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 Quotations (RFQ)] for Requirements for Liquid Methane and Liquid Oxygen Product
Both: are required for the Propellant Condition System to be installed in the Research Combustion Laboratory (Building 35) Cell 32. They will be used as thruster propellant. Intent is to provide (two for Methane and one for oxygen) NASA owned 450l dewars. That supplier would then be responsible for pickup, refilling and deliver the dewars on an as need basis driven by the test schedule for that facility. Anticipated start date would not be until September/October time frame.
Specifications.
1) Liquid Methane must meet or exceed MIL-PRF-32207 Grade B or better
2) Return delivery expected within 3 days of a request, with 24 hours advance notice on a empty pick up.
3) A single dewar will be filled to 360l per DOT regulations.
4) Two dewars will be filled at a time for a total of 720 liters.
5) A total of 10 fills is anticipated for a total of 720 liters.
4) Filled return must be within 3-4 days of a 24 hours advance notice.
Specifications.
1) Liquid oxygen must meet or exceed MIL-PRF-25508G Grade B or better
2) Return delivery expected within 2 days of a request, with 24 hours advance notice on a empty pick up.
3) 20 fills required of 450 liters each
4) Filled return must be within 2 days of a 24 hours advance notice.
The provisions and clauses in the RFQ are those in effect through FAC 05-24
The NAICS Code and the small business size standard for this procurement are 453998, $6.5 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 Wright Patterson Air Force Base, Dayton Ohio is required as described above for both items.
The DPAS rating for this procurement is D0-C9
Offers for the items(s) described above are due by 6/20/2008 to Dorothy Viancourt at NASA Glenn Research Center, 21000 Brookpark Ohio 44142 MS 500/302 and must include, solicitation number, FOB to WPAFB, 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 (SEPT 2006), 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:
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:
52.212-5 ATTACHMENT
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.
1-14 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).
X(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).
[ ](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)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (AUG 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).
[ ](ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).
[ ](26) FAR 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
[ ] (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).
[ ](ii) Alternate I (DEC 2007) of 52.223-16.
[X](28) 52.225-1, Buy American Act - Supplies (JUN 2003) (41 U.S.C. 10a-10d).
[ ] (29)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (AUG 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).
[ ](ii) Alternate I (JAN 2004) of 52.225-3.
[ ](iii) Alternate II (JAN 2004) of 52.225-3.
[ ](30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[ ](31) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ](32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[ ](33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[ ](34) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
[ ](35) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
[ ](36) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).
X(37) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).
[ ](38) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).
[ ](39) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[ ](40)(i) 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).
[ ](ii) Alternate I (APR 2003) of 52.247-64.
(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)
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
SUPPLEMENTAL INFORMATION - SIMPLIFIED ACQUISITIONS (4/1/2008)
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
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)
1852.225-70 Export Licenses. (FEB 2000)
52.219-28 Post-Award Small Business Program Rerepresentation. (JUN 2007)
All contractual and technical questions must be in writing (e-mail or fax) to Dorothy.E.Viancourt@nasa.gov or fax to: 216-433-2480 D E Viancourt not later than 6/16/08. 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, shall also be considered.
Offerors must include completed copies of the provision at 52.212-3, 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.
[OMBUDSMAN STATEMENT IS REQUIRED]
An ombudsman has been appointed -- See NASA Specific Note "B".
SEE ABOVE
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).
