SOW Water Utility Servives Department of Energy SPR West Hackberry site.pdf

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. GENERAL

The Cameron Parish Waterworks District No. 2, in Hackberry, Louisiana, shall supply the monthly potable water service to the Strategic Petroleum Reserve (SPR) West Hackberry main site and West Hackberry Brine Disposal Well site for a period not to exceed ten (10) years from June 1, 2024 through May 31, 2034.

2. LOCATION

The SPR West Hackberry site is located in Cameron Parish approximately 21 miles south of Sulphur, Louisiana and 16 miles north of the Gulf of Mexico on Louisiana Highway 27. The physical site address is: 1450 Black Lake Road, Hackberry, LA 70645.

3. PERFORMANCE REQUIREMENTS

a. The potable water supplied to the SPR West Hackberry main site and West

Hackberry Brine Disposal Well site shall comply with the State of Louisiana Department of Health and Hospitals (DHH) – Office of Public Health (OPH), Title 51, Sanitary Code, Part XII - Water Supplies.

b. The Cameron Parish Waterworks District No. 2 public water system supplying water to the SPR West Hackberry main site and West Hackberry Brine Disposal Well site shall comply with the State of Louisiana Department of Health and Hospitals (DHH) – Office of Public Health (OPH), Title 51, Sanitary Code, Part XII - Water Supplies.

c. The Cameron Parish Waterworks District No. 2 shall be capable of supplying the following quantities of water to the potable SPR West Hackberry main site:

Average monthly consumption = 190,000 gallons Average daily consumption = 6,100 gallons Maximum daily consumption = 22,500 gallons

4. SCOPE AND DURATION OF CONTRACT (FAR 52.241-3, FEB 1995)

a. For the period of 120 months, the Contractor agrees to furnish, and the Government agrees to purchase, metered water services utility service in accordance with the applicable tariff(s), rules, and regulations as approved by the applicable governing regulatory body and as set forth in the contract.

b. It is expressly understood that neither the Contractor nor the Government is under any obligation to continue any service under the terms and conditions of this contract beyond the expiration date.

c. The Contractor shall provide the Government with one complete set of rates, terms, and conditions of service which are in affect as of the date of this contract and any subsequently approved rates.

d. The Contractor shall be paid at the applicable rates(s) under the tariff and the Government shall be liable for the minimum monthly charge, if any, specified in this contract commencing with the period in which service is initially furnished and continuing for the terms of this contract. Any minimum monthly charge specified in this contract shall be equitably prorated for the periods in which commencement and termination of this contract become effective.

5. CHANGE IN RATES OF TERMS AND CONDITIONS OF SERVICE FOR REGULATED

SERVICES (FAR 52.241-7, FEB 1995)

a. The utility services supplied hereunder shall be billed to the place designated, and the charges therefore shall be set forth in the applicable rates of the Contractor lawfully in force and effect from time to time during the term of this contract.

b. This clause applies to the extent services furnished under this contract are subject to regulation by a regulatory body. The Contractor agrees to give 60 days written notice of (1) the filing of an application for change in rates or terms and conditions or service concurrently with the filing of the application and (2) any changes pending with the regulatory body as of the date of this contract award. Such notice shall fully describe the proposed change. If, during the term of this contract, the regulatory body having jurisdiction approves any changes, the contractor shall forward to the Contracting Officer a copy of such changes within 15 days after the effective date thereof. The contractor agrees to continue furnishing service under this contract in accordance with the amended tariff, and the Government agrees to pay for such service at the higher or lower rates as of the date when such rates are made effective.

c. The Contractor agrees that throughout the life of this contract, the applicable published and unpublished rate schedule(s) shall not be in excess of the lowest cost published and unpublished rate schedule(s) available to any other customers of the same class under similar conditions of use and service.

d. In the event that the regulatory body promulgates any regulation concerning matters other than rates which affects this contract, the Contractor shall immediately provide a copy to the Contracting Officer. The Government shall not be bound to accept any new regulation inconsistent with Federal laws or regulations.

e. Any changes to rates or terms and conditions of service shall be made a part of this contract by the issuance of a modification unless otherwise specified herein. The effective date of the change shall be the effective date by the regulatory body. Any factors not governed by the regulatory body will have an effective date as agreed to by the parties.

f. In the event of a change in the class of service, such service shall be provided at the Contractor’s lowest available rate schedule applicable to the class of service furnished.

g. Where the Contractor does not have on file with the regulatory body approved rate schedules applicable to services provided, no clause in this contract shall preclude the parties from negotiating a rate schedule applicable to the class of service furnished.

6. SERVICE PROVISIONS (FAR 52.241-6, FEB 1995)

a. Measurement of Service

1) All service furnished by the Contractor shall be measured by suitable metering equipment of standard manufacture, to be furnished, installed, maintained, repaired, calibrated, and read by the Contractor at its expense. When more than a single meter is installed at a service location, the readings thereof may be billed conjunctively, if appropriate. In the event any meter fails to register (or registers incorrectly) the service furnished, the parties shall agree upon the length of time of meter malfunction and the quantity of service delivered during such period of time. An appropriate adjustment shall be made to the next invoice for the purpose of correcting such errors. However, any meter which registers not more than 1.0 percent slow or fast shall be deemed correct.

2) The Contractor shall read all meters at periodic intervals of approximately 30 days or in accordance with the policy of the cognizant regulatory body or applicable bylaws. All billings based on meter readings or less than 30 days shall be prorated accordingly.

b. Meter test

1) The Contractor, at its expense, shall periodically inspect and test Contractor-installed meters at intervals not exceeding 3 years. The Government has the right to have representation during the inspection and test.

2) At the written request of the Contracting Officer, the Contractor shall make additional tests of any or all such meters in the presence of Government representatives. The cost of such additional tests shall be borne by the Government if the percentage of errors is found to be not more than 1.0 percent slow or fast.

3) No meter shall be placed in service or allowed to remain in service which has an error in registration in excess of 1.0 percent under normal operating conditions.

c. Change in Volume or Character

Reasonable notice shall be given by the Contracting Officer to the Contractor regarding any material changes anticipated in the volume or characteristics of the utility service required at each location.

d. Continuity of Service and Consumption

The Contractor shall use reasonable diligence to provide a regular and uninterrupted supply of service at each service location, but shall not be liable for damages, breach of contract or otherwise, to the Government for failure, suspension, diminution, or other variations of service occasioned by or in consequence of any cause beyond the control of the Contractor, including but not limited to acts of God or of the public enemy, fires, floods, earthquakes, or other catastrophe, strikes, or failure or breakdown of transmission or other facilities. If any such failure, suspension, diminution, or other variation of service shall aggregate more than 24 hours during any billing period hereunder, an equitable adjustment shall be made in the monthly billing specified in this contract (including the minimum monthly charge).

7. ADDITIONAL APPLICABLE FAR CLAUSES

a. FAR 52.212-4, Contract Term and Conditions – Commercial Items (DEC 2022)

b. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders - Commercial Items (DEC 2022)

The Contractor shall comply with the following 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) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755, 12608, 12943)

2) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (DEC 2022)

(E.O. 13126)

3) 52.222-21, Prohibition of Segregated Facilities (APR 2015)

4) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246, 11375)

5) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212)

6) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 2020) (29 U.S.C.

793)

7) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)

8) (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))

(ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C))

9) 52.232-30, Installment Payments for Commercial Items (NOV 2021) (41 U.S.C.

255(f), 10 U.S.C. 2307(f))

10) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2018) (31 U.S.C. 3332)

c. FAR 52.241-2, Order of Precedence – Utilities (FEB 1995)

d. FAR 52.241-4, Change in Class of Service (FEB 1995)

e. FAR 52.241-5, Contractor’s Facilities (FEB 1995)

8. INVOICING

f. All original invoices must be submitted to the following address:

United States Department of Energy – SPRO Oak Ridge Financial Services Center P.O. Box 4907 Oak Ridge, TN 37831

g. In addition, two copies of the invoice and your e-mail address must be submitted to the following address:

United States Department of Energy Strategic Petroleum Reserve Project Management Office Planning and Financial Management Division, FE-4452 900 Commerce Road East New Orleans, LA 70123