Inactive Total Small Business Set-Aside (FAR 19.5)

AMENDMENT 0001: THE DELIVERY SCHEDULE HAS BEEN UPDATED AS FOLLOWS: 10 May - 728 US gal 17 May - 728 US gal 24 May - 728 US gal 31 May - 728 US gal As a result, the Period Of Performance has changed fr... AMENDMENT 0001: THE DELIVERY SCHEDULE HAS BEEN UPDATED AS FOLLOWS: 10 May - 728 US gal 17 May - 728 US gal 24 May - 728 US gal 31 May - 728 US gal As a result, the Period Of Performance has changed from 05/01/2024 - 05/31/2024 to 05/10/2024 - 05/31/2024. The closing date and time has been moved to Tuesday, May 7th, 2024 at 10 AM Ft. Belvoir Time. An updated Delivery Narrative is also attached. Thank you. *** This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 of the Federal Acquisition Regulations (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This solicitation, SPE605-24-Q-0981, is issued as a Request for Quotation (RFQ) for commercial items using the Simplified Acquisition Procedures (SAP) in accordance with FAR Parts 12 and 13. The contract resulting from this procurement will be a firm fixed price contract. This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03 dated 23 FEBRUARY 2024. DPAS rating for potential award is DO. The clauses and provisions referenced in this solicitation may be reviewed/obtained in full text form at: https://www.acquisition.gov/browse/index/far https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ Scope of Contract: DLA Energy has received a one-time buy (OTB) request for delivery of 2,912 gallons of DS2; NSN 9140-015240139. Request fuel delivery to the fuel tank(s), NORTH WEST FIELD NA 99999, by TANK TRUCK WITH PUMP. Required delivery date is between May 1 and 31, 2024. Please provide your quotes to this office by 10AM Ft. Belvoir Time, Tuesday, April 30th, 2024. Let me know if you have any questions. THIS IS COMPETED FOR 100% SMALL BUSINESSES. Request for Quote: Location: NORTH WEST FIELD NA 99999 Line Item: 0001 Product: DS2 Product Code: 9140-015240139 Quantity: 2,912 USG Mode: TANK TRUCK WITH PUMP Delivery : MON-SUN 0700-1900 Delivery Notes: GPS: 13"36 '43.3"N 144" 51' 03.3"E LISTED ARE ALL THE GENERATORS AND LOCXATONS FOR THE EVENT, WE ARE ONLY REQUESTING 2,912 GALLONS OF FUEL FOR THE INITIAL DELIVERY ANDWILL INCREASES THE ORDER AS THE TOEHR GEN SETS COME ON THE ISLAND. PRODUCT 2 IS A CONTINUATION OF PRODUCT 1. DURING TIMES OF EMERGENCIES OR DISASTERS FOLLOW THE GUIDANCE OF ANDERSON AIR FORCE BASE ON FUEL DELIVERY. DELIVERY WILL REQUIRE A MINIMUM HOSE LENGTH OF 15FT 7 GENERATORS WITH THE 780 CAPACITY WILL USE THE SCULLY FILL CONNECTOR SEE ATTACHED THE REMAINDER HAS A STANDARD 2" FILL PORT STANDARD HAND HELD PUMP = Please include sulfur content and cetane levels on receipt. Please contact the POC for any additional delivery requirements. See the attached Delivery Narrative for additional information. Please include all applicable taxes and fees in your quote. The government will not assume any responsibility above the 10% variance authorized by the contract. Contract resulting from this procurement will be a firm fixed price contract. This request is considered URGENT & COMPELLING. DLA Energy may require a vendor to sign the SF1449 prior to being offered this delivery. This would be sent by email and have a response window of as little as two (2) hours. Upon request, the vendor must return the signed SF1449 by the deadline specified. If this is not returned by the specified deadline, DLA Energy reserves the right to offer this delivery to a different vendor. Please provide your quotation to the attention of both Brian Hobbs at Brian.Hobbs@dla.mil and Candy Cross at Candy.Cross@dla.mil no later than 10:00 AM (Ft. Belvoir Time) on Tuesday, April 30th, 2024. Please include your CAGE code, point of contact and name with your submittal. FAR 52.204–27 Prohibition on a Bytedance Covered Application (June 2023) (a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited. Information technology, as defined in 40 U.S.C. 11101(6)— (1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use— (i) Of that equipment; or (ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product; (2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but (3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract. (b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117–328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M–23–13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M–23–13. (c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services. (End of clause) DLAD 4.703 Policy. (a) Contracting officers shall include procurement note C03 in solicitations and awards. ***** C03 Contractor Retention of Supply Chain Traceability Documentation (JUN 2020) (1) By submitting a quotation or offer, the contractor, if it is not the manufacturer of the item, is confirming it currently has, or will obtain before delivery, and shall retain documented evidence (supply chain traceability documentation), as described in paragraph (2) of this procurement note, demonstrating the item is from the approved manufacturer and conforms to the technical requirements. (2) At a minimum, the supply chain traceability documentation for the item shall include: basic item description, part number and/or national stock number, manufacturing source, manufacturing source’s Commercial and Government Entity (CAGE) code, and clear identification of the name and location of all supply chain intermediaries between the manufacturer to the contractor to item(s) acceptance by the Government. The documentation should also include, if available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial numbers. (3) Contractors can find examples of acceptable supply chain traceability documentation at the Counterfeit Detection and Avoidance Program (CDAP) Website ( http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-Detection-Avoidance-Program/ ). (4) The contractor shall immediately make documentation available to the contracting officer upon request. The contracting officer determines the acceptability and sufficiency of documentation. The contractor shall retain supply chain traceability documentation for six years after final payment under this contract for audit and other valid government purposes. If the contractor fails to retain or provide the documentation, or the contracting officer finds the documentation to be unacceptable, the contracting officer may take corrective action, including, but not limited to, cancellation of undelivered orders or rejection of delivered supplies. DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) (a) The Contractor shall inform its employees in writing, in the predominant native language of the workforce, of contractor employee whistleblower rights and protections under 10 U.S.C. 4701, as described in subpart 203.9 of the Defense Federal Acquisition Regulation Supplement. (b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts. DFARS 252.204-7024 Notice on the Use of the Supplier Performance Risk System. NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023) (a) Definitions. As used in this provision— “Item risk” means the probability that a product, based on intended use, will introduce performance risk resulting in safety issues, mission degradation, or monetary loss. “Price risk” means a measure of whether a proposed price for a product or service is consistent with historical prices paid for that item or service. “Supplier risk” means the probability that an award may subject the procurement to the risk of unsuccessful performance or to supply chain risk (see Defense Federal Acquisition Regulation Supplement 239.7301). (b) The Supplier Performance Risk System (SPRS), available at https://piee.eb.mil/, will be used in the evaluation of the Quoter or Offeror’s performance. SPRS retrieves item, price, quality, delivery, and contractor information on contracts from Government reporting systems in order to develop risk assessments. (c) The Contracting Officer will consider SPRS risk assessments during the evaluation of quotations or offers received in response to this solicitation as follows: (1) Item risk will be considered to determine whether the procurement represents a high performance risk to the Government. (2) Price risk will be considered in determining if a proposed price is consistent with historical prices paid for a product or a service or otherwise creates a risk to the Government. (3) Supplier risk, including but not limited to quality and delivery, will be considered to assess the risk of unsuccessful performance and supply chain risk. (d) SPRS risk assessments are generated daily. Quoters or Offerors are able to access their risk assessments by following the access instructions in the SPRS user's guide available at https://www.sprs.csd.disa.mil/reference.htm. Quoters and Offerors are granted access to SPRS for their own risk assessment classifications only. SPRS reporting procedures and risk assessment methodology are detailed in the SPRS user's guide. The method to challenge a rating generated by SPRS is also provided in the user's guide. SPRS evaluation criteria are available at https://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf. (e) The Contracting Officer may consider any other available and relevant information when evaluating a quotation or an offer. (End of provision) ---------------------------------------------------------------------------------------------------------------------- This contract includes FAR 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment (Nov 2021) and supplement FAR Provision 52.204-24, Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment (Nov 2021), and DFARS Provision 252.204-7016, Covered Defense Telecommunications Equipment Or Services—Representation (Dec 2019), as follows: - The contractor represents and agrees to the following conditions by performance against this contract, including performance of a task or delivery order that it: (1) will not provide covered telecommunications equipment or services to the government in the performance of any contract, subcontract or other contractual instrument in accordance with FAR 52.204-24(d)(1)); (2) does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services in accordance with FAR 52.204-24(d)(2); and (3) does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the government in the performance of any contract, subcontract, or other contractual instrument in accordance with DFARS 252.204-7016(c). [these representations replace the manual block checks in FAR 52.204-24(d)(1) ([ ] will not) and (d)(2) ([ ] does not) and DFARS 252.204-7016(c) ([ ] does not).] If the contractor determines that any of these representations are no longer accurate or is not accurate with respect to a particular task or delivery order, it shall immediately notify the contracting officer in writing. DFARS 252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites—Representation. Include the following provision in all solicitations, including solicitations for the acquisition of commercial items under FAR part 12, that will use funds made available by the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other Act that extends to fiscal year 2021 funds the same prohibitions as contained in section 8116, division C, title VIII, of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260). Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to CERTAIN Websites—Representation (DEVIATION 2021-O0003) (APRIL 2021) (a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other Act that extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to pornography websites. This prohibition does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities. (b) Representation. By submission of its offer, the Offeror represents that it is not providing as part of its offer a proposal to maintain or establish a computer network unless such network is designed to block access to pornography websites. (End of provision) Vendors ARE RESPONSIBLE FOR ENSURING ALL APPLICABLE TAXES AND FEES ARE INCLUDED IN THEIR Quoted PRICEs. DLA Energy may require a vendor to sign the SF1449 prior to being awarded this delivery. This will be sent by email and may have a response window of as little as two (2) hours. Upon request, the vendor must return the signed SF1449 by the deadline specified. If this is not returned by the specified deadline, DLA Energy reserves the right to offer this delivery to a different vendor. Electronic Funds Transfer as a means of payment will be made upon receipt and acceptance of all products through Wide Area Work Flow (WAWF). FAR 52.212-1, Instructions to Offerors Commercial Items applies to this acquisition. FAR 52.212-2 Evaluation of Commercial Items applies to this acquisition. The evaluation criteria stated in paragraph (a) of FAR 52.212-2 are as follows: The contract will be awarded to the lowest price quotation from a responsible vendor. Vendors shall include a completed copy of FAR 52.212-3 Offeror Representations and Certifications Commercial Items with its quotation. A printout from sam.gov is acceptable. FAR 52.212-4, Contract Terms and Conditions Commercial Items applies to this acquisition. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items applies to this acquisition. In paragraph (b) of FAR 52.212-5, the following apply: FAR 52.209-6, 52.219-6, 52.219-28, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-50, 52.223-18, 52.225-13, and 52.232-34. The following additional clauses apply to this acquisition: FAR 52.204-7, 52.204-13, 52.204-18, 52.204?21, 52.211-16 with a 10% variance above or below, 52.211?17, and 52.247-34. Defense Federal Acquisition Regulation Supplement (DFARS) 252.203-7000, 252.204-7015, 252.225-7012, 252.225?7021, 252.229-7000, 252.229-7001, 252.232-7003, 252.232-7006, 252.233-7001, and 252.247-7023. ENERGY Quality Assurance Provision C16.69-11 DIESEL FUEL SPECIFICATION (DS2) also applies. (See attached)