BPA for Industrial Gases

This is a combined synopsis/solicitation for National Soil Survey Center prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 13.3, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and proposals are being requested. The solicitation number is AG-7482-S-12-0005 and this solicitation is being issued as a Request for Quote and is hereby issued using FAR Subpart 13.1, Simplified Acquisition procedures. This acquisition will use Full and Open Competition under the North American Industry Classification System Code (NAICS) 325120, size standard 1000 employees and is intended to be a small business set aside. PURPOSE The NRCS National Soil Survey Center (NSSC) requires a reliable supply of various gases to support operations. The Government intends to issue calls against this BPA to provide gases and cylinder/dewar rental. The Contracting Officer will provide a list of individuals (POC's) that will be authorized to order gases against this BPA, but will not be authorized to obligate additional funds or change the scope of work. The Contractor will deliver the gas cylinders and dewars to locations in the NSSC specified by the POC. The Contractor will invoice the Government monthly for cylinders and dewars that are held at the NSSC and for cylinders and dewars that are lost or damaged by the Government. Invoicing shall be based on the current price list as approved by the Contracting Officer. When the agreement expires or is terminated by either party, the Contractor shall pick up all their bottles that are at NRCS NSSC in accordance with direction provided by the POC's at no additional cost to the Government. National Soil Survey Center, NSSC, Lincoln, NE intends to award a Blanket Purchase Agreement to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors are considered. The following factors shall be used to evaluate offers: Technical Capability , Price, and Past Performance. REQUIREMENTS The requirement for NSSC Laboratory chemicals and gases includes, but not limited to: 180 Liter Liquid Argon 180 Liter Liquid Nitrogen 22 PSI Atomic Absorption Acetylene Industrial Grade Helium Industrial Grade Nitrogen UHP Argon UHP Helium UHP Hydrogen UHP Oxygen USP Nitrous oxide Zero Grade Compressed Air Zero Grade Nitrogen Please see attachment Exhibit A for Chemical and Gases Grades, Container Material, Container Volume. Pricing information should be addressed according to these standards. 1. Provide the following items in accordance with applicable Federal and local laws and regulations. The cylinder and dewar dimensions shown in the attached spreadsheet are nominal. The gases identified are currently in use at the NSSC. All fittings and gauges shall use the U.S. Customary System of measurement unless otherwise specified. Gas specifications are referenced in order to describe the required physical characteristics and not to specify the methods used to manufacture, contain or test the gas. The Government reserves the right to procure additional gases or cylinder and dewar types under this BPA. 2. All cylinders and dewars shall be furnished by the Contractor. a. Cylinders and dewars shall be marked in accordance with DOT Regulations. A certificate of conformance will be provided for each order. The certificate shall reference the order number and shall state that the gas meets the applicable standard. If the Contractor's cylinder and dewar markings indicate conformance to the standard then that will be accepted in lieu of a certificate. b. If the cylinder and dewar relief valve fails then the Contractor shall reimburse the Government for the prorated value of the lost gas. c. The Contractor shall specify in their proposal the volume of gas held in each cylinder and dewar type, except for acetylene cylinders. 3. Gas cylinder and dewar delivery and pickup within the NSSC located in Lincoln, NE. a. The Contractor shall deliver and pickup gas cylinders and dewars as specified by the POC. The Contractor's proposal shall include a required response time. The Government desires a one business day response time. b. The POC will specify gas type, cylinder and dewar size, cylinder and dewar quantity and delivery location. The Contractor shall offload cylinder and dewars from delivery vehicle. The Contractor may require Government assistance to offload. c. The Contractor shall pick up gas cylinders and dewars as specified by the POC. The POC will specify gas type, bottle quantity and pickup location. The Contractor shall on load cylinders and dewars to the pickup vehicle. d. The Contractor shall load and offload gas cylinder and dewar. 4. The geographic area that shall be supported by the Contractor is the NSSC in Lincoln, NE. 5. The Government will reimburse the Contractor for cylinders and dewars that have been lost or damaged by the Government in accordance with the approved pricelist. 6. The Government will use the cylinders and dewars to support operations throughout the NSSC and will relocate cylinders and dewars as required. 7. The Contractor may propose to maintain gas supplies at the NSSC. If the Contractor can provide this option then it shall be described in the proposal. 8. The Contractor shall provide a Material Safety Data Sheet (MSDS) for each gas that may be delivered under this contract. MSDS' shall be provided by the Contractor at time of delivery against a BPA call. If the MSDS' are not provided, the delivery will not be accepted by the POC and any associated costs with the attempted delivery will be responsibility of the Contractor. 9. All fees associated with providing bulk gas and gas cylinders and dewars shall be included in the pricelist. For example, delivery fees and hazardous material fees shall be included in the price charged for gas. 10. The Contractor shall deliver a monthly report that will be used to support invoicing. Rental fees will cover the Government costs for each month the bottle is held. Rental costs shall be charged for the number of bottles held by the Government. The number of bottles (dewars and cylinders listed separately) held shall be calculated as follows for each month: #Bottles Provided - #Bottles picked up = #Bottles held. The number of bottles held shall never be less than zero. 11. Bottle procurement fees cover the Government's costs for bottles that are lost or damaged by the Government. The report shall identify each delivery including: a. Call number b. Delivery Date c. Delivery Location (NSSC) d. Gas Type e. Cylinder / Dewar Size f. Cylinder / Dewar Serial Number (if applicable) g. Rental, Bottle Procurement, Bulk Gas Invoices h. Invoice Totals i. Issues with container TERMS AND CONDITIONS 1. The Contractor shall furnish National Soil Survey Center, if and when requested by the Contracting Officer, or his/her authorized representative, during the period specified in the clause below entitled "Effective Period". Purchases made here under may be written or oral; provided, that Contractor shall provide items only upon official request. Such calls shall include a description of the supplies or services being ordered; prices thereof; and delivery schedule. Unless otherwise stated the inspection and acceptance will be at NSSC and performed by the Government. 2. Supplies and services purchased under this agreement shall be limited to items on price list supplied by Contractor and attached herein as Exhibit A. Annually, the Government will contact the Contractor to verify the price list. If there are any changes to the price list, the Contractor must submit the proposed price list with all changes identified to the Contracting Officer no less than 30 days prior to the proposed effective date. The Contracting Officer must approved the price list before any changes go into effect. 3. Extent of Obligation: The Government is only obligated to the extent of authorized calls actually placed against this BPA. 4. Purchase Limitation: No individual call under this agreement shall exceed $3,000.00 without the authorization of the Contacting Officer. The minimum will be $100.00 and a maximum of 30,000.00 per call and a total not to exceed 100,000.00 over the 3 year period. 5. Individuals Authorized to place calls and dollar limitations under this BPA: A list of names authorized to place calls under this agreement, identified by organizational component shall be furnished to the contractor by the Contracting Officer in an attachment to this BPA (Exhibit B) after award. 6. Delivery Tickets: All shipment/services under this agreement shall be accomplished by delivery tickets or sales slips, which shall contain the following minimum information: (i) Name of supplier (ii) BPA number (iii) Date of purchase (iv) Purchase number (v) Itemized list of supplies or services furnished. (vi) Quantity, unit price, and extension of each item, less applicable discounts. (vii) Date of delivery or shipment 7. Invoices: An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, which ever occurs first, for all deliveries made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets. Invoices need to be sent to: 501 W. Felix St., Bldg 23, Fort Worth, TX 76115 Attn: Darin Wilson or via email to george.wilson@ftw.usda.gov. In accordance with FAR 52.232.37, payments may be made through alternative methods. Government Purchase card payments shall be made in accordance with FAR 52.232-36. 8. Either party may terminate this agreement with or without cause on thirty (30) days prior written notice to the other party. 9. Effective Period: This BPA is effective from Date of Final Signature for a period of 3 years. The quotations must be submitted on Exhibit A: 1) Proposing company's name, address and phone; 2) point of contact's name, phone and email; 3) Quotation number and date; 4) Item pricing; 5) Total price for all chemicals and gases included; 6) Shipping; 7) Payment terms; Quotations MUST also contain a complete description of items offered to clearly show item meets or exceeds the requirements listed above. The Contracting officer will review quotations based on the factors listed in this solicitation and the information furnished by the offeror. Before price is considered, the proposal must meet the technical capabilities. The lowest price technically acceptable will be awarded the order. IMPORTANT NOTICE TO CONTRACTORS: All prospective awardees are required to register at the Central Contractor's Register (CCR) and to maintain active registration during the life of the contract. CCR can be accessed at www.bpn.gov. All Quotations and responses must be received no later than 1:00 PM, Central Standard Time on 20 July 2012. Submittal of quotes in response to this RFQ constitutes agreement by the offeror of all terms and conditions contained herein, which will also be the terms and conditions of resulting contract. ADMINISTRATIVE INFORMATION a. Administration: This agreement will be administered by the organization listed below: U.S. Department of Agriculture Natural Resources Conservation Service National Center Servicing Unit 501 W. Felix Street Fort Worth, Texas 76115 b. Points of Contact: Contracting Office: U.S. Department of Agriculture Natural Resources Conservation Service National Center Servicing Unit 501 W. Felix Street Fort Worth, Texas 76115 Prime: George "Darin" Wilson, Contracting Officer Phone: (817) 509-3503 FAX: (817) 509-3594 Email: george.wilson@ftw.usda.gov It is the offeror's responsibility to be familiar with the applicable clauses and provisions. The following FAR clauses apply to this agreement (full text may be found at http://www.acqnet.gov/far/index.html). FAR 52.213-4 Terms and Conditions Simplified Acquisitions (Other than Commercial Items). (MAR 2012) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246). (iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iv) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (v) 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). (vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (2) Listed below are additional clauses that apply: (i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). (ii) 52.232-1, Payments (Apr 1984). (iii) 52.232-8, Discounts for Prompt Payment (Feb 2002). (iv) 52.232-11, Extras (Apr 1984). (v) 52.232-25, Prompt Payment (Oct 2008). (vi) 52.233-1, Disputes (July 2002). (vii) 52.244-6, Subcontracts for Commercial Items (Jan 2011). (viii) 52.253-1, Computer Generated Forms (Jan 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.) (ii) 52.222-20, Walsh-Healey Public Contracts Act (Oct 2010) (41 U.S.C. 35-45) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iii) 52.222-35,Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (v) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more). (vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.) (vii) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities). (viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be- (A) Delivered; (B) Acquired by the Contractor for use in performing services at a Federally-controlled facility; (C) Furnished by the Contractor for use by the Government; or (D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.) (ix) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition- (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000). (x) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.) (xi) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (MAY 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.) (xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).) (2) Listed below are additional clauses that may apply: (i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (Applies to contracts over $30,000). (ii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies). (iii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.) (iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin). (v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination). (c) FAR 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): http://www.acqnet.gov/far/index.html (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights- (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (FAC 2005-55) FAR 52.216-18 Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. FAR 52.216-19 Oder Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of $5000.00; (2) Any order for a combination of items in excess of $40,000.00; or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End Of Clauses)