This notice is a combined synopsis/solicitation for commercial items 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 will not be issued.
This notice is being issued as a Request for Proposal (RFP) OR Request for Quotations (RFQ)] for JET A FUEL WITH ADDITIVE PRIST, 8100 GALLON ONE DELIVER.
The provisions and clauses in the RFQ are those in effect through FAC 2005-26.
The NAICS Code and the small business size standard for this procurement are 324110, 1500 respectively. The offeror shall state in their offer their size status for this procurement.
All responsible sources may submit an offer which shall be considered by the agency.
Delivery to NASA GLENN RESEARCH CENTER, 21000 BROOKPARK ROAD, CLEVELAND OHIO 44135-3191 (HANGAR) is required within 5 days ARO. Delivery shall be FOB Destination.
Offers for the items(s) described above are due by SEPT 19, 2008 to DE VIANCOURT, CHEMICAL PURCHASING and must include, solicitation number, FOB destination to this Center, proposed delivery schedule, discount/payment terms, warranty duration (if applicable), taxpayer identification number (TIN), identification of any special commercial terms, and be signed by an authorized company representative. Offerors are encouraged to use the Standard Form 1449, Solicitation/Contract/Order for Commercial Items form found at URL:
http://server-mpo.arc.nasa.gov/Services/NEFS/NEFSHome.tml
Offerors shall provide the information required by FAR 52.212-1 (JUNE 2008), Instructions to Offerors-Commercial Items, which is incorporated by reference. Addenda to FAR 52.212-1 are as follows:
If the end product(s) offered is other than domestic end product(s) as defined in the clause entitled "Buy American Act -- Supplies," the offeror shall so state and shall list the country of origin.
FAR 52.212-4 (FEB 2007), Contract Terms and Conditions-Commercial Items is applicable. Addenda to FAR 52.212-4 are as follows: TERMS AND CONDITIONS OF ORDER SECTION A.1 GENERAL-COMMERCIAL ITEMS
The FAR may be obtained via the Internet at URL: http://www.acquisition.gov/far/index.html
The NFS may be obtained via the Internet at URL: http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm
FAR 52.212-5 (JUNE 2007), Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items is applicable and the following identified clauses are incorporated by reference; attached
[x] Open Market Item: This order is for a commercial item subject to the terms and conditions of FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, incorporated by reference; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders, attached to this order; and any additional terms and conditions included below as addenda to 52.212-4.
This order incorporates the following FAR and NASA FAR Supplement (NFS) clauses by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government, include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of a clause may be accessed electronically at this/these address(es):
FAR: http://www.acqnet.gov/far/
NFS: http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm
ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS
52.219-28 Post-Award Small Business Program Rerepresentation. (JUN 2007) (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.
(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 the contract 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 exercise date specified in the contract for 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/ services/contractingopportunities/ sizestandardstopics/.
(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.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, 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 ORCA, or does not have a representation in ORCA 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 and title).
(End of clause) SUPPLEMENTAL INFORMATION - SIMPLIFIED ACQUISITIONS (4/1/2008)
A. The following information is provided relative to this order:
1. The Government technical contact for this order is: The technical contact may be reached at:
2. This order is a rated order under DPAS (15 CFR 700). The Rating is DO-A7 if the requirement is for electronic and/or communications equipment. The Rating is DO-C9 for all other requirements.
3. If the Contractor proposes to change the items and/or process description(s) for the required items or service, the Contractor must submit a written request to the Contracting Officer and receive written approval before proceeding with the change.
4. The Government requires all vendors receiving awards to be registered in ORCA. The web site for this registration is: https://orca.bpn.gov/
5. Submit invoices to: NASA Shared Services Center (NSSC) Financial Management Division (FMD) – Accounts Payable Bldg. 1111, C. Road Stennis Space Center, MS 39529 Email: NSSC-AccountsPayable@nasa.gov Fax: 866-209-5415
6. Tax Identification Number (TIN) must be provided with the invoice for payment
7. FOR BILLING INFORMATION, CONTACT THE NSSC at 1-877-677-2123
52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) - Alternate I (JUL 1995)
ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS
1852.215-84 Ombudsman. (OCT 2003)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and contractors during the preaward and postaward phases of this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman is not to diminish the authority of the contracting officer, the Source Evaluation Board, or the selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Therefore, before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution.
(b) If resolution cannot be made by the contracting officer, interested parties may contact the installation ombudsman, Dr. Sunil Dutta SDB/HBCU Program Manager and Small Business Technical Advisor Phone: 216-433-8844 FAX: 216-433-2946 Email: Sunil.Dutta-1@nasa.gov. Concerns, issues, disagreements, and recommendations which cannot be resolved at the installation may be referred to the NASA ombudsman, the Director of the Contract Management Division, at 202-358-0445, facsimile 202-358-3083, e-mail james.a.balinskas@nasa.gov. Please do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer or as specified elsewhere in this document.
(End of clause)
1852.223-72 Safety and Health (Short Form). (APR 2002)
(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness; damage to or loss of equipment or property, or damage to the environment. NASA's safety priority is to protect: (1) the public, (2) astronauts and pilots, (3) the NASA workforce (including contractor employees working on NASA contracts), and (4) high-value equipment and property.
(b) The Contractor shall take all reasonable safety and occupational health measures consistent with standard industry practice in performing this contract. The Contractor shall comply with all Federal, State, and local laws applicable to safety and occupational health and with the safety and occupational health standards, specifications, reporting requirements, and any other relevant requirements of this contract.
(c) The Contractor shall take, or cause to be taken, any other safety, and occupational health measures the Contracting Officer may reasonably direct. To the extent that the Contractor may be entitled to an equitable adjustment for those measures under the terms and conditions of this contract, the equitable adjustment shall be determined pursuant to the procedures of the Changes clause of this contract; provided, that no adjustment shall be made under this Safety and Health clause for any change for which an equitable adjustment is expressly provided under any other clause of the contract.
(d) The Contracting Officer may notify the Contractor in writing of any noncompliance with this clause and specify corrective actions to be taken. In situations where the Contracting Officer becomes aware of noncompliance that may pose a serious or imminent danger to safety and health of the public, astronauts and pilots, the NASA workforce (including Contractor employees working on NASA contracts), or high value mission critical equipment or property, the Contracting Officer shall notify the Contractor orally, with written confirmation. The Contractor shall promptly take and report any necessary corrective action. The Government may pursue appropriate remedies in the event the Contractor fails to promptly take the necessary corrective action.
(e) The Contractor (or subcontractor or supplier) shall insert the substance of this clause, including this paragraph (e) and any applicable Schedule provisions, with appropriate changes of designations of the parties, in subcontracts of every tier that exceed the micro-purchase threshold.
(End of clause)
1852.225-70 Export Licenses. (FEB 2000)
(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.
(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at NASA Glenn Research Center 21000 Brookpark Rd. Cleveland, Ohio 44135, where the foreign person will have access to export-controlled technical data or software.
(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.
(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.
(End of clause)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items. (FEB 2008)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: Contracting Officer check as appropriate.
1-15 not applicable
X (15) 52.219-28, Post Award Small Business Program Rerepresentation (JUNE 2007) (15 U.S.C. 632(a)(2)).
[X](16) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[X](17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).
[ ](18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
[X](19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
[X](20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).
[X](21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).
[X](22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).
[ ](23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).
X(24)(i) 52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to all contracts).
[ ] (ii) Alternate I (AUG 2007) of 52.222-50.
25-27 not applicable
X(28) 52.225-1, Buy American Act - Supplies (JUN 2003) (41 U.S.C. 10a-10d).
29-36 not applicable
X(37) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).
38-40 not applicable
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
[ ](1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).
[ ](2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[ ](3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[ ](4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[ ](5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).
[ ](6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).
[ ](7) 52.237-11, Accepting and Dispensing of $1 Coin (AUG 2007)(31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).
(iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).
(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).
(vi) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).
(vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.
(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).
(x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
All contractual and technical questions must be in writing (e-mail or fax) to Dorothy Viancourt not later than 09-16-08. ** Telephone questions will not be accepted.**
Technical acceptability will be determined by review of information submitted by the offeror which must provide a description in sufficient detail to show that the product offered meets the Government's requirement.
Selection and award will be made to that offeror whose offer will be most advantageous to the Government, with consideration given to the factors of proposed technical merit, price, and past performance. Other critical requirements: such as Delivery, Maintenance, etc] shall also be considered It is critical that offerors provide adequate detail to allow evaluation of their offer. (SEE FAR 52.212-1(b)).
Offerors must include completed copies of the provision at 52.212-3 (JUNE 2008), Offeror Representations and Certifications - Commercial Items with their offer. These may be obtained via the internet at URL: http://prod.nais.nasa.gov/eps/Templates/Commercial_Greater_Than_25K.doc . These representations and certifications will be incorporated by reference in any resultant contract.
An ombudsman has been appointed -- See NASA Specific Note "B".
SEE ABOVE TEXT AND CLAUSES FOR COMPLETE CLAUSE.
Prospective offerors shall notify this office of their intent to submit an offer. It is the offeror's responsibility to monitor the following Internet site for the release of solicitation amendments (if any): http://prod.nais.nasa.gov/cgi-bin/eps/bizops.cgi?gr=D&pin=22 . Potential offerors will be responsible for downloading their own copy of this combination synopsis/solicitation and amendments (if any).
Any referenced notes may be viewed at the following URLs linked below.
