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, SPE60525Q0256, 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 2025-03 dated 17 Jan 2025. 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/
This opportunity is issued as 100% Small Business Set-Aside under NAICS code 324110.
Scope of Contract:
CLIN 0001 – The contractor shall provide, under line item 0001:
11,500 USG of DIESEL FUEL (DS2, Clear Diesel) (NSN: 9140-015240139)
delivered by TANK TRUCK W/ PUMP AND METER
to:
1 SATELLITE TRACKING STATION RD WAIANAE HI 96792
Required delivery date: February 17, 2025 – February 28, 2025
Delivery will be f.o.b. destination.
No. of Tanks Capacity Type Tank Location
2 20000 BELOW GROUND TANK LOC EAST OF BUILDING 39 [GPS 21.56913, -158.26142]
Delivery Hours: 0700 - 1400 MONDAY-FRIDAY SEE DELIVERY NOTES
Delivery Notes: Special Access Required. Vendor required to contact the delivery POC 24 business hours
before delivery. Driver and truck details need to be provided at that time.
Additional information needs to be added to a
delivery receipt to comply to local government regulations as it relates to fuel certification when
delivering to a diesel engine generator. Add the following additional information onto a delivery
ticket (if not already stating); it can be hand written or printed. Please note that if requested
supporting documentation about the figures illustrated can be requested at any time. Fuel Type Sulfur
content (percent by weight) Minimum cetane index (or maximum aromatic content) Delivery Date Amount of fuel (in gallons).
Recommend 50’ to 75’ of hose to allow for flexibility with vehicle positioning for off-loading.
The fill port is a Camlock connection (4”)
***CLEAR DIESEL FUEL ONLY -- NO DYES***
Escort is required and will be coordinated by POC. Preferred delivery window: M-F / 0700 hrs to 1500 hrs.
Delivery Ticket Notes: METERED DELIVERY TICKET REQUIRED.
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.
Quotations are due NLT 10:00pm Eastern Daylight Time (EDT) Fort Belvoir, VA Local Time, Wednesday, 12 February 2025.
Send questions to the Contract Specialist, Hannah Savine, by email to Hannah.r.savine@dla.mil. Email quotations to the contract specialist and DLAEnergyFEPAB@dla.mil no later than RFQ due date/time.
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 Products and Commercial Services (Sep 2023) applies to this acquisition.
FAR 52.212-2 Evaluation—Commercial Product and Commercial Service (NOV 2021)
(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:
Factor 1: Price
Factor 2: Past Performance
1. Factor 1: Price – Prices will be evaluated for fairness and reasonableness. Pricing that poses a risk to the Government may result in rejection of the quote.
Price reasonableness will be determined by comparing the prices received among responsive and responsible offerors and against historical prices paid for similar items or services. The Government may also use other price analysis techniques deemed appropriate to validate the fairness and reasonableness of the offered prices.
Offerors are reminded that the quoted price shall include all costs associated with performance of the work –
i. All administrative or overhead costs
ii. All transportation charges from the shipping point of the supplier to the delivery destination
iii. All applicable taxes, fees, and duties, except taxes and duties that the Government of the United States are not exempt
Basis for award: The contract will be awarded to the lowest priced, responsible quotation from a responsible vendor.
2. Factor 2: Past Performance – The Government will review past performance using the Supplier Performance Risk System (SPRS) to assess the offeror’s ability to perform on similar contracts. A satisfactory score will be required to ensure reliability.
PROVISION/CLAUSES INCORPORATED BY REFERENCE:
FAR 52.223-3 Hazardous Material Identification And Material Safety Data (Feb 2021)
FAR 52.246-2 Inspection of Supplies—Fixed-Price (Aug 1996)
DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Sep 2022)
DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors (Jan 2023)
DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (MAY 2024) (DEVIATION 2024-O0013, REVISION 1)
DFARS 252.232-7010 Levies on Contract Payments (Dec 2006)
DFARS 252.246-7000 (Reserved)
DFARS 252.204-7019 Notice of NISTSP 800-171 DoD Assessment Requirements
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 (DS2) also applies. (See attached)
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)
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.
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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)
