Inactive Total Small Business Set-Aside (FAR 19.5)

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, as supplemented with the additional information included in this notice. ... This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted to FEDBIZOPPS (https://www.fbo.gov/ ). The RFQ number is 6991PE19Q000011. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The FAR clauses may be accessed in full text at these addresses http://www.acquisition.gov/far/. The full text of the Transportation Acquisition Regulations (TAR) (1252.) can be found at: http://www.dot.gov/ost/m60/tamtar/part1252.htm and the full text of the U.S. Maritime Administration Provisions and Clauses (MCL) can be found at: https://voa.marad.dot.gov/Solicitation_Awards/docs/mar-380/MARAD%20Clauses%20MCL%20for%20HTML.htm The NAICS code is 424720 and the Small Business Standard is 500 employees. THIS REQUIREMENT IS BEING ADVERTISED AS A SMALL BUSINESS SET-ASIDE. The U.S. Maritime Administration (MARAD), Pacific Operations intends to award a firm fixed price purchase order with Economic Price Adjustment for Suisun Bay Reserve Fleet, CA for the following services: The delivery of Marine Diesel #2 Fuel Oil for delivery by truck to vessel pier side at the Suisun Bay Reserve Fleet, 2595 Lake Herman Road, Benicia CA 94510. The requested period of performance is a one year base period effective March 25, 2019 through March 24, 2020 and four one year option periods to conclude on March 24, 2024. Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control. The following FAR provisions apply to this solicitation: 52.212-1 Instructions to Offerors-Commercial Items (Jul 2017) 52.212-2 Evaluation-Commercial Items (October 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1. Suitability of product to meet the Government need; 2. Past Performance; 3. Price The Government will award on the basis of lowest price, technically acceptable quote. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-3 Offeror Representations and Certifications-Commercial Items (Jan 2017) (Quoters are required to include a completed copy of this provision with their quote or a statement stating that it is available via the SAM's website, https://www.sam.gov/portal/public/SAM/#1 ) 52.212-4 Contract Terms and Conditions - Commercial Items. (JAN 2017) 52.217-5 Evaluation of Options (July 1990) 52.219-1 Small Business Program Representations (Apr 2012) (Quoters are required to include a completed copy of this provision with their quote or a statement stating that it is available via the SAM's website, https://www.sam.gov/portal/public/SAM/#1 ) 52.223-1 Biobased Product Certification (May 2012) 52.233-2 Service of Protest. (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from: Ms. Melissa Reams Contracting Officer, US Department of Transportation, Maritime Administration 1301 Clay Street, Suite 140N Oakland, CA 94612 The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. The following FAR clauses apply to this solicitation: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.212-4 Contract Terms and Conditions-Commercial Items (Sept 2013) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2019) (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) 52.203-19, 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)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (4) 52.233-3, Protest After Award (Aug 1996) (31U.S.C.3553). (5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (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.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.4704 and 10 U.S.C.2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). (10) [Reserved]. (11) __(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a). __(ii) Alternate I (Nov 2011) of 52.219-3. (12) __(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __(ii) Alternate I (Jan 2011) of 52.219-4. (13) [Reserved] (14) X (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644). __(ii) Alternate I (Nov 2011). __(iii) Alternate II (Nov 2011). (15) __(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __(ii) Alternate I (Oct 1995) of 52.219-7. __(iii) Alternate II (Mar 2004) of 52.219-7. __(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). (17) __(i) 52.219-9, Small Business Subcontracting Plan (Aug2018) (15 U.S.C. 637(d)(4)) __(ii) Alternate I (Jan 2017) of 52.219-9. __(iii) Alternate II (Nov 2016) of 52.219-9. __(iv) Alternate III (Nov 2016) of 52.219-9. (v) Alternate IV (Aug 2018) of 52.219-9 __(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)). __(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec2015) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O.11755). X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (28) X (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). __(ii) Alternate I (Feb 1999) of 52.222-26. (29) X (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). __(i) Alternate I (July 2014) of 52.222-35. (30) X (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793). __(ii) Alternate I (July 2014) of 52.222-36. X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). __(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (33) X (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (35) __(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693). (38) __(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __(ii) Alternate I (Oct 2015) of 52.223-13. (39) __(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __(ii) Alternate I (Jun2014) of 52.223-14. __(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ? (41) __(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __(ii) Alternate I (Jun 2014) of 52.223-16. X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). __(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __(44) 52.223-21, Foams (Jun2016) (E.O. 13693). (45) __(i) 52.224-3 Privacy Training (Jan2017) (5 U.S.C. 552 a). __(ii) Alternate I (Jan 2017) of 52.224-3. X (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C.chapter 83). (47) __(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __(ii) Alternate I (May 2014) of 52.225-3. __(iii) Alternate II (May 2014) of 52.225-3. __(iv) Alternate III (May 2014) of 52.225-3. __(48) 52.225-5, Trade Agreements (Aug 2016) (19 U.S.C.2501, et seq., 19 U.S.C. 3301 note). X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150). __(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150). __(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)). __(54) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C.4505, 10 U.S.C.2307(f)). X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332). __(56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332). __(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332). __(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). (60) __(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. __(iii) Alternate II (Feb 2006) 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) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). X (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C.206 and 41 U.S.C.chapter 67). __(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.chapter 67). __(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C.chapter 67). X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). X (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). __(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). (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 this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 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)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (v) 52.222-17, Nondisplacement of Qualified Workers (May2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793). (x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212) (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (Aug 2014) (41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C.chapter 67). (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C.chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.247-64, Preferencefor 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. ? 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-25 Affirmative Action Compliance (Feb 1999) 52.223-6 Drug-Free Workplace (May 2001) 52.232-8 Discounts for Prompt Payment (Feb 2002) 52.232-18 Availability of Funds (Apr 1984) 52.232-23 Assignment of Claims (Jan 1986) 52.233-1 Disputes (July 2002) with Alternate 1 (Dec 1991) The following TAR clauses apply to this requirement: 1252.223-73 Seat Belt Use Policies and Programs 1252.242-73 Contracting Officer's Technical Representative The following Maritime Administration (MCL) apply to this requirement: MCL.H-2 Supplemental Work Requests (Subparagraph (d)(10) is $5,000.00) MCL.H-3 Indemnity and Insurance MCL.H.4 Indemnity and Insurance (Additional) (All limits up to $5,000,000.00 are revised to $1,000,000.00 for this solicitation) MCL.H-6 Standards of Employee Conduct MCL.H-7 Environmental Concerns/Asbestos Related/Hazardous Materials/Petroleum and Petroleum Products: Environmental Compliance MCL.H-10 Supplemental Growth Requirements MCL.H-11 Disposition of Removed Equipment and Scrap MCL.H-12 Maritime Liens, No Authority to Incur MCL.G-4 Applicable Service Contract Wage Determination The Service Contact Act wage determination applicable to this requirement is: State: CA Area: Solano Co. Wage Determination No.: 2015-5655 Revision No. 7 Date of Revision: 12/26/2018 Online Link: MCL.L-2 Agency Protests DAMAGE TO GOVERNMENT FACILITIES: Damage to any facility, interior/exterior equipment, or systems caused by the contractor, as a result of work performed under this contract, shall be repaired by the contractor at his/her own expense. The contractor shall be required to repair or replace all items and components, to return the damaged area to its condition before the damage incident. GREEN PROCUREMENT STATEMENT The Maritime Administration has instituted a Green Procurement Program for Acquisition and Procurement. This initiative includes acquisition of low sulfur marine fuel, alternative fuels, alternative-fueled vehicles, bio-based products, Energy Star and energy efficient products, environmentally preferable products, non-ozone depleting substances for air conditioning, recovered material, renewable energy, and water efficient products. ECONOMIC PRICE ADJUSTMENT WARRANTIES: The Contractor warrants that - The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and the prices to be invoiced hereunder shall be computed daily in accordance with the provisions of this clause. DEFINITIONS: As used throughout this clause, the term- BASE REFERENCE PRICE (BRP): The BRP shall be established in writing by issuance of a contract modification within five calendar days following award of the contract. The BRP shall be the OPIS Rack Price for the date of the contract award. The contractor shall furnish to the Contracting Officer a copy of the Published OPIS rack price in effect on the contract award date for both B-20 Biodiesel and Marine Diesel #2. The same procedure will be followed each time MARAD exercises an optional period of performance. The BRP applicable to the period of performance (base or option periods) will be used in establishing the UPWARD CEILING ECONOMIC PRICE ADJUSTMENT as described below. Reference price: This means the end of day OPIS contract average effective that day for the product delivered to MARAD. In the event there is no price published for date of delivery, then it shall be the item's reference as last previously published. Date of delivery: This means the date product is delivered to MARAD. Published: This means the price issued in either print or electronic format by OPIS, unless otherwise specifically stated. In the event of a conflict between the prices set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail, unless otherwise specified. OIL PRICE INFORMATION SERVICE (OPIS): The reference price in effect on the date of delivery shall be the end of day OPIS contract average effective that day. In the event there is no price published for date of delivery, then it shall be the item's reference as last previously published. CALCULATIONS: The prices payable hereunder shall be determined by adding to the award price the same number of cents, or fraction thereof, that the daily reference price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places, truncated. Marine Diesel #2 Fuel: Pricing for invoicing purposes shall be based on a unit price in dollars/gallon delivered which is the sum of the following two components: 1. The daily OPIS Marine Diesel #2 Rack Price (dollars per gallon) for the date of delivery and the product delivered. Invoices shall include a copy of the Published OPIS price in effect on the date of delivery. 2. The contract awarded unit price (dollars per gallon) for cost of delivery during the period of performance which shall include all labor, equipment, transportation expenses, overhead, general and administrative expenses and profit. The two component unit prices shall be summed and multiplied by the actual quantity delivered to arrive at the invoice amount. The invoice amount shall be rounded to the nearest cent. REVISION OF PUBLISHED REFERENCE PRICE: In the event- (I) Any applicable reference price is discontinued or its method of derivation is altered substantially; or (II) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions, the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the reference price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with FAR Clause 52.233-1 - Disputes. FAR CLAUSE 52.212-4 TERMS AND CONDITIONS - COMMERCIAL ITEMS - FAILURE TO DELIVER. Notwithstanding any other provisions of this clause, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor's failure to deliver according to the delivery schedule results from causes beyond the Contractor's control and without its fault or negligence within the meaning of clause paragraph (f), Excusable delays and (m), Termination for cause or is the result of an agreement made in accordance with paragraph (c), Changes section of this clause in which case the purchase order shall be amended to make an equitable extension of the delivery schedule. UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 120 percent of the base reference price. (I) If any time the Contractor has reason to believe that within the near future a price adjustment under the provisions of this clause will be required that will exceed the current contracting ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with an appropriate explanation and documentation as required by the Contracting Officer. (II) If an actual increase in the reference price would raise a contract unit price above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing. EXAMINATION OF RECORDS: The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify the Contractor adherence to this provision. FINAL INVOICE: The Contractor shall include a statement of final invoice that the amounts invoiced hereunder have applied all decreases required by this clause. PUBLICATION: The following index is to be used: OPIS - Oil Price Information Service PAD Reports (average daily price for Benicia, CA #2 Diesel) INSTRUCTIONS TO QUOTERS Responsible sources shall provide the following: 1. Technical - Marine Diesel #2 fuel oil certifications required to perform SOW including permit to transfer fuel over water. 2. Past Performance - Past Performance information for similar services done in the past three (3) years. The past performance information shall include the agency or company name and address, a point of contact to include telephone number and e-mail address, date of service, type of service provided, period of performance and amount of contract. 3. Price - Price quote to be completed in accordance with Attachment 1 for the base year and option years. NOTE: for the option years, please specify the basis of escalation (i.e. CPI/PPI) 4. Identify payment terms (i.e. Net 30) 5. Remittance address, Tax Identification Number, and CAGE Code 6. Validity of quote. (State that quote is valid for 60 days from solicitation response date). Responses to this solicitation are due 15 March 2019 at 2:30 p.m. Eastern Standard Time. LATE QUOTES MAY NOT BE CONSIDERED FOR EVALUATION. All Quotes are to be emailed to melissa.reams@dot.gov. No faxed quotes will be accepted. Please reference the solicitation nu...