Loren Data's SAM Daily™

SAMDAILY.US - ISSUE OF OCTOBER 01, 2021 SAM #7244
SOLICITATION NOTICE

91 -- FY22 Fuel Delivery Contract Lebanon

Notice Date

9/29/2021 8:48:09 AM
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

324110 — Petroleum Refineries
 

Contracting Office

244-NETWORK CONTRACT OFFICE 4 (36C244) PITTSBURGH PA 15215 USA
 

ZIP Code

15215
 

Solicitation Number

36C24421Q1243
 

Response Due

10/14/2021 10:00:00 AM
 

Archive Date

12/13/2021
 

Point of Contact

Debra Willard, Contracting Officer, Phone: 302-438-9087
 

E-Mail Address

debra.willard@va.gov
(debra.willard@va.gov)
 

Small Business Set-Aside

SDVOSBC Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)
 

Awardee

null
 

Description

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Page 11 of 11 PLEASE SEE ADDED CLAUSES TO THE SOLICITATION: 52.217-7 Option for Increased Quantity Separately Priced Line Item (MAR 1989) 852.216-71 Economic Price Adjustment if Contract Prices(S) Based on a Price Index *= Required Field Combined Synopsis/Solicitation Notice Page 1 of 11 (viii) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and the following clauses AND instructions are added as addenda: 52.252-1 Solicitation Provision Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/ https://www.va.gov/oal/library/vaar/index.asp 52.204-13 System for Award Management (OCT 2018) 52.204-18 Commercial and Government Entity Code Reporting (JUL 2016) (End of provision) Grey Market Items- Gray market items are Original Equipment Manufacturers (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufacturers or gray market items will be acceptable. Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM s warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions. The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items. 852.216-71 ECONOMIC PRICE ADJUSTMENT IF CONTRACT PRICE(S) BASED ON A PRICE INDEX As prescribed in 816.203 4(e)(1), insert the following clause: 816.203 4(e)(1) contract clauses: Economic Price Adjustment Published Market Price (a) Warranties. The Contractor warrants that (1) The base unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this contract text; and (2) The prices to be invoiced shall be computed in accordance with the wording of this contract text. (b) Definitions. As used throughout this contract text, the term (1) Base unit price means the unit price set forth opposite the item in the Schedule. (2) Market price means the price to be used in determining an economic price adjustment of the base unit price of an individual product for the market area and time period specified in this contract text. The market price is derived from quotes, assessments, or sales prices in the marketplace for one or several items or commodity groups as reported in a consistent manner in a publication, electronic data base, or other form, as determined by an independent trade association, governmental body, or other third party independent of the Contractor. (i) Base market price means the price as shown in Column V of the table below, which is the market price from which economic price adjustments are calculated pursuant to this contract text. (ii) Adjusting market price means the market price for deliveries during the most recent period, as defined in the table below. (3) Date of delivery is defined as follows: (i) For tanker or barge deliveries (A) Free on board (f.o.b.) origin. The date and time vessel commences loading. (B) F.o.b. destination. The date and time vessel commences discharging. (ii) For pipeline deliveries. The date and time product commences to move past the specified f.o.b. point. (iii) For all other types of deliveries. The date product is received. (c) Adjustments. (1) Subject to the wording of this contract text, the price payable shall be the base unit price in effect on the date of delivery increased or decreased by the same number of cents, or fraction thereof, that the adjusting market price applicable at date of delivery increases or decreases, per like unit of measure, from the base market price. (2) Calculations. All calculations shall be rounded to six decimal places. (3) Modifications. Any resultant price changes to the base market price and base unit price shall be executed by the Contracting Officer through a weekly price adjustment modification effective each Tuesday. (4) Failure to deliver. Notwithstanding any other wording of this contract text, 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 paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions - Commercial Items clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule (5) Upward ceiling on economic price adjustment. The Contractor agrees that the total increase in any contract unit price, pursuant to these economic price adjustment contract texts shall not exceed 473% percent of the original base unit price in any applicable program year (whether a single year or multiyear program), except as provided hereafter. (i) If at any time the Contractor has reason to believe that within the near future a price adjustment under the wording of this contract text will be required that will exceed the current contract 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 which the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer. (ii) If an actual increase in the established market price would raise a contract unit price for an item 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. (6) Revision of market price indicator. In the event (i) Any applicable market price indicator is discontinued, or its method of derivation is altered substantially; or (ii) The Contracting Officer determines that the market price indicator consistently and substantially fails to reflect market conditions,-the parties shall mutually agree upon an appropriate and comparable substitute and the contract shall be modified to reflect such substitute effective on the date the indicator 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 paragraph (d), Disputes, of the Contract Terms and Conditions - Commercial Items contract text of this contract. (d) Examination of records. The Contractor agrees that the Contracting Officer or designated representative shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the wording of this contract text. (e) Final invoice. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract text. (f) Table: (I) CLIN Number & Description (II) Name of Publication (III) Heading under which market indicator is published and name of product (VI) Location where market price is applicable (V) Base market price on June 2, 2021 (excludes taxes) See note(s). Philadelphia NYMEX ULSD Front Month Close NY Harbor Note 1: The reference price shall be determined as follows: 100% NYMEX NY Harbor ULSD Front Month Closing Price Note 2: Prices based on this escalator will change daily based on a 5-day wrap average (2 closing prices prior to the lift date, closing price on the lift date, and 2 closing prices following the lift date.) On dates when a price is not published, the escalator will remain unchanged from the prior day. (End of provision) Award of the result and contract from this Combined Synopsis Solicitation is subject to the availability of funds. Quoters shall ensure that quotes(s) submitted in response to the RFQ/Combined Synopsis Solicitation do not expire prior to October 31, 2021. (ix) Evaluation of this requirement will be based on PRICE and PAST PERFORMANCE. (x) Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer if has not been completed on SAM.gov. (xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and the following clauses are added as addenda: 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://acquisition.gov/far 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.217-7 Option for Increased Quantity Separately Priced Line Item (MAR 1989) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (End of Clause) CLAUSES: 852.203-70 Commercial Advertising (JAN 2008) 852.211-70 Equipment Operation and Maintenance Manuals (NOV 2018) 852.212.-71 Gray Market Items (APR 2020) 852.212-72 Gray market and Counterfeit Items (MAR 2020) (DEVIATION) 852.216-71 Economic Price Adjustment if Contract Prices(S) Based on a Price Index 852.232-72 Electronic Submission of Payment Requests (NOV 2018) 852.246-71 Rejected Goods (OCT 2018) 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders- Commercial Items (MAY 2019) (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to the acquisition: 52.204-10 Reporting Executive Compensation & First-Tier Subcontract Awards (OCT 2015) 52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.219-6DEV Notice of Total Serviced Disabled Veteran Owned Small Business 52.219-28 Post Award Small Business Program Representation (JUL 2013) 52.222-19 Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.232-34 Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (xiii) Additional conditions: All responses must include verification that each specification outlined in Section (v) is met and provide authorized distributor documentation of products offered. All interested parties shall be registered, active and verified with the following sites to be considered for award. SAM: http://www.beta.sam.gov VETBIZ: https://www.vip.vetbiz.gov/Public/Search/Default.aspx (xiv) The Defense Priorities and Allocations System (DPAS) ratings are NOT APPLICABLE. (xv) This is an open-market combined synopsis/solicitation for equipment as defined herein.  The government intends to award a purchase order as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: ""The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."" OR ""The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"" Quoter shall list exception(s) and rationale for the exception(s). (xvi) Quotes must be emailed to debra.willard@va.gov and received no later than 01:00 P.M. EST on Thursday, October 14, 2021. Quote may be submitted on this document. End of Document
 

Web Link

SAM.gov Permalink
(https://beta.sam.gov/opp/fb274b024f4c48f181208caa685c8815/view)
 

Place of Performance

Address: Department of Veterans Affairs Network Contracting Office 4 LVAMC Lebanon VA Medical Center 1700 South Lincoln Ave, Lebanon 17042, USA

Zip Code: 17042

Country: USA
 

Record

SN06148004-F 20211001/210930203830 (samdaily.us)
 

Source

SAM.gov Link to This Notice
(may not be valid after Archive Date)

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