Prohibition of Hexavalent Chromium

252.225-7048 Export-Controlled Items

252.225-7972, Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems

252.225-7973, Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—Representation

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

252.232-7006, Wide Area Workflow Payment Instructions

252.232-7010, Levies on Contract Payments

252.244-7000, Subcontracts for Commercial Products and Commercial Services

252.247-7023, Transportation of Supplies by Sea – Basic

5352.201-9101, Ombudsman (JUL 2023) is hereby incorporated into this solicitation.  The Ombudsman for this acquisition is Ombudsman: Mr. Steven L. Ewers (Primary), AFRL/PK, 1864 Fourth Street, Wright-Patterson AFB OH 45433-7130, COMM (937) 904-9700, FAX (937) 656-7321, email: afrl.pk.workflow@us.af.mil

5352.223-9000, Contractor Access to Air Force Installations

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Department of the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and [ insert any additional requirements to comply with local security procedures ] to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with [insert any additional requirements to comply with AFI 31-101 , Integrated Defense, and DODMAN5200.02_AFMAN 16-1405 , Air Force Personnel Security Program ] citing the appropriate paragraphs as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.1, Health and Safety on Government Installations (JUL 2023)

5252.223-9001, Health and Safety on Government Installations

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Department of the Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

The Defense Priorities and Allocations System (DPAS) rating DO-C9 has been assignedto this effort.

All responsible organizations may submit a quote, which shall be considered.