Loren Data Corp.

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COMMERCE BUSINESS DAILY ISSUE OF OCTOBER 29,1998 PSA#2211

Defense Energy Support Center, 8725 John J. Kingman Rd., Suite 4950, Ft Belvoir, VA 22060-6222

91 -- DIESEL FUEL, DF2 SOL SP0600-99-R-0019 DUE 111098 POC Mark Santoro, (703) 767-9558 or Pamela Griffith, (703) 767-9533 E-MAIL: Guatemala Solicitation, SP0600-99-R-0019, msantoro@desc.dla.mil or pgriffith@desc.dla.mil. High sulfur diesel fuel #2, DF2, NSN: 9140-00-286-5294, ASTM D 975. Delivery via truck of 49,000 USG of DF2 (about 3,500 USG per load) to San Marcos Guatemala (Item 201-34) during the period 01 Feb 99 -- 15 Jun 99, and a one-time late Feb 99 delivery of 5,000 USG of DF2 to Puerto Quetzal Guatemala (Item 101-34). Delivery will be FOB Destination into 5,000 USG tankers and truck-and-pump-units (TPUs). Delivery trucks must be equipped with pumps. This is a combination synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented by additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Government contemplates award of a Requirements Type, Fixed Price with Economic Price Adjustment contract resulting from this solicitation. Product price will escalate / de-escalate cent for cent with the arithmetic average of the Exxon Bahamas, Shell West and Tex Trader postings for 45 Cet 0.5%S Gasoil found in Platt's Oilgram Price Report's Caribbean Product Postings. Price changes will become effective on the effective date of the posting change as noted in the Caribbean Product Postings table. Offer prices should be based on the reference price in effect 12 Oct 98. That reference price is $0.465000. Offerors' written proposals should be submitted in English, in US dollars per gallon and signed by an authorized company official. Proposals should include the following elements: price, price structure, applicable taxes and any offeror terms and conditions. Proposals must be received by 3 PM, local Ft. Belvoir, VA, US time on 10 November 1998. Please submit your offer via fax. Your fax should be addressed to the BID CUSTODIAN / DESC-PCC / RM 3729 / FAX # (703) 767-8506. Please note the solicitation number (SP0600-99-R-0019) on the fax. The following clause is hereby incorporated into this solicitation in full text: I1.20 CLAUSES INCORPORATEDBY REFERENCE (JUN 1988) 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 these addresses: http://farsite.hill.af.mil/ http://www-far.npr.gov/ (FAR 52.252-2) Under the provisions of Clause I1.20 above, the following clauses are hereby incorporated into this solicitation by reference: I. FAR/DFAR CLAUSES I1.03-1 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (APR 1998) (FAR 52.212-4) I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (OCT 1998) (FAR 52.212-5) I1.05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (OCT 1998) (DFARS 252.212-7001) L2.05-5 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (PC&S) (DESC AUG 1998) (FAR 52.212-1 TAILORED) K1.01-9 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (OCT 1998) (FAR 52.212-3) (DEVIATION) (ALT 1) *OFFERORS ARE REQUESTED TO INCLUDE A COMPLETED COPY OF THIS PROVISION WITH THEIR PROPOSAL. II. DESC CLAUSES B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DESC OCT 1993) F105 VARIATION IN QUANTITY (APR 1984) G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENT -- CORPORATE TRADE EXCHANGE (DFSC OCT 1997) G18 ACCOUNTING AND APPROPRIATION (DFSC FEB 1968) I11.01 ADMINISTRATIVE COST OF DEFAULT (DFSC APR 1997) I28.21 TAXES -- FOREIGN FIXED-PRICE CONTRACTS (JAN 1991) I33 INTEREST (JUN 1996) I84 REQUIREMENTS (OCT 1995) I115 CONTRACTOR RESPONSIBILITY FOR RETURNING UNDELIVERED FREIGHT (APR 1984) I190.04 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DFSC MAR 1996) I209.09 EXTENSION PROVISIONS (PC&S) (DFSC OCT 1994) K45 FACSIMILE INVOICING (DFSC SEP 1988) L5.01 AGENCY PROTESTS (DESC AUG 1997) -- DLAD L54 SITE VISIT (DFSC OCT 1992) III. ADDITIONAL TERMS AND CONDITIONS In addition to the terms and conditions noted above and in the clauses incorporated by reference, the following terms and conditions shall also be included in any resultant contract: 1. All deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified. 2. At the Government's option, quantity may be determined at the receiving activity on the basis of- (a) Weight, using calibrated scales; or (b) A calibrated meter on the receiving tank system. If the Government does not elect to use one of the methods in (a) or (b) above, the quantity shall be determined (at the Contractor's option) on the basis of -- (a) Calibrated meter; (b) Certified capacity tables. The tables must be made available at the time of delivery; (c) Certified tank calibration markers. Certified tank calibration markers will not be accepted unlessthe conveyance is full to the marker and the entire quantity is delivered; or (d) The net quantity determined at the loading point by a calibrated loading rack meter or calibrated scales. This quantity must be mechanically imprinted on the loading rack meter ticket that is generated by the loading rack meter or calibrated scales. If this method is used, the Government reserves the right to redetermine the quantity received at time of delivery by gauging the receiving tank before and after delivery. WATER BOTTOMS. (a) Every delivery must be free of all water bottoms prior to discharge; and (b) The Contractor is responsible for their removal and disposal. VOLUME CORRECTION. Volume correction to gallons at 60oF (or liters at 15oC) is not required. MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS) Outside the U.S., other technically equivalent national or international standards may be used. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor. (1) Volume XII, Table 52, shall be used to convert cubic meters at 15oC to barrels of 60oF. Convert liters at 15oC to cubic meters at 15oC by dividing by 1,000. Convert gallons at 60oF to barrels at 60oF by dividing by 42. Should foreign law restrict conversion by this method, the method required by law shall be used. (2) If the original measurement is by weight and quantity is required in U.S. gallons, then -- . (A) Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60oF. (3) API MPMS, Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent. 3. Submission of invoices for payment, PC&S deliveries. (A) Overbillings -- (a) That are less than or equal to 0.5 percent of the quantity listed on the receiving document will be paid as originally invoiced by the Contractor when the overbilled quantity is solely a result of a difference in measurement techniques. (b) That exceed 0.5 percent of the quantity listed on the receiving document will be paid based on the corrected quantity as determined by the activity and annotated on the activity's receiving document. (B) Underbillings will be paid as invoiced. (C) Notwithstanding any permissible variation percentage, payment is authorized for a percentage not to exceed 120 percent of the ordered quantity. Payment shall be made for quantity within this allowable variation listed on the receiving document as received and accepted by the activity and invoiced by the Contractor. Posted 10/27/98 (W-SN265761). (0300)

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