36C25621Q1336_Fuel Inspection_RFQ_.c.pdf

U.S. Department of Veterans Affairs (VA) Network Contracting Office (NCO) 16

36C25621Q1336

A.1 DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06 published in Federal Register on June 10, 2021.

This solicitation is set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB), in accordance with Public Law 109-461. VAAR 852.219-10, VA Notice of Total Service-Disabled Veteran- Owned Small Business Set-Aside as prescribed in 819.7009 is applicable to this requirement.

The associated North American Industrial Classification System (NAICS) code for this procurement is 562998, with a small business size standard of $8M.

The FSC/PSC is J079.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. All quotes shall be sent to the Point of Contact.

POINT OF CONTACT

Contract Specialist, Orelia Parker. Orelia.Parker@va.gov Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

Submission of your response shall be received not later than 01:00 EST, Friday, August 13, 2021 at Orelia.Parker@va.gov. Hand delivery will not be accepted.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions and return a completed 52.212-3 Offeror Representations And Certifications—Commercial Items herein:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

36C25621Q1336

A.2 STATEMENT OF WORK

FUEL OIL TANK CLEANING AND TESTING

1. SCOPE OF SERVICE

It is the objective of Michael E. DeBakey VA Medical Center located at 2002 Holcombe Boulevard in Houston, Texas 77030 to enter a contract with a licensed contractor for periodic testing of all fuels to meet local, state, and federal regulatory requirements. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform fuel tank cleaning and testing on four-(4) 40,000 gallon diesel fuel tanks, two-(2) 12,000 gallon diesel fuel tanks, two-(2) 2,000 gallon diesel fuel tanks, one-(1) one 6,000 gallon diesel fuel tank, and thirty-six- (36) Lab Analysis to include Cetane Analysis. Tanks are located onsite near building 105 and 103 and are currently partially in good condition and registered with the State of Texas TCEQ.

The contractor shall use equipment and materials that are free of hazardous materials. The contractor shall notify the Government immediately when a visual observation or odor indicates that materials in required material sources or on sites owned or controlled by the Government may contain hazardous materials.

2. BACKGROUND AND GENERAL INFORMATION

The Michael E. DeBakey VA Medical Center serves as the primary health care provider for more than 113,000 Veterans in southeast Texas. Veterans from around the country are referred to the MEDVAMC for specialized diagnostic care, radiation therapy, surgery, and medical treatment including cardiovascular surgery, gastrointestinal endoscopy, nuclear medicine, ophthalmology, and treatment of spinal cord injury and diseases.

Located on a 119-acre campus and built in 1991, MEDVAMC is a state-of-the-art facility with 350 acute care beds, a 40-bed Spinal Cord Injury Center, and a 141-bed Community Living Center. An automated, computer-controlled transport system delivers food, laundry, and supplies throughout the building. The six-story granite building is designed with four exterior sections and four atriums that contain patio gardens, and a rehabilitation pool.

A. Period of Performance The period of performance shall be (12) months with four (4) 12-month option period exercisable at the discretion of the Government. The Period of Performance reads as follows:

• Base Period: 12 Months from Date of Award/Dictated in the final Contract

• Option Period 1: 12 Months after the End of the Base Period

• Option Period 2: 12 Months after the End of the Option Period 1

• Option Period 3: 12 Months after the End of the Option Period 2

• Option Period 4: 12 Months after the End of the Option Period 3

B. Invoice Instructions VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, Vendor Electronic Invoice Submission Methods. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

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• VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission.

Please go to this website: http://www.tungstennetwork.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

• A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org).

C. Periodic Progress Meetings The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office. The CO, COR, and designated Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

D. Site Visit (Recommended Attendance) There will be a site visit conducted on Tuesday, 3 August 2021, 09:00 a.m. – 11:00 a.m.

(CST). All prospective vendors shall meet at the VA Medical Center, 2002 Holcomb Blvd Houston, TX 77030 by 08:45 a.m. and prepare to start the walk through at 9:00 a.m. It is highly recommended for prospective offerors to attend the site visits. To attend the site visit, please contact the COR/Designee Mr. Will Ray email at willie.ray@va.gov cc Orelia.Parker@va.gov. Site Visit Schedule will be finalized on the morning of the tour by the COR/Designee. Prospective offerors will meet in front of building 105 located at the VA Medical Center, 2002 Holcomb Blvd Houston, TX 77030. Mask must be worn when on VA campus for the site visit. Please arrive early to secure parking timely.

During the site visit, preliminary fuel samples can be taken to determine the severity of contamination; however, the government will not reimburse for any testing cost.

Specific questions regarding the requirement must be submitted in email Thursday, 5 August 2021, 04: 30 p.m. (CST) to ensure a timely respond. All questions will be gathered, and responses will be posted on sam.gov against the existing announcement.

The government will determine if there’s a need to extend the announcement closing date.

3. DEFINITIONS

A. Contracting Officer Representative (COR): An individual designated in accordance with the authority contained in VA Acquisition Regulation (VAAR) 801.603-70 and 801.603-and authorized in writing by the contracting officer to perform specific technical or administrative functions. The COR is authorized to perform the following functions:

assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract;

issue written interpretations of technical requirements, including Government drawings, designs, specifications in accordance with the contract; monitor Contractor's performance and notifies both the CO and Contractor of any deficiencies; and provide site entry of Contractor personnel. The COR is not authorized to change any of the terms and conditions of the resulting order.

http://www.x12.org/

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B. Hours of Operation: The Government hereby provides notice and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

Services shall be performed during the VA normal business hours, 8:00 a.m. through 4:30 p.m., Monday through Friday, excluding Federal holidays any scheduled work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO). VA follows all Federal holidays that are set by law (USC Title 5 Section 6103).

• New Year's Day January 1

• Martin Luther King's Birthday Third Monday in January

• President's Birthday Third Monday in February

• Memorial Day Last Monday in May

• Independence Day July 4

• Labor Day First Monday in September

• Columbus Day Second Monday in October

• Veterans Day November 11

• Thanksgiving Day Fourth Thursday in November

• Christmas December 25

In addition to the days designated as holidays, the Government observes the following days:

• Any other day designated by Executive Order.

• Any other day designated by the President’s Proclamation; and

• Any other day designated by Federal Statute

4. SUMMARY OF WORK

A. Equipment Quality

Fuel tanks will be in good operating condition upon the effective date of this Contract.

This Contract will not apply to any tanks that are damaged through negligence, misuse, abuse, fire or explosion, or any act of God.

B. Preventative Maintenance Inspections and Service (All Tanks are Fibreglass) This contract provides for semi-annually cleaning of:

• Four-(4) 40,000-gallon diesel fuel tanks

(#10 UST BLD 105 #2 DIESEL FUELL ULTRALOW SULFUR )

(#11 UST BLD 105 #2 DIESEL FUELL ULTRALOW SULFUR )

(#12 UST BLD 105 #2 DIESEL FUELL ULTRALOW SULFUR )

(#13 UST BLD 105 #2 DIESEL FUELL ULTRALOW SULFUR )

• Two-(2) 12,000-gallon diesel fuel tanks

(#5 12K UST #2 DIESEL FUELL ULTRALOW SULFUR )

(#6 12K UST #2 DIESEL FUELL ULTRALOW SULFUR)

• Two-(2) 2,000-gallon diesel fuel tanks

(#7 2K UST BLD 109 #2 DIESEL FUELL ULTRALOW SULFUR )

(#8 2K UST BLD 114 #2 DIESEL FUELL ULTRALOW SULFUR)

• One-(1) one 6,000-gallon diesel fuel tank

• (#3 6K UST BLD 123 B-99)

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The contractor will use a high- speed diesel fuel purification system that will remove the water, bacteria, algae, and sediment from all storage tanks listed above. The contractor will provide before, midpoint, and after samples to the contracting officer representative.

• The price for cleaning the fuel oil and gasoline tank will be based on 80% of tank capacity per gallon of fuel. The total diesel tank capacity is 168,000 gal and 6,000 gal for unleaded fuel.

C. Lab Analysis to include Cetane Analysis

The contractor shall sample each tank listed above quarterly for bacteria, sediment, algae & water, Micro-organisms, and petulant filter ability. Depending on the results of tank sample testing, cleaning may be required. The contractor will provide lab testing for all diesel tank as follows: Certified lab analysis for particulate contamination, Standard Aviation Fuel Monitoring Method for Particle Analysis (ASTM) D-2276, Water and sediment, ASTM D-2709, Micro-organism study, culture study, bacteria count/ml and cetane analysis. Cleaning is to be scheduled at least ten-(10) days in advance with the Contracting Officer Representative (COR). Service representative shall make a written report to the Facilities Management Services, and the Manager of the Engineering Section (138-Facility Management Service (FMS)) on all work performed and advice of conditions found, including any recommendations.

• ASTM D-2276 Latest Standards URL: http://www.astm.org/cgi-bin/resolver.cgi?D2276

• ASTM D-2709 Latest Standards URL: http://www.astm.org/cgi-bin/resolver.cgi?D2709

5. SAFETY AND SECURITY REQUIREMENTS

In the performance of this Contract, the Contractor shall take such safety precautions to protect the lives and health of occupants of the building. The Contracting Officer, or his designee, will notify the contractor of any noncompliance with the foregoing provisions and the action to be taken. contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the contractor or his representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or any part of the work and hold the contractor in default. The contractor is responsible for securing the work site, equipment, and materials from vandalism and theft. Contractor’s employees may be subject to inspection of their personal effects when entering or leaving the MEDVAMC site. However, at no time will the contractor be considered a federal employee.

A. Injury or Accident Contractor shall submit a written report to the Contracting Officer Representative (COR)

VA Medical Center immediately of any incident of a major malfunction, accident or injury involving any during fuel cleaning and inspection.

B. Personal Protective Equipment

1. Due to COVID, Contractors shall provide their own Personal Protective Equipment (PPE) to ensure their safety. MEDVAMC and all clinics are requiring all patients, visitors, and government personnel to wear a face mask. Face coverings are mandatory at the expense of the Contractor. The government is screening all who enter this facility, to include a temperature check.

http://www.astm.org/cgi-bin/resolver.cgi?D2276 http://www.astm.org/cgi-bin/resolver.cgi?D2276 http://www.astm.org/cgi-bin/resolver.cgi?D2709 http://www.astm.org/cgi-bin/resolver.cgi?D2709

2. The Contractor’s PPE cannot prevent the performance of any interpretation services and shall be adjusted on the spot at the request of the COR if they prevent proper performance. For example, oversized gloves preventing the cleaning and inspection of the fuel tanks.

3. The Contractor arrival includes getting pass the screening process to the appropriate room, not just arriving at the designated building.

4. Influenza vaccine is not mandatory for Contractor personnel. Safety precautions shall include, but are not limited to the following requirements:

• Occupational Safety and Health Act (OSHA)

• Accident Prevention Manual for Industrial Operations, latest edition, National

Safety Council

• Applicable State and Local Safety Operation Procedures

• VA Safety Practices and Policies, VAMC standard operating procedures, and any other Federal, State, and Local regulations pertaining to the equipment listed for this contract.

• JCAHO

• NFPA 70E

6. OTHER WORK

Maintenance problems discovered on equipment covered by this contract which the contractor believes exceeds the scope of contract provisions, shall “not” be worked on. The contractor shall immediately notify the COR of any equipment or environmental conditions which impair or jeopardize the functioning of the equipment.

7. DOCUMENTATION AND VERIFICATION

A. The Contractor shall maintain a separate maintenance record on each fuel tank. All maintenance records shall be readily available anytime upon request for inspection by the CO, COR, or designee. The maintenance record is the property of the Government and shall be turned over to the Government at the end of the contract. The maintenance record shall be a chronological file that includes the following information:

• Date

• Description of work performed (contractor should be brief and concise)

• Any indication of problems experienced

• Initial or signature of contractor performing work.

8. CONTRACTOR REQUIREMENTS

A. Contractor shall have sufficient financial resources to successfully provide scope of services described herein. Possess all the manpower, equipment, tools, and ready sources of parts as necessary to carry out the conditions of the requirement promptly, skillfully, and expertly.

B. Contractor shall be licensed and insured in the state of Texas and have necessary qualifications as required by the local authority having jurisdiction to perform services outlined herein. Contractor shall maintain minimum insurance as referred in FAR 28.307- 2 and FAR 52.228-5.

C. Contractor shall have been in the business (for a minimum of five (3) years) of providing fuel tank cleaning and inspection. Expertise, experience, and regular business to include hazardous material and environmental controls regulations.

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D. The contractor shall provide a Point of Contact who shall be responsible for the performance of the work and communicating with the COR. The name of this individuals and an alternate shall be designated in writing to the COR.

9. PERFORMANCE REQUIREMENTS SUMMARY

The performance requirements summary below lists the contract’s primary service requirements, the associated performance standards, the acceptable quality levels (AQL), and the methods of government surveillance. While there are several contract requirements not listed in the chart below, failure to list a requirement in the performance requirements summary does not negate the contractor’s obligation to perform all contract requirements. Additionally, the VA reserves all rights and remedies under the provisions and clauses of the contract when performance of any contract requirement is unacceptable, whether listed below:

PWS

Paragraph

Performance Acceptable Quality Level

Method of Surveillance

Impact to Contractor

1, 8(b) Licenses and Insurance

All certifications, licenses, and training is current 95% of the time.

Contractor must submit a copy of the insurance annually.

Annual review by COR/Designee

Contract termination for non-compliance

2(b) Proper and Timely Invoice Submission

Direct review and oversight by COR/Designee

Document contractor performance report.

4(b) Preventative Maintenance/ Cleaning

No more than 1 verifiable instance within the same performance year and no more than 3 verifiable instances with the life of the contract in which the contractor fails to perform the service.

Direct observation by COR/Designee and Analysis of contractor's reports

Contract termination or option not exercised for non-compliance.

Document contractor performance report.

4(c) Testing

5(a)

Safety & Security, Injury and Accidents

Contractor follow and demonstrates safety and security precautions on all contract matters relating to daily operation of this contract 100% of the time.

Direct observation by COR/Designee

Contract termination or option not exercised for non-compliance.

Document contractor performance report.

5(b)

Personal Protective Equipment (PPE)

Contractor staff shall wear appropriate PPE 100% of the time it is required.

Direct observation by COR/Designee

Contract option not exercised for non-compliance.

Document contractor performance report.

36C25621Q1336

No more than one incident per year without a reasonable justification (i.e.

heath/medical)

7 Maintenance Record & File Documentation

For all tanks, no more than 1 time within the same calendar year in which Contractor fails to meet the requirements for the maintenance records.

Maintenance records shall always be maintained at 97% accuracy.

Direct observation by COR/Designee and Analysis of contractor's reports

Contract option not exercised for non-compliance.

Document contractor performance report.

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/

SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 8.00 JB __________________ __________________

Contractor shall provide all labor, parts, supervision, personnel, and transportation necessary to clean four (4); forty-thousand-gallon diesel fuel tanks semiannually.

Contract Period: Base POP Begin: 09-01-2021 POP End: 08-31-2022 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

4.00 JB __________________ __________________

Contractor shall provide all labor, parts, supervision, personnel, and transportation necessary to clean two (2): twelve-thousand-gallon diesel fuel tanks semi-annually Contract Period: Base POP Begin: 09-01-2021 POP End: 08-31-2022 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to clean two (2): two-thousand-gallon diesel fuel tanks semi-annually

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Contract Period: Base POP Begin: 09-01-2021 POP End: 08-31-2022 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and

2.00 JB __________________ __________________

transportation necessary to clean one (1): six-thousand-gallon diesel fuel tank semi-annually Contract Period: Base POP Begin: 09-01-2021 POP End: 08-31-2022 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and

36.00 EA __________________ __________________

transportation necessary to provide Cetane analysis Contract Period: Base POP Begin: 09-01-2021 POP End: 08-31-2022 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and

8.00 JB __________________ __________________

transportation necessary to clean four (4); forty-thousand-gallon diesel fuel tanks semiannually.

Contract Period: Option 1 POP Begin: 09-01-2022 POP End: 08-31-2023 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to clean two (2): twelve-thousand-gallon diesel fuel tanks semi-annually Contract Period: Option 1 POP Begin: 09-01-2022 POP End: 08-31-2023 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to clean two (2): two-thousand-gallon diesel fuel tanks semi-annually Contract Period: Option 1 POP Begin: 09-01-2022 POP End: 08-31-2023 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to clean one (1): six-thousand-gallon diesel fuel tank semi-annually Contract Period: Option 1 POP Begin: 09-01-2022 POP End: 08-31-2023 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to provide Cetane analysis Contract Period: Option 1 POP Begin: 09-01-2022 POP End: 08-31-2023 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services transportation necessary to clean four (4); forty-thousand-gallon diesel fuel tanks semiannually.

Contract Period: Option 2 POP Begin: 09-01-2023 POP End: 08-31-2024 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services transportation necessary to clean two (2): twelve-thousand-gallon diesel fuel tanks semi-annually Contract Period: Option 2 POP Begin: 09-01-2023 POP End: 08-31-2024 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services

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Contractor shall provide all labor, parts, supervision, personnel, and transportation necessary to clean two (2): two-thousand-gallon diesel fuel tanks semi-annually Contract Period: Option 2 POP Begin: 09-01-2023 POP End: 08-31-2024 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to clean one (1): six-thousand-gallon diesel fuel tank semi-annually Contract Period: Option 2 POP Begin: 09-01-2023 POP End: 08-31-2024 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

2005 36.00 EA __________________ __________________

Contractor shall provide all labor, parts, supervision, personnel, and transportation necessary to provide Cetane analysis Contract Period: Option 2 POP Begin: 09-01-2023 POP End: 08-31-2024 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to clean four (4); forty-thousand-gallon diesel fuel tanks semiannually.

Contract Period: Option 3 POP Begin: 09-01-2024 POP End: 08-31-2025 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to clean two (2): twelve-thousand-gallon diesel fuel tanks semi-annually Contract Period: Option 3 POP Begin: 09-01-2024 POP End: 08-31-2025 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services

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PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to clean two (2): two-thousand-gallon diesel fuel tanks semi-annually Contract Period: Option 3 POP Begin: 09-01-2024 POP End: 08-31-2025 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to clean one (1): six-thousand-gallon diesel fuel tank semi-annually Contract Period: Option 3 POP Begin: 09-01-2024 POP End: 08-31-2025 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to provide Cetane analysis Contract Period: Option 3 POP Begin: 09-01-2024 POP End: 08-31-2025 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to clean four (4); forty-thousand-gallon diesel fuel tanks semiannually.

Contract Period: Option 4 POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to clean two (2): twelve-thousand-gallon diesel fuel tanks semi-annually Contract Period: Option 4 POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous

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Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to clean two (2): two-thousand-gallon diesel fuel tanks semi-annually Contract Period: Option 4 POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to clean one (1): six-thousand-gallon diesel fuel tank semi-annually Contract Period: Option 4 POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and transportation necessary to provide Cetane analysis Contract Period: Option 4 POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 562998 - All Other Miscellaneous Waste Management Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

GRAND TOTAL __________________

Prior to exercising any option, the Contracting Officer will ensure that it is still in the governments best interest, with price and other factors considered.

Any extension, in accordance with FAR 52.217-8, shall utilize Option 4 pricing. Thus, the offeror’s total price for the purpose of evaluation will include the base period, 1st option, 2nd option, 3rd option, 4th option, and ½ of the 4th option. As indicated in FAR 52.217-8 the government will have the option provision to extend the performance of the contract up to an additional 6 months when the contractor is provided written notice. Thus, providing separate pricing for the optional six-month extension period is not required.

A.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DELIVERY DATE

0001-0005 SHIP

TO:

2002 Holcomb Blvd Houston, TX 77030

See Schedule TBD - Base

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MARK

FOR:

Willie Ray or Edwin Kuny 713-794-7474

1001-1005 SHIP

TO:

2002 Holcomb Blvd Houston, TX 77030

See Schedule TBD - Option 1

MARK

FOR:

Willie Ray or Edwin Kuny 713-794-7476

2001-2005 SHIP

TO:

2002 Holcomb Blvd Houston, TX 77030

See Schedule TBD - Option 2

MAROR: Willie Ray or Edwin Kuny 713-794-7481

3001-3005 SHIP

TO:

2002 Holcomb Blvd Houston, TX 77030

See Schedule TBD - Option 3

MARK

FOR:

Willie Ray or Edwin Kuny 713-794-7486

4001-4005 SHIP

TO:

2002 Holcomb Blvd Houston, TX 77030

See Schedule TBD - Option 4

MARK

FOR:

Willie Ray or Edwin Kuny 713-794-7491

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance 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. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable 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.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) 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.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) 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 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 which reasonably could have been avoided.

(m) 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.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) 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.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF

COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[X] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[X] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the…