47PC1018R0008_Solicitation.pdf

Table of Contents

1. SF 1449………………………………………………………………………….Page 1

2. Statement of Work………………………………………………………..Page 23

3. Solicitation Description and clauses……………………………….Page32

4. Representation and Certifications………………………………….Page 56

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 E02PSUN-1 B-0086 63

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

a. NAME

7. FOR SOLICITATION

� INFORMATION CALL:

Joseph Spado

9. ISSUED BY CODE 2PQAN

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS

TION UNLESS BLOCK IS

MARKED

D SEE SCHEDULE

15. DELIVER TO CODE

17a. CONTRACTOR/ CODEI I

FACILITY

OFFEROR CODE

TELEPHONE NO.

17b. CHECK IF REMITIANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

D OFFER

19. 20.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES

See below for additional information

DATE

47PC101BROOOB 9/7/2018

b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/ calls) LOCAL TIME 9/25/2018

862-236-1415 4:30 PM (EST)

10. THIS ACQUISITION IS lJ UNRESTRICTED OR � SET ASIDE 100 %FOR:

[8J SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS ---

D (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

D

HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:

BUSINESS

0EDWOSB 454310

D

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD

SMALL BUSINESS Os(A) 50 Employees

13b. RATING D 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

0RFQ D1FB [8:JRFP

16. ADMINISTERED BY CODE l2PQAN

NEW JERSEY UNIT

970 BROAD STREET

NEWARK, NJ 07102

18a. PAYMENT WILL BE MADE BY CODE IBCFA

PBS Payments Branch P.O. Box 17181 Ft. Worth, TX 76102-0181

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED D SEE ADDENDUM

21. 22. 23. 24.

QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessa,y)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

Please see attached

[8J 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE A TI ACHED. ADDENDA

D 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATIACHED. ADDENDA

DARE [8J ARE NOT ATIACHED

DARE DARE NOT ATIACHED

[8J 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _1 __ D 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED . YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS

30a. SIGNATURE OF OFFERORICONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31 b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

Joseph Spado

STANDARD FORM 1449 (REV 212012)

Prescribed by GSA - FAR (48 CFR) 53.212

Updated – 19 July 2018

Statement of Work

Automatic Fuel and Propane Deliveries to Various Locations in the Northern New York (Clinton, Franklin, St. Lawrence and Jefferson County)

1. General Description:

This Statement of Work concerns “Automatic Fuel Deliveries” for GSA’s 9 Northern border locations in Clinton, Franklin, St Lawrence, and Jefferson county New York and is intended to describe, together with any attached documents; the work to be performed under the above-mentioned project name.

The contractor shall provide all labor, material, equipment, supervision, quality control and all other items necessary, to accomplish the herein described work.

2. Scope of Work: Contractor will automatically (without a request from GSA) replenish the fuel tanks with the type of fuel as listed in paragraph 4 (below) to ensure the adequate supply of propane, heating fuel or generator fuel for border station and building operations. The contractor will also be responsible to furnish and supply 2 x 2000 gallon propane tanks and specified vaporizers for the new Commercial building at the Alexandria Bay Land Port of Entry in the spring of 2019 (estimated). Additional tanks (and vaporizers) will be required for the Waste Water Treatment Plant building at the Alexandria Bay LPOE – date to be determined.

3. Period of Performance Base Year 1 October 2018 through 30 September 2019.

Option Year 1 1 October 2019 through 30 September 2020.

Option Year 2 1 October 2020 through 30 September 2021.

Option Year 3 1 October 2021 through 30 September 2022.

Option Year 4 1 October 2022 through 30 September 2023.

4. Fuel Tanks: The listed fuel tanks are of varying capacity and differing fuel requirements over an area covering 4 counties in the State of New York

4.1 Tank Locations, Fuel Requirements, and estimated Fuel Usage are listed below.

The Government makes no guarantee that the estimated fuel usage is accurate, but made this estimate using past usage fuel oil records. Locations can be found in the attached appendix 2 (Fuel Tank and Filler Locations).

4.1.1 Clinton County (Pricing Group 1)

• Mooers Border Station, Mooers, NY AST-garage, 1000-gal, 50/50 blend, average usage = 500-gal/mo/season

• St John’s Hwy border station, Rouses Point, NY UST-basement, 1000-gal, 50/50 blend, average usage = 750-gal/mo/season

Generator AST-Generator, 300-gal, low sulfur diesel, average usage = 300-gal/ season, on call

Overton’s Corners Border Station, Champlain, NY UST-basement, 5000-gal, 50/50 blend, average usage = 1000-gal/mo/season AST-garage, 275-gal, 50/50 blend, average usage = 800-gal/mo/season

Generator AST- generator, 300-gal, low sulfur diesel, average usage = 300-gal/ season, on

• Champlain Border Station, Champlain, NY AST-VACIS, 1000-gal, 50/50 blend, average usage = 250-gal/mo/season, currently unoccupied, on call AST-GSA garage, 1000-gal, 50/50 blend, average usage = 1000 gal/mo/season AST-NII generator, 435-gallon, low sulfur diesel, average usage = 100-gal/season, on call

Generators UST-Export Bldg, 8000-gal, low sulfur diesel, average usage = 1000-gal season, on call UST (2)-Cargo Bldg, 20000-gal, low sulfur diesel, average usage = 2000 gal/ season, on call UST (2)-Admin Bldg, 10000-gal, low sulfur diesel, average usage = 2000-gal/season, on call,

4.1.2 Franklin County (Pricing Group 2)

• Chateauguay Border Station, Chateauguay, NY AST-North garage, 1000-gal, 50/50 blend, average usage = 500-gal/mo/season AST-South garage, 292-gal, 50/50 blend, average usage = 100-gal/mo/season

Generators AST- Main Building Generator, 240-gal, low sulfur diesel, average usage = 300-gal/season, on call AST-Cargo Building Generator, 195-gal, low sulfur diesel, average usage = 200 gallons/season, on call

• Trout River Border Station, Constable, NY

AST-Garage, 1000-gal, 50/50 blend, average usage = 750-gal/mo/season

Generator AST- Generator, 240-gal, low sulfur diesel, average usage = 100-gal/season, on

• Fort Covington Border Station, Fort Covington, NY AST-garage, 1000-gal, 50/50 blend, average usage = 500-gal/mo/season

4.1.3 Saint Lawrence County (Pricing Group 3)

• Massena Border Station, Massena, NY

UST (2) Generator, 8000-gal, low sulfur diesel, average usage = 2000-gal/season, on call

4.1.4 Jefferson County (Pricing Group 4)

• Alexandria Bay (Wellesley Bay) Border Station, Alexandria Bay, NY

Propane New Commercial Building - 2 x 2000 gallon Propane - new fuel tanks and specified vaporizers will be supplied and installed by fuel supplier as the project progresses (spring 2019). The SOW will be updated when additional tanks are removed or installed.

Broker/Temp Cargo, (2) 500-gal, average usage = 600-gal/mo/season Secondary, 1000-gal, average usage = 400-gal/mo/season VACIS, 1000-gal, average usage = 200-gal/mo/season

Fuel Main, generator, 500-gal, low sulfur diesel, average usage = 1400-gal/season, on call Commercial, (2) Generator, 20,000-gal, low sulfur diesel, average usage TBD (these tanks will require an initial fill in spring 2019.)

4.2. Performance Period:

4.2.1 This is a mission-sensitive procurement. The performance period is from 10/01/2018 through 09/30/2019 with option years through 9/30/2023.

4.2.2 This contract entails the requirement to ensure an ample supply of heating fuel or propane in support of the tenant’s 24/7/365 mission.

4.3 PRICE

4.3.1 The contract unit price per gallon of oil and propane will consist of two components – the current index rate and a margin inclusive of all contractor markups.

The unit price is expressed as follows: Price per Gallon = Current Index Rate + Contractor Margin.

Index Rate: Contractor shall propose the current index rate(s) to be used for this contract and provide supporting documentation and website to verify the current index rate. This index rate shall be based on the current rate 1 day prior to the proposal due date. This rate will be used for purposes of calculating the total evaluated price.

The total unit price per gallon of fuel will depend upon the individual delivery date, as the index rate fluctuates. The applicable index rate will be the rate in effect on the delivery date.

The contractor shall provide to the Government a receipt for all fuel deliveries. The receipt shall clearly indicate rate and the contractor margin.

Contractor Margin: The Contractor Margin is fixed and includes all markups above the index rate. This includes, but is not limited to: delivery charge (including labor and transportation), overhead, profit, applicable taxes and duties, etc. The margin is fixed and will not fluctuate with changes to the index rate.

Ceiling Price: In accordance with the Description of Service above, the Contractor shall make continuous deliveries on an as-needed basis, but shall not exceed the stated contract ceiling amount per location.

4.3.2 Contract prices shall be firm except that price revisions will be permitted in accordance with the PRICE REVISION CLAUSE set forth in this Group Specification and with respect to certain taxes and duties as follows:

“After-imposed tax” means any new or increased Federal, State and local excise tax or duty, except social security or other employment taxes, on fuel oil purchased under any contract to be awarded hereunder which the contractor is required to pay or bear the burden of as the result of legislative, judicial, or administrative action taking effect after the date of contract award. “After-relieved tax” means any amount of Federal, State and local excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on fuel purchased under any contract to be awarded hereunder which the contractor is not required to pay or bear the burden of, or for which the contractor obtains a refund or drawback, as the result of legislative, judicial or administrative action taking effect after the date of contract award.

4.4 WINTER BLEND AND LOW SULPHUR REQUIREMENTS:

4.4.1 Contractors of No. 2 fuel oil will, during the winter heating season, provide a winter blend consisting of a 50 / 50 mix of No. 2 fuel and kerosene in the tanks listed in paragraph 2.

4.4.2 The invoice for winter blend will show separate pricing for No. 2 and kerosene.

The price for No. 2 fuel oil shall be the contract price and the price for kerosene shall be no greater than the contractor’s prevailing price for kerosene (or, if applicable, contractor’s awarded price for kerosene).

4.4.3 When Low Sulfur Fuel Oil (No. 6) is delivered to Upstate counties as per paragraph 3.1.1, the viscosity range of the initial delivery to a particular destination point shall be indicated by the contractor and this range must be adhered to throughout the contract period unless advance notice is given by the contractor to the end user when changes are made to the range and end user accepts such change. The notice from the contractor shall allow ample time for the end user to make necessary adjustments to equipment. All No. 6 fuel oil supplied through this award shall be low pour (60°F max.)

4.5 SERVICE

4.5.1 Contractor must be prepared, at all times, to furnish engineering/maintenance service, when so requested, and to investigate and report to GSA on any complaint that might arise in connection with the use of vendor’s oils.

4.5.2 This engineering service will include but not be limited to the diagnosis of fuel related problems in the agency's equipment.

4.6 MINIMUM DELIVERY

4.6.1 Minimum delivery shall be not less than 100 gallons into one (1) tank on tank wagon deliveries.

4.6.2 These minimums qualify for contract pricing at vendor’s discretion, including tank top-offs for tank testing. However, in no case shall pricing exceed contractor’s normal retail pricing for purchase of less than 100 gallons, regardless of delivery circumstances. If delivering to same property, same address, but to separate tanks, minimum delivery charge will only be applicable if total delivery to "address" is less than 100 gallons.

4.7 EMERGENCY PURCHASING:

4.7.1 In the event that a disaster emergency is declared by Executive Order, that an emergency exists requiring the prompt and immediate delivery of commodities or services, GSA reserves the right to obtain such commodities or services from any source, including but not limited to this contract, as GSA, in its discretion determines will meet the needs of such emergency.

4.7.2 Contractor shall not be entitled to any claim or lost profits for commodities or services procured from other sources pursuant to this paragraph.

4.8 GUARANTEE AND ENVIRONMENTAL COMPLIANCE:

4.8.1 The contractor guarantees to furnish adequate protection from damage to agency’s building, grounds and/or equipment occurring on account of, or in connection with, or occasioned by, or resulting from the furnishing and delivery of fuel oil under this contract and shall be liable for any damages for which it or its employees are responsible.

4.8.2 This liability includes but is not limited to oil spills occurring during delivery. The contractor shall provide constant surveillance during delivery by having a person in attendance at all times at the point of transfer. Oil spills shall be immediately reported to the agency Business Office to affect contact with a representative of the Oil Spill Bureau.

Twenty-four hours per day, a call can be placed with the New York State Oil Spill Hotline at 1-800-457-7362.

4.8.3 The contractor will have spill kits on hand upon all deliveries and take immediate spill recovery and containment actions required to protect the environment. All shall be done IAW all applicable Federal and State laws and regulations.

4.8.4 Contractor will be liable for all oil/fuel spill recovery costs and all required reparations.

4.9 FILL AND VENT REQUIREMENTS:

4.9.1 GSA must ensure that fill and vent equipment adequately meet NYS Standards.

4.9.2 Fuel Delivery Contractors have the responsibility of reporting faulty equipment to the end users and the appropriate NYS regulatory agencies.

4.10 AUTOMATIC REPLENISHMENT:

4.10.1 The contractor shall maintain a record of the estimated consumption of fuel oil deliveries using the “degree day” or equivalent method, and shall replenish the tank or tanks listed in paragraph 3.1.1 without further notice from GSA, whenever necessary to ensure an adequate supply at all times.

4.10.2 If the contractor permits the level of the fuel oil to fall below the percentages of the total capacity of the purchaser’s tank or tanks indicated in the following table, the purchaser shall have the right to purchase sufficient fuel oil on the open market to fill such tank or tanks and to charge any increase in price paid over the current contract price to the account of the contractor.

4.10.3 MINIMUM LEVEL TOTAL - TANK CAPACITY/GALS

15% - 100 to - 5,500 gallons 20% - 5,501 to 6,700 gallons 25% - 6,701 gallons and over

5. ADDITONAL REQUIREMENTS:

5.1 Invoice Submittals: The contractor shall submit metered tickets for all deliveries to GSA upon completion. The contractor shall coordinate the deliveries to facilitate timely service.

5.1.1 Contractor will deliver said statements to prove that the fuel delivered is in compliance with EPA standards in effect for the type of fuel delivered to the GSA building under this GSA fuel oil contract. Contractors can their bill/form of reporting (such as Bill of Lading/Delivery Ticket) providing the following information is included:

1) Supplier's name and address

2) The date/deliveries covered by the certificate

3) The type of fuel delivered

4) Sulfur content of the fuel

5) Heating value (BTU)

6) A signed statement that the fuel complies with ASTM D396-78-Standard Specifications for fuel oil

7) Deliveries will be tabulated and invoiced once a month providing a separate invoice for each port location

8) Invoice must include location in the invoice title

9) A monthly report of all deliveries must be submitted within two weeks for the Previous month (see appendix 1 for sample).

6. FUEL TESTINGS AND TREATMENT

Contractor shall sample, test and treat ALL generator fuel tanks prior to the winter season. Sampling shall be coordinated with GSA prior.

6.1 These tanks include the following:

Rouses Point Generator Overtons Generator Champlain – all 5 x USTs Chateaugay – Main Generator & Commercial Building Generator Trout River Generator Massena – 2 x USTs Alexandria Bay – 2 x USTs (beginning spring 2020)

6.2 Contractor shall treat (add additives) to fuel as required to maintain optimum performance of our diesel generators.

Appendix

1. Sample Fuel Report

2. Fuel Tank and Filler Locations with Pictures (Press CTRL and click to access link)

Submission of Proposals

A. Offers are requested to submit an electronic proposal to the Contracting Officer.

B. Electronic proposal must be submitted in PDF format.

Offerors are cautioned to make their initial offer their best offer. In accordance with FAR 52.212-1(g) the Government intends to award on the basis of initial offers, but reserves the right to conduct discussions if determined by the Contracting Officer to be necessary.

https://drive.google.com/open?id=1ZVpatJB-Cjt8CQ-qi-IdTjiaZA_6g60_

GSA Solicitation No. 47PC1018R0008

Document: C201-SB LPTA/DEC 2017 (The Solicitation)

Contract for: Fuel and Propane deliveries for Clinton Franklin St Lawrence and Jefferson County

The Solicitation

Notice to Offerors of [Total Small Business Set-Aside

The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement:

52.219-6, Notice of Total Small Business Set .

https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary

(The Solicitation)

Table of Contents

I. General Information A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives

D. Receipt of Offers

II. Proposals A. Proposal Contents B. Proposal Format C. Price Proposal D. Technical Proposal E. Other Information to be Submitted with Proposal

III. General Provisions A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Contractor Performance Information H. Safeguarding Documents Designated as Sensitive But Unclassified

IV. FAR/GSAR Solicitation Provisions

A. FAR 52.216-1 Type Of Contract

B. FAR 52.222-23 Notice of Requirement for Affirmative Action

C. FAR 52.233-2 Service of Protest D. FAR 52.252-1 Solicitation Provisions Incorporated by Reference E. GSAR 552.102 Incorporating Provisions and Clauses by Reference F. Certified Cost or Pricing Data

V. Instructions to Offerors and Clauses A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.219-14 Limitations on Subcontracting https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary

(The Solicitation)

C. FAR 52.223-21, FOAMS (Jun 2016) D. FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 E. Security Requirements F. Additional Clauses

VI. Method Of Award A. Evaluation of Offers – Lowest Price Technically

Acceptable B. Lowest Price Technically Acceptable Process C. Determination of Responsibility D. Price Reasonableness/Price Realism E. Unbalanced Price F. Non Price Factors https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary

(The Solicitation)

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is set-aside for Small Businesses in accordance with FAR 19. This Solicitation sets forth requirements for proposals for a Contract for fuel delivery described in the attached Agreement. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

(2) Neither the Solicitation nor any part of an Offeror's proposal shall be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer.

(3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer.

No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1449 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1449 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

(4) B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

(3) Standard Form (SF) 1449 – Solicitation Offer and Award

(4) The Agreement and Attachments to the Agreement

(5) Other Forms Required For Submission with Proposals

(6) Other Attachments

I.C. Authorized Representatives

The following individuals are designated as the authorized GSA representatives under this Solicitation:

Authorized Representative Information:

Contracting Officer’s Information

Name: Joseph Spado III

Address: 970 Broad Street Newark, NJ 07102

Telephone:

Email:joseph.spado@gsa.gov

Alternate POC Information

Name:

https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary

Authorized Representative Information:

Address:

Telephone:

Email:

I.D. Pre-Proposal Conference

Date:N/A

Time:N/A

Location: N/A https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary

(The Solicitation) https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375

(The Solicitation)

I.H. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 4:30 pm local time on the following date and at the following address.

The Contracting officer will only receive electronic mail delivery of proposals.

Date: 9/25/2018

Address: joseph.spado@gsa.gov

II. Proposals

II.A. Proposal Contents

Proposals shall consist of the following documents, completed and executed in accordance with this Solicitation:

1. Price Proposal

2. Technical Proposal

3. Representations and

Certifications https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary

(The Solicitation)

II.B. Proposal Format

Submit a detailed summary of how your firm will deliver to all locations as described in the Statement of Work.

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1449 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Indicate the Base Contract Price, or if no such distinction is made, the Contract Price, in Block 17 of the SF 1449, which must be fully executed by the Offeror.

(2) Qualifications, Exclusions and Conditions

If the Offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.

(3) Additional Proposal Requirements

N/A

II.D. Technical Proposal

The Technical Proposal shall include the information requested below for the non-price factors described in Section VI.

(1) Experience on Similar Projects

This factor evaluates the extent of the Offeror’s past experience as a firm in providing similar fuel delivery services to determine the firm’s experience in completing the tasks detailed in the Statement of Work.

The Offeror must demonstrate successful experience as a Contractor responsible for the fuel delivery of at least two (2) similar projects substantially completed within the last five (5) years.

A “similar project” is defined as a project that is comparable in nature, type, and complexity as defined by all of the following characteristics:

● Project involved fuel delivery to a comparable number and geographic area size as is currently being proposed.

(2) Key Personnel

This factor evaluates the Offerors’ demonstrated qualifications of the key personnel.

The Offeror must provide a Resume for the following Key Personnel:

● Project Manager responsible for staff delivering fuels to all locations.

https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary

(The Solicitation)

● Quality Control Manager

● Scheduler/Dispacher (Resume must indicate Scheduling Software experience.

All Resumes must include the following information and may not exceed two (2) pages per Resume, and must explain how the proposed Key Personnel’s experience meets the minimum requirements in Section VI.B for this contract:

● Name and title

● Project assignment

● Years experience with this firm.

● Active professional registration, year first registered, if applicable

● List of projects in which the individual has worked to include Name of project(s) and project location(s)

(3) Past Performance of Offeror

This factor considers the past performance of the Offeror, and will be evaluated as part of the responsibility determination.

The Offeror’s past performance record must demonstrate satisfactory performance on at least three (3) comparable projects substantially completed within the last five (5) years. Any proposal which does not demonstrate satisfactory performance on at least three (3) comparable projects substantially completed within the last five (5) years will not considered technically acceptable.

The Offeror must provide a GC Reference Form for each reference (a person or persons who may be contacted regarding the quality of the Offeror’s past performance). The name, title, company name, current address, current phone number, and current fax number for each reference must appear on the form.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in System for

Award Management (SAM), accessed via System for Award Management. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301-SAT).

III. General Provisions

III.A. Availability of Funds

Issuance of this Solicitation does not warrant that funds are presently available for award of a Contract. Award of the contract shall be subject to the availability of appropriated funds, and the Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of contract award.

III.B. Requests for Clarification or Interpretation https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary https://www.sam.gov/

The Government will attempt to answer all requests for clarifications or interpretations of the

Solicitation Documents prior to the date set for receipt of offers, but do not warrant that all such requests will be answered within 5 calendar days. Prospective Offerors should make such requests not less than 5 calendar days prior to the date set for receipt of offers.

III.D. Information Concerning the Disclosure of Solicitation Results

This acquisition is being conducted under the provisions of FAR Part 15 as a negotiated procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will be made available until after award except as provided by FAR 15.503.

III.F. Notice Concerning Preparation of Proposals

Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.

III.G. Contractor Performance Information

(1) Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process.

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is Contractor Performance Assessment

Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

(2) CPARS Registration: Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract

Document: C201-SB LPTA/DEC 2017 (The Solicitation) https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary http://www.sba.gov/ http://www.cpars.gov/ and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

(3) Contractor CPARS Training: Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (CPARS Training) and updated as needed.

(4) Contractor Representative (CR) Role: All evaluations will be sent the Contractor Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award.

Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR has to respond to the evaluation; however, the CR may return the evaluation earlier than this date.

GSA shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file.

III.H. Safeguarding Documents Designated as Sensitive But Unclassified

Certain information contained in the Solicitation Documents may have been designated as Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information, as set forth in the provision “Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information.

IV. FAR/GSAR Solicitation Provisions https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary https://www.cpars.gov/webtrain.htm

IV.C. FAR 52.216-1 Type of Contract (APR 84)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

52.222-43 -- Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts).

As prescribed in 22.1006(c)(1), insert the following clause:

Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018)

(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements.

(b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(c) The wage determination, issued under the Service Contract Labor Standards statute, (41 U.S.C.

chapter 67), by the Administrator, Wage and Hour Division, U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract. If no such determination has been made applicable to this contract, then the Federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract.

(d) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect the Contractor’s actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of:

(1) The Department of Labor wage determination applicable on the anniversary date of the multiple year contract, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour;

(2) An increased or decreased wage determination otherwise applied to the contract by operation of law;

or

(3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

(e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (d) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers’ compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit.

(f) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the Contracting Officer. The Contractor shall promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract), and any relevant supporting data, including payroll records, that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price, contract unit price labor rates, or fixed hourly rates shall be modified in writing.

The Contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date.

(g) The Contracting Officer or an authorized representative shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor until the expiration of 3 years after final payment under the contract.

(End of Clause) https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary http://www.dol.gov/ofccp/TAguides/TAC_FedContractors_JRF_QA_508c.pdf

(The Solicitation) https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273

(The Solicitation)

IV.H. FAR 52.233-2 Service of Protest (SEP 06)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at the address provided in the provision “Receipt of Offers” in Section I (General Information).

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

IV.I. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 98)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

Federal Acquisition Regulation

NUMBER TITLE DATE

52.214-34 Submission of Offers in the English Language

APR 91

https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 https://www.acquisition.gov/far/current/html/FormsStandard62.html#wp1177057 https://www.acquisition.gov/far/current/html/FormsStandard62.html#wp1177057 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://www.acquisition.gov/comp/far/index.html

(The Solicitation)

V. Instructions and Clauses

V.A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition (Jan 2017)

(a) Definitions. As used in this provision.

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show.

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary

(The Solicitation)

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and.

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award.

Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225- 17, Evaluation of Foreign Currency Offers, is included in the solicitation.

https://easi.pbs.gsa.gov/suite/tempo/records/item/lIBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DVMMFxwlGucBEmwdQTZ8ZLyIPWbtPln6E8CX0/view/summary https://www.acquisition.gov/far/html/52_215.html#wp1144511 https://www.acquisition.gov/far/html/52_223_226.html#wp1169636 https://www.acquisition.gov/far/html/52_223_226.html#wp1169636

(The Solicitation)

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall.

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed.in whole or in part.for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of.or in connection with.the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to…