Inactive Total Small Business Set-Aside (FAR 19.5)

AMENDMENT 2: Adds FAR Clause 52.204-22, Alternative Line-Item Proposal, JAN 2017 & To Extend The Close Date. AMENDMENT 1: Adds a line item for mobile cylinder rental and posts Q&A. (i) This is a combi... AMENDMENT 2: Adds FAR Clause 52.204-22, Alternative Line-Item Proposal, JAN 2017 & To Extend The Close Date. AMENDMENT 1: Adds a line item for mobile cylinder rental and posts Q&A. (i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, in conjunction with FAR 13, and 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. (ii) Solicitation number 12305B24Q0047 is issued as a request for proposal (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-02 effective 1/22/2024. (iv) This action uses a tiered set-aside evaluation. Offers will be received from offerors of all sizes. Evaluations will only be done among offers, if any, submitted by small business concerns. If no offers were submitted by small business concerns, or if none of the offers would result in an award at a fair and reasonable price that offers best value to the government, then offers from the large business will be evaluated. If an award cannot be made within either tier, the solicitation may be cancelled. The associated NAICS code is 325120, which has a small business size standard of 1200 employees. 1st Tier – 100% to Small Businesses Only 2nd Tier – Unrestricted / Large Businesses (v) Contract Line-Item Numbers (CLIN) - see attachment The price schedule represents a good faith estimate of what may be ordered during the contract period. Quantities are estimates and may be more or less than shown based on Government needs. Tank rentals and industrial gases in sizes, forms and containers not shown on this price schedule may be ordered under limited quantities and will be negotiated per individual delivery order. (vi) This contract is for the delivery of various industrial gases and auxiliary support services such as installation and removal of gas tanks. (vii) The Government intends to award a Firm-Fixed Price Requirements type contract using the Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items and FAR Part 13, Simplified Acquisition Procedures, as applicable. This solicitation and resultant contract shall cover all current and future industrial gas needs located in Beltsville, MD. (viii) FAR provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and include the following addenda to the provision: Acknowledgement of any/all amendments Completed Pricing Schedule Statement demonstrating relevant experience. Offerors shall provide sufficient information for the Government to determine its level of confidence in the ability of the Offeror to perform the requirements of the RFP based on an assessment of relevant experience from the contractor. Statement shall be no more than 2 electronic pages, with a block-style font sized no smaller than 12pt. List of past performance references, if available Must include the full name of the primary point of contact, company/agency name, Contract/Agreement number, description of work performed, start and completion date of work performed, total contract value. Reference list shall be no more than 2 electronic pages, with a block-style font sized no smaller than 12pt. The additional FAR provisions cited are applicable to this acquisition: 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-29 Federal Acquisition Supply Chain Security Act Orders- Representations and Disclosures (Dec 2023) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation (Dec 2016) 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020) 452.216-72 Evaluation Quantities-Indefinite-Delivery Contract (Feb 1988) (ix) FAR provision 52.212-2, Evaluation-Commercial Products and Commercial Services applies to this action. The Government will assess its level of confidence that the offering contractor will successfully perform all requirements of the contract based on relevant experience, past performance, and price. Award will be made to the lowest-priced offer, whose demonstrated relevant experience and past performance provide sufficient information for the Government to determine it is confident in the ability of the Offeror to perform the requirements of the contract. The offeror is encouraged to submit their best and final offer. The specific evaluation criteria to be included in paragraph (a) are: - Relevant Experience - Past Performance - Price (x) Offers are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with its offer. (xi) FAR clause 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition and include the following addenda to the clause: CLAUSES INCORPORATED BY REFERENCE 52.203-3 Gratuities (Apr 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.216-18 Ordering (Aug 2020) Such orders may be issued 5 years from date of award. Estimated: March 18, 2024 through ?March? ?17?, ?2029 52.216-21 Requirements (Oct 1995) The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract beyond 5 years from date of award. Estimated: March? ?17?, ?2029. CLAUSES INCORPORATED BY FULL TEXT 52.216-19 Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount at or less than the Micro-Purchase Threshold as defined in FAR 2.101, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of $1,000,000.00 (2) Any order for a combination of items in excess of $4,500,00.00 or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) (xii) FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition. The additional FAR clauses cited are applicable to paragraph b: (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655). (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)). (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a). (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note). (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313). (18) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644). (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)). (21) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)). (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s). (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)). (26) 52.219-28, Post Award Small Business Program Representation (Sep 2023)( 15 U.S.C. 632(a)(2)). (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) . (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (34) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). (35) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212). (36) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793). (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (39) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627). (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). (55) 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). (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332). The additional FAR clauses cited are applicable to paragraph c: NONE (xiii) Additional contract terms and conditions are as follows: PLACING ORDERS Per Delivery Order Aggregate Contract Total Minimum Micro-Purchase Threshold for supplies, as defined in FAR 2.101 Micro-Purchase Threshold for supplies, as defined in FAR 2.101 Maximum $1,000,000.00 $4,500,000.00 Before placing an order under this contract, the Contracting Officer or Ordering Officer shall check to ensure previous order have not hit the ceiling and if awarded, the current order will not hit the ceiling. This check must be documented in the file accordingly. Orders shall be placed by any warranted Contracting Officer or appointed Ordering Officer in USDA Agriculture Research Service (ARS) Northeast Area (NEA). Orders may be received by email, or telephonically if using the Government Purchase Card. All orders received must be confirmed by the contractor by email within 1 business day. Distribution of email order and order confirmations must include the Administrative Contracting Officer (ACO). Locations may be added during each order, so long as the location is within the Beltsville, MD boundaries. Each order shall include the contract line items, location, hours, point of contact, and any additional information needed to complete the request. All requests for Ordering Officer Delegation of Authority must be emailed to the ACO. Only individuals within ARS Northeast Area, who hold a valid Government Purchase card (GPC) in good standing, may be delegated authority as an ordering officer under this contract. INSPECTION & ACCEPTANCE Inspection for quality shall be per formed at origin. Quantity determination and acceptance shall be at destination. The contractor shall obtain customer first and last name in block-type lettering, along with customer signature and date for delivery at each location for acceptance of quantity. A copy of the signed quantity acceptance document must be attached to the IPP invoice submittal for payment. (xiv) The Defense Priorities and Allocations System (DPAS) is not applicable to this action. (xv) The date, time and place offers are due will be posted on the notice at sam.gov. (xvi) Contact Evonne Huggins at Evonne.Huggins@usda.gov for information regarding the solicitation.