70RDAD19R00000002.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

DHS/OPO/DEPT.OPS

Washington DC 20528-0115

245 Murray Lane, SW, #0115 Dept. Operations Acquisition Div.

Office of Procurement Operations U.S. Dept. of Homeland Security

CODE 16. ADMINISTERED BYCODE

X

X

424710

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORDHS/OPO/DEPT.OPS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/17/2019 1300 ES

04/25/2019

202-447-0163Donald Nusbaum (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70RDAD19R00000002

5. SOLICITATION NUMBER

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

1 67 RUAS-19-00013OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

ATTN: Donald Nusbaum 202-447-0163

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Washington DC 20528-0115 ATTN: Donald Nusbaum 202-447-0163 245 Murray Lane, SW, #0115 Dept. Operations Acquisition Div.

Office of Procurement Operations

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

U.S. Dept. of Homeland Security

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The purpose of this Request for Proposal (RFP) is to provide Emergency Fuels and Services for the Department of Homeland Security (DHS) Office of the Chief Readiness Support Officer (OCRSO) and DHS Components with the exception of the Federal Emergency Management Agency (FEMA). The contract type will be awarded as a DHS Wide Multiple Award Indefinite Delivery Indefinite Quantity (IDIQ) Contract. The Contract type will be a Hybrid Firm-Fixed Price (FFP),FFP with Economic Price Adjustment (FFP EPA), and Cost-Reimbursement

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Ronald Jean-Baptiste

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

(CR). This RFP is being solicited through unrestricted full and open competition.

Period of Performance: 07/02/2019 to 07/01/2024

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

67 2 of

Request for Proposal 70RDAD19R00000002

DHS Emergency Fuels and Services Page 3 of 67

SECTION I - SUPPLIES OR SERVICES AND PRICE/COSTS

1.0 CONTRACT TYPE

This will be a multiple award Indefinite-Delivery-Indefinite-Quantity (IDIQ) Contract. The types of Task

Orders (TO) that will be issued against this IDIQ may be Firm-Fixed Price (FFP), Cost-Reimbursement

(CR), Firm-Fixed Price Economic Price Adjustment (EPA) or a combination/hybrid of these three (3) contract types, in accordance with Federal Acquisition Regulation (FAR) Part 16.5, Indefinite-Delivery

Contracts. The FFP, CR, and EPA Contract Line Item Numbers (CLIN) will be established/awarded at the

IDIQ level and will be identified as such in the resultant contract.

This Contract will be issued in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items and FAR Part 15, Contracting by Negotiation for the Department of Homeland

Security. The purpose of this acquisition is to obtain emergency fuels and services, during a federal emergency and or major disaster, for which assistance is needed to prevent loss of life, human suffering, loss of income, property loss and damage at any DHS locations within the continental United States

(CONUS) including East, West, and Gulf Coasts, and outside continental U.S. (OCONUS) including

Alaska, Hawaii, and its territories (Puerto Rico, Guam, American Samoa, U.S. Virgin Island, and Northern

Mariana Islands).

The Northern American Industry Classification Industry (NACIS) code for this requirement is 424710

Petroleum Bulk Stations and Terminals.

2.0 PRICING

2.1 CLIN 0001 Dispensing Fuel via CONUS (Firm-Fixed Price)

The contract type for CLIN 0001 shall be Firm-Fixed Price. Pricing shall be multiplied by the number of days requested at the Task Order Level with the Daily Rate of dispensing fuel at CONUS locations in accordance with the contractor’s Attachment C: DHS Emergency Fuels and Services

Pricing Table.

2.2 CLIN 0002 Dispensing Fuel via OCONUS (Firm-Fixed Price)

The contract type for CLIN 0002 shall be Firm-Fixed Price. Pricing shall be multiplied by the number of days requested at the Task Order Level with the Daily Rate of dispensing fuel at

OCONUS locations in accordance with the contractor’s Attachment C: DHS Emergency Fuels and

Services Pricing Table.

2.3 CLIN 0003 Transportation (Firm-Fixed Price)

The contract type for CLIN 0003 shall be Firm-Fixed Price. Pricing shall be multiplied by the number of days requested at the Task Order Level with the Daily Rate of transportation of the fuels being requested at the Task Order Level from the point of fuel extraction (ex: Refinery, Terminal, Wholesaler, etc.) to the dispensing site specified at the Task Order Level. The daily rates for transportation of fuels shall be in accordance with the contractor’s Attachment C: DHS Emergency

Fuels and Services Pricing Table.

DHS Emergency Fuels and Services Page 4 of 67

2.4 CLIN 0004 Equipment (Firm-Fixed Price)

The contract type for CLIN 0004 shall be Firm-Fixed Price. Pricing shall be multiplied by the number of days requested at the Task Order Level with the Daily Rate for the specific equipment being used in accordance with the equipment specified in the contractor’s Attachment C: DHS

Emergency Fuels and Services Pricing Table.

2.5 CLIN 0005 Travel (Cost-Reimbursement)

The contract type for CLIN 0005 shall be Cost-Reimbursement. Travel shall only be billed at cost in accordance with the Joint Travel Regulations. No contractor profit/fee or markups (such as material handling fee) shall be billed to the Government. If travel is specified at the Task Order

Level, airfare, and/or local mileage, per diem rates by total days, number of trips and number of contractor employees traveling shall be included in the price proposal at the Task Order Level.

2.6 CLIN 0006 Fuel (Firm-Fixed Price with Economic Price Adjustment)

The contract type for CLIN 0006 shall be a Firm-Fixed Price with Economic Price Adjustment. The quantity of fuel requested (per gallon) by DHS Components will be multiplied against the Adjusted

Price for all fuels listed under Attachment A: DHS Fuels Product List.

The Adjusted Price (per gallon) shall be calculated using the following algebraic formula:

MARKUP PRICE + OPIS CURRENT MARKET PRICE = ADJUSTED PRICE

ADJUSTED PRICE × QUANTITY = AMOUNT INVOICED

Definitions for the terms in the above algebraic formula:

ADJUSTED PRICE is the price per gallon calculated by adding the Markup Price, less any discounts proposed at the Task Order Level, to the weekly OPIS Current Market Price.

MARKUP PRICE is the contractor’s ratio between the cost of fuel and the OPIS Current Market Price. This

Markup price is expressed as a firm-fixed price dollar amount established at the IDIQ Contract and shall not be exceeded. The Markup Price shall include all costs (ex: overhead and profit) associated with purchasing fuels and doing business with the Department of Homeland Security.

OPIS CURRENT MARKET PRICE is the OPIS variable price corresponding to the average price per gallon

(branded & unbranded) as determined weekly during the contract performance period using that OPIS weekly report for the region where fuel being obtained. The week used for the average price per gallon (branded & unbranded) will be specified at the Task Order Level.

QUANTITY is the amount of fuel per gallon dispensed throughout the period of performance at the Task Order

Level (See Attachment A: DHS Fuels Product List).

DHS Emergency Fuels and Services Page 5 of 67

SECTION II - STATEMENT OF OBJECTIVES (SOO)

Department of Homeland Security (DHS) Office of the Chief Readiness Support Officer (OCRSO)

DHS Emergency Fuels and Services

1.0 BACKGROUND

The Department of Homeland Security (DHS) has vital missions to prevent terrorism and enhance security;

secure and manage our borders; enforce and administer our immigration laws; safeguard and secure cyberspace; and strengthen national preparedness and resilience. Within that mission space, DHS provides a coordinated, comprehensive federal response in the event of a terrorist attack, natural or man-made disaster, or other large-scale emergency while working with federal, state, local, and private sector partners to ensure a swift and effective recovery effort. DHS Components need the capability to perform its mission essential functions under all emergency conditions and have reliable access to mission essential commodities. As such, hurricanes, other natural and man-made disasters often leave behind massive destruction to local infrastructure and commercial fueling capability (e.g., retail gas stations). During such disasters, temporary disruptions to normal petroleum supply creates a complex set of challenges that requires immediate emergency response to make up for the loss of electricity, and the interruption to the normal fuel supply chain.

2.0 SCOPE

The intent of this Statement of Objectives (SOO) is to secure all needed fuel types – where, when, and how they are needed, during emergency situations and conditions. The needed fuel products, service, and logistics require recurring daily activities during a federal emergency and or major disaster, for which assistance is needed to prevent loss of life, human suffering, loss of income, property loss and damage at any DHS locations within the continental United States (CONUS) including East, West, and Gulf Coasts, and outside continental U.S. (OCONUS) including Alaska, Hawaii, and its territories (Puerto Rico, Guam, American Samoa, U.S. Virgin Island, and Northern Mariana Islands). Examples of activities to be performed include but are not limited to:

2.1 Procurement, transporting, and dispensing of various fuel product types (See Attachment A: DHS

Fuels Product List.

2.2 The capability to communicate without interruption during extreme weather events, such as satellite communications capability (Internal and external communications).

2.3 Ability to provide temporary fuel storage at the DHS emergency location for an undefined time period.

2.4 Provide daily fuel quantity needs (In gallons per day, by type) at each site to ensure sufficient fuel supply needs. This will include estimating the various type fuel needs for vehicles (air, land, marine), support equipment, transportation requirements, and generators. Compute fuel consumption calculations every 24 hours.

2.5 Ensure proper flow and pumping of fuels in extreme weather conditions (Hot, cold, windy, or rainy weather) including the ability to pump from underground tanks into generators, heaters and tanks, even when electricity supply is inoperative.

2.6 Perform and report fuel quality assurance testing.

DHS Emergency Fuels and Services Page 6 of 67

2.7 Maintain and provide fuel records, logs, fuel inventory, rate of consumption reports (this may be requested weekly and daily)

2.8 Provide an actual spend report weekly, detailing all charges for fuel, personnel, services, and equipment.

2.9 Provide a monthly invoice detailing all billable expenses for fuel, personnel, services, and equipment.

2.10 Provide an operational status of your personnel and equipment (this may be requested weekly and daily).

2.11 Provide personnel transportation to and from the area of operations.

2.12 Operate, maintain, and repair associated fueling equipment and maintain appropriate licensing for:

2.12.1 Fuel and the transportation of fueling equipment.

2.12.2 Fuel filtration and purification as needed to meet industry standards.

2.12.3 Clearing road and debris, as needed.

2.13 Provide all management, supervision, personnel, supplies, materiel and equipment necessary to provide fuel (See Attachment A: DHS Fuels Product List) and have the capability to dispensing the fuel via ground, air, and marine vehicles, facilities, generators, and miscellaneous equipment as deemed necessary by DHS and its Components.

2.14 Ability to provide fuel deliveries, equipment, and services at any DHS location within the continental United States (CONUS) including East, West, and Gulf Coasts, and outside continental

U.S. (OCONUS) including Alaska, Hawaii, and its territories (Puerto Rico, Guam, American

Samoa, U.S. Virgin Island, and Northern Mariana Islands).

2.15 Respond to the emergency DHS site, with fuel deliveries, equipment, and services within 48 hours

CONUS and 72 hours OCONUS from the first notification by DHS or its Components.

2.16 Provide qualified personnel to perform the objectives as stated within this SOO, to include:

2.16.1 Properly licensed and certified drivers for transportation of fuel to/from DHS sites.

2.17 Provide other equipment (rent and/or procure) as needed, to perform the fuel logistics as emergency conditions warrant for mobilization, sustainment, and demobilization of fueling activities.

2.18 Provide a mobilization and demobilization plan for fuel, personnel, and equipment.

2.18.1 Provide an execution plan to mobilize to the DHS emergency location, within 30 days of award.

2.18.2 Provide a demobilization plan to remove all unused fuel, personnel, and equipment immediately following notification by DHS and/or its Components.

2.19 Ability to provide security for your assets, without assistance from DHS.

DHS Emergency Fuels and Services Page 7 of 67

2.20 The Department of Homeland Security will not provide any housing or food to contractor personnel.

3.0 Quality Assurance Plan

The contractor will be expected to develop and establish a Quality Assurance Plan (QAP) that will included but not limited to quality, safety, security, and testing requirements.

DHS Emergency Fuels and Services Page 8 of 67

SECTION III –PACKAGING AND MARKING

1.0 MARKING AND DELIVERY

The Indefinite Delivery Indefinite Quantity Contracting Officer Representative (IDIQ COR) and the Task

Order Contracting Officer Representative (TO COR) will approve the method in which Report Deliverables are to be submitted and marked for delivery by the contractor. Report Deliverables may be required to be submitted electronically and in hard copy. At a minimum, all Reports/Deliverables should reference the

Indefinite Delivery Indefinite Quantity number and the Task Order number (if applicable) for reference.

2.0 BRANDING

The contractor shall comply with the requirements of any DHS Branding and Marking policies. As a matter of law, Federal criminal statutes prohibit unauthorized uses of the DHS seal. In addition, DHS policy prohibits granting authorization for certain commercial uses of the seal. It is permissible to reference DHS in materials if the reference is limited to true, factual statements. The words DHS and/or Homeland

Security should appear in the same color, font, and size as the rest of the text in the document. Moreover, such references shall not imply in any way an endorsement by DHS of a product, company, or technology.

Requests to use the DHS seal shall be submitted using DHS Official Seal Usage Approval, available from the COR. The Comments section shall be used to describe why use of the seal is being requested, and how it shall be used. Completed forms shall be sent via e-mail to Branding@hq.dhs.gov, DHS Communication

Operations Editor, and to the CO, with a copy to the COR.

mailto:Branding@hq.dhs.gov

DHS Emergency Fuels and Services Page 9 of 67

SECTION IV – INSPECTION AND ACCEPTANCE

Inspection and acceptance of products and services shall be performed by a duly authorized Government representative identified in at the Task Order Level.

DHS Emergency Fuels and Services Page 10 of 67

SECTION V – DELIVERIES OR PERFORMANCE

1.0 AUTHORIZED USERS

This Department-Wide Acquisition Contract is mandatory for use by the DHS and its Components in accordance with DHS Directive 060-01, Development and Use of Strategic Sourcing Contracting Vehicles, dated 8/24/12 with the exception of the Federal Emergency Management Agency (FEMA). FEMA is not eligible to place orders against this DHS-Wide Multiple Award IDIQ.

2.0 MINIMUM DOLLAR AND MAXIMUM CONTRACT LIMITATION

(a) Minimum. The minimum guaranteed award amount for this IDIQ contract is $100.00 per contractor.

Orders beyond the minimum will be determined by user needs. The exercise of the option period does not re-establish the contract minimum.

(b) Maximum. The maximum cumulative dollar ceiling value of all contracts in this multiple award procurement is established at $45 million.

(c) The Government has no obligation to issue TOs to the contractor beyond the amount specified in subparagraph (a) of this clause. Once the conditions of subparagraph (a) have been met, the contractor will continue to have the opportunity to be issued TO(s) under the Fair Opportunity to Compete provisions in

Section VI, Contract Administration Data.

3.0 PERIOD OF PERFORMANCE

The term of this DHS-Wide Multiple Award IDIQ contract is a five (5) years, with a one (1) year base period and four (4) one-year option periods. Task orders may be issued at any time during the base and/or option period. The performance periods will be specified in the task orders and may include option periods which extend task orders up to twelve (12) months beyond the expiration date of this contract.

4.0 TASK ORDERS PERFORMANCE PERIOD AND PRICING

Task orders may be issued at any time during the base and/or option periods. The performance period will be specified in the TO and may include option periods which enable a TO period of performance up to twelve (12) months beyond the expiration date of this contract. Task orders shall be priced using the rates provided in their price proposal (See Section IX Subsection 2.4.1 of this solicitation) which will be applicable to the task order’s anticipated period of performance. Task orders shall not exceed the rates provided in their IDIQ contract price proposal excluding established rates in accordance with Firm-Fixed-

Price Economic Price Adjustments.

5.0 PLACE OF PERFORMANCE

Based on the contingency requirements, the services may be required at any DHS location within the continental United States (CONUS) including East, West, and Gulf Coasts, and outside continental U.S.

(OCONUS) including Alaska, Hawaii, and its territories (Puerto Rico, Guam, American Samoa, U.S. Virgin

Island, and Northern Mariana Islands).

DHS Emergency Fuels and Services Page 11 of 67

6.0 HOURS OF OPERATION

Hours of operation will be specified at the Task Order level. There may be occasions when contractor employees shall be required to work other than normal business hours, including weekends and holidays, to fulfill requirements under the Statement of Objectives.

7.0 DELIVERABLES AND DELIVERY SCHEDULE

All deliverables shall reference the IDIQ Contract number and the Task Order number. The contractor shall ensure that the Government will review all final deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance with government policies, regulations, laws, and directives. Written documents shall be concise and clearly written.

7.1 Final documentation deliverables shall be provided in hard and soft copy using MS Office products as specified below. Daily, weekly, interim, informal deliverables and working-copy products may be provided by e-mail.

7.2 All DHS training materials (visual, digital, or print) shall use official DHS branding in accordance with DHS office of Public Affairs Brand and Identity Program Policy (See Section III Subsection

2.0 of this solicitation). Use of contractor branding and logos shall only be used with permission from the DHS COR and shall not be used in conjunction with the DHS branding.

7.3 The contractor, or contractor’s carrier shall distribute items directly from the contractor or contractor’s facility to the address(es) specified by the requesting organization at the time of order.

Delivery instructions of DHS Emergency Fuels and Services will be specified at the Task Order level.

All direct distribution orders shall specify:

Attn: DHS Emergency Fuels and Services

Name of receiving organization

Point of contact: name, phone number

Normal delivery hours: Time XX - XX Monday - Friday

Address

City, State, zip code

7.4 Additional deliverables may be required at the Task Order Level.

8.0 DELIVERABLE TABLE

Additional deliverables and an extended deliverable table shall be established in the contractor’s proposed

Performance Work Statement.

Item

SOW

Reference Deliverable Due By

Recipient of

Deliverable

1 Section VII Paragraph 9.0 Post Award Conference

10 business days after contract award.

To Be Determined

DHS Emergency Fuels and Services Page 12 of 67

SECTION VI - CONTRACT ADMINISTRATION DATA

1.0 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data for obligations under the contract will be set forth at the individual Task

Order level.

2.0 PRIMARY GOVERNMENT ROLES AND RESPONSIBILITIES

The following subsections describe the roles and responsibilities of individuals and/or authorized users who will be the primary Points of Contact (POC) for the Government on matters regarding contract administration as well as other administrative information. The Government reserves the right to unilaterally change any of these individual assignments at any time.

2.1 Government Personnel

2.1.1 Contract Specialist (CS) – IDIQ Level CS

Donald Nusbaum

Department of Homeland Security (DHS)

Office of Procurement Operations (OPO)

Departmental Operations Acquisition Division (DOAD)

245 Murray Drive, #0115

Washington, DC 20528-0115

Phone Number: (202) 447-0163

E-mail: Donald.Nusbaum@hq.dhs.gov

2.1.2 Contracting Officer (CO) – IDIQ Level CO

Ronald Jean-Baptiste, Contracting Officer

Department of Homeland Security (DHS)

Office of Procurement Operations (OPO)

Departmental Operations Acquisition Division (DOAD)

245 Murray Drive, #0115

Washington, DC 20528-0115

Phone Number: (202) 447-5705

E-mail: Ronald.Jean-Baptiste@hq.dhs.gov

The warranted IDIQ Level CO is the only person authorized to issue modifications to this IDIQ contract. If the contractor makes any Contract changes at the direction of any person other than a warranted IDIQ Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the Contract to cover any increases in charges that may result. The IDIQ Contracting Officer has the authority to perform any and all post-award functions in administering and enforcing the IDIQ Contract in accordance with its terms and conditions.

mailto:Donald.Nusbaum@hq.dhs.gov mailto:Ronald.Jean-Baptiste@hq.dhs.gov

DHS Emergency Fuels and Services Page 13 of 67

2.1.3 Contracting Officer Representative (COR) – IDIQ Level COR

The COR within the Office of Chief Readiness Support Officer is responsible for the receipt and acceptance of the contract-level deliverables and reports and past performance reporting for this

IDIQ contract. The COR supports the CO in the general management of the program.

Name: TBD

U.S. Department of Homeland Security

245 Murray Drive, TBD

Washington, DC 20528-TBD

Phone Number: TBD

E-mail: TBD

2.1.4 Task Order Contracting Officer (TO CO) – Task Order Level

Supplies and services will be ordered via Task Orders will be issued by warranted Contracting

Officers, with the exception of those from FEMA, within their warrant authority following the ordering procedures set forth in Section VI Paragraph 4.0 Task Order Placement Procedures.

2.1.5 Task Order Contracting Officer Representative (TO COR) – Task Order Level

TO COs may designate CORs for individual TOs that will be responsible for the day-to-day coordination of the Task Order.

The TO COR will represent the TO CO in the administration for technical details within the scope of the Task Order. The TO COR is also responsible for the final inspection and acceptance of all Task

Order deliverables and reports, and such other responsibilities as may be specified in the Task Order.

The TO COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the TO CO for the Government. The TO COR does not have authority to alter the contractor’s obligations or to change the TO specifications, price, terms and conditions. If, as a result of technical discussions, it is desirable to modify Task Order obligations or the specification, changes will be issued in writing and signed by the TO CO.

2.2 Contractor Point of Contact

Name: TBD Address: TBD

Phone Number: TBD

Email: TBD

3.0 ORDERING-BY DESIGNATED ORDERING OFFICIAL

The Government will order any supplies and services to be furnished under this contract by issuing TOs on

Optional Form 347, or an agency prescribed form, from the effective date of the contract through the expiration date of the contract. All warranted DHS COs, with the exception of those from FEMA, are considered designated ordering officials for this IDIQ.

DHS Emergency Fuels and Services Page 14 of 67

3.1 Direct Ordering

Emergency fuels and services shall be ordered by the issuance of Task Orders in accordance with

Section VI Paragraph 4.0 Task Order Procedures and FAR Part 52.216-18, Ordering. All warranted

DHS Contracting Officers, with the exception of those from FEMA, may directly place orders under the contract to obtain services for their Component. Ordering offices will be responsible for the issuance, administration, payment, and closeout of the order. All orders are subject to the terms and conditions of this contract. In the event of conflict between an order and this contract, the contract shall prevail.

Under no circumstances, will a TO change the requirements of this IDIQ contract. Should the

Contract User require such a change, specific approval shall be first obtain from the IDIQ Level CO.

Only Firm-Fixed-Priced, Labor-Hour, Time-and-Materials, FFP Economic Price Adjustment (EPA) or a combination/hybrid of these four (4) are the only task order types that can be awarded/issued under this IDIQ.

4.0 TASK ORDER PLACEMENT PROCEDURES

The contractor’s fuels and services shall be obtained on an as-needed basis (i.e. through the issuance of

TOs). The contractor shall perform the required effort for these supplies and services, both within and outside the United States, throughout the term of the contract. An individual TO will include the appropriate

CLINs. TOs will identify the fuels and services required, provide specific technical details (including the schedule for all deliverables and the identification of any applicable Government-Furnished Property (GFP) if applicable) and activate performance.

4.1 Fair Opportunity Process

The TO CO will solicit proposals from all contractors through a solicitation that will include, at a minimum, the following information:

(a) RFP/RFQ number;

(b) Date of Task Order Request Package (TORP);

(c) End User Customer Agency;

(d) Statement of Objectives (SOO), Statement of Work (SOW) or Performance Work Statement

(PWS) with applicable Section VIII clauses requiring fill in by TO CO.;

(e) Instructions for submission of technical and cost/price proposals;

(f) Evaluation criteria and relative order of importance (if applicable);

(g) Incumbent contractor, if any;

(h) Contracting organization POC: name, phone number and e-mail address (TO CO and Contract

Specialist);

(i) Proposal/Quotation Due Date; and

(j) Organizational Conflict of Interest Certification Instructions.

DHS Emergency Fuels and Services Page 15 of 67

4.2 Fair Opportunity Exceptions

In accordance with the Federal Acquisition Streamlining Act (FASA) and FAR Part 16.505(b), Orders under Multiple Award Contracts, the TO CO will provide all awardees a “fair opportunity” to be considered for each order in excess of $3,500, unless one of the conditions below applies:

(a) The agency need for such services is so urgent that providing a fair opportunity would result in unacceptable delays.

(b) Only one awardee is capable of providing the supplies and/or services required and quality of services at the required level because the services ordered are unique or highly specialized.

(c) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to a Task Order already issued under this contract, provided that all awardees were given a fair opportunity to be considered for the original order (see “Note” below).

(d) It is necessary to place an order to satisfy a minimum guarantee.

If an exception to Fair Opportunity applies, the TO CO prepares a justification based on the exception listed at FAR 16.505(b)(2)(i), subject to approval and posting as specified in FAR

16.505(b)(2)(ii)(C) and (D), respectively. The TO CO will forward a copy of the exception to Fair

Opportunity explanation to the IDIQ Level CO and IDIQ Level COR.

Note: If the order is a follow-on to a TO that was not issued under this IDIQ, or is a TO for which this IDIQ awardees were not given the opportunity to compete, the logical follow-on exception

CANNOT be used.

4.3 Task Order Solicitation Process

(a) The Contract User will submit a complete Task Order Request Package (TORP) to the TO CO in accordance with local procedures. The package should include a transmittal letter, an approved purchase request, requirements documentation (SOO, SOW, or PWS), Independent Government

Cost Estimate (IGCE) and Acquisition Plan (AP), if applicable. Individual TOs must clearly describe all supplies to be delivered and/or all services to be performed. The TORP package will also include price/cost and evaluation factors.

Note: Compliance with DHS review, approval, and compliance with component policies and procedures (e.g. Acquisition Management Directives and Acquisition Program Reviews) will generally occur prior to submission of the TORP to a TO CO.

(b) The TO CO will issue a proposal request to all contractors under the appropriate IDIQ CLINs, as applicable, unless a fair opportunity exception applies. The proposal request will include a due date for proposal submission and requirements documentations (SOO, SOW or PWS) that will include either the Government’s objectives or a detailed description of work to be accomplished, the applicable task areas, a listing of the deliverables required and any additional data, as appropriate.

The proposal request will also include specific instructions for the submission of proposals, selection criteria factors, the factors’ order of importance and other information deemed appropriate.

Note: Users are encouraged to use streamlined and simplified requirements when conducting competitions and to avoid the use of complex source selection procedures to the maximum extent practicable.

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(c) Contractors will be provided an adequate time to prepare and submit responses based on the estimated dollar value and complexity of the proposed TO. The due date will be set forth in each proposal request. If unable to perform a requirement, contractors shall submit a “no bid” justification in response to the proposal request. All no bid justifications shall include a brief statement as to why the contractor is unable to perform, i.e. conflict of interest. This notification shall be submitted to the

TO CO by the proposal due date. The Government expects full participation of all DHS Emergency

Fuels and Services contractors. If the Government determines that contractors are not actively participating in the DHS Emergency Fuels and Services program, those contractors’ options may not be exercised.

(d) Technical Proposals: The proposal request will state whether an oral proposal is required in addition to, or instead of, written technical proposals. Responses will be streamlined and succinct, to the extend practical based on the estimated dollar value and complexity of the work, stating compliance of exception to requirements, risks, assumptions and conflict of interest issues.

Responses will not be a proposal as defined in FAR Part 15, Contracting by Negotiation, by only sufficient information to be considered in accordance with FAR Part 16, Types of Contracts.

(e) Cost/Price Proposals: A written cost/price proposal shall always be required. This part of the proposal shall include detailed cost/price amounts of all resources required to accomplish the task, (i.e., delivery, installation, operation and maintenance services, etc.). The proposal shall identify and justify use of all non-labor cost elements. It shall also identify any Government Furnished

Information (GFI) required for TO performance. If travel is specified in the TO statement of work, airfare and/or local mileage, per diem rates by total days, number of trips and number of contractor employees traveling shall be included in the cost proposal.

For noncompetitive Task Order awards in excess of $700,000.00, the TO CO will require certified cost or pricing data in accordance with the FAR 52.215-20, Requirements for Certified Cost or

Pricing Data or Data Other Than Certified Cost or Pricing Data. In any case, proposed rates for

TOs shall not exceed the ceiling rate established in the contract.

For Task Orders, the quantity of each item or labor category ordered will be multiplied against the prices and rates specified in the contractor’s price, or as negotiated if lower prices and/or rates are proposed for the TO; and the cumulative extended total of all items ordered will define the FFP an/or FFP EPA price for the TO. Cost Reimbursable, if applicable, may be estimated for each TO.

Any amounts negotiated for travel and materials will be added to the extended price of all ordered items to arrive at the total fixed price for the TO.

(f) Evaluation of TO Proposals: Proposals will be evaluated in accordance with the evaluation criteria set forth in the TORP. The Government’s award decision may include compliance with

Section 508 requirements for the Rehabilitation Act, and selection criteria which addresses past performance, technical approach/capability, management approach, and cost. Among other sources, evaluation of past performance will be based on a database built from past performance assessments provided by TO CORs on individual TOs performed throughout the life of the contract (See Section

IX Paragraph 2.0). In addition to past performance, technical capability/approach, management approach, and cost/price, individual TO selection criteria may include other factor(s) relevant to the particular requirement. The order of importance for the factors will be identified in each individual

TORP. If necessary, during the evaluation of proposals, the Government may contact a contractor with questions concerning its proposal. Upon completion of evaluations, the TO CO may issue a

Task Order to the contractor whose proposal is the best value to the Government.

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(g) Award Recommendation Documentation: After completion of the evaluation, discussions, if any, and Best Value analysis, the TO CO/TO COR shall prepare a complete award recommendation package to document the selection process and to serve as evidence that the fair opportunity to be considered rule was applied, unless an exception was taken under FAR Part 16.505(b)(2), Exceptions to the fair opportunity process. At a minimum, it shall include:

(1) A statement indicating whether announcement of the TO requirement was made to all contractors eligible for receiving an award for the task requirement or if an exception to the a fair opportunity to be considered rule was cited (cite the exception);

(2) The selection criteria/methodology used to evaluate the competing contractors;

(3) The results of the evaluation; and

(4) The rationale for the recommendation of the TO awardee, including a summary of any negotiations conducted, cost/price analysis and best value analysis.

(h) Resolution of Issues: In the event issues pertaining to a proposed task cannot be resolved to the satisfaction of the TO CO, the TO CO reserves the right to withdraw and cancel the proposed task.

In such event, the contractor shall be notified in writing of the TO CO’s decision.

(i) Task Order Issuance: TOs may be issued by e-mail, regular mail or facsimile using an Optional

Form 347, or an agency prescribed form. TOs issued shall include, but not be limited to the following information (when applicable):

(1) Date of order;

(2) Contract and order number;

(3) Appropriation and accounting data;

(4) Description of the services to be performed;

(5) Description of end item(s) to be delivered;

(6) Contract Data Requirements List;

(7) The individual responsible for inspection/acceptance;

(8) Period of performance/delivery date;

(9) List of Government furnished equipment and material.

(j) Task Order Closeout: TO COs is responsible for the overall administration and the final closeout of the task order.

5.0 MODIFICATION OF ORDERS

Pricing for each TO may not be changed except when authorized by a modification to the TO signed by the

Contracting Officer.

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6.0 GOVERNMENT HOLIDAYS

Holidays observed by the Federal Government:

New Year's Day 1 January

Martin Luther King's Birthday Third Monday in January

President's Day Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day 4th Thursday in November

Christmas Day 25 December

If a holiday falls on Sunday, the following Monday will be observed as the legal holiday.

When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also included would be any day specifically declared by an Executive Order from President of the

United States of America as a national holiday.

It is understood and agreed between the Government and the contractor that observance of such days by

Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement to compensation except as set forth within this IDIQ contract. If the contractor believes that an unplanned absence has an impact on the price or period of performance, it should notify the Contracting

Officer (Also see Section V, Paragraph 6.0).

7.0 TASK ORDER OMBUDSMAN

7.1 In accordance with FAR Part 16.505(b)(8), the Task Order Ombudsman has the responsibility to review contractor complaints and ensure that all contractors are afforded a fair opportunity to be considered for each task order, consistent with the ordering procedures in the contract.

7.2 The Component Task Order Ombudsman is responsibility for reviewing complaints from contractors on task and delivery orders, and if any corrective action is needed, shall provide a written determination of such action to the Task Order Contracting Officer.

7.3 Issues that cannot be resolved within the Component shall be forwarded to the DHS Task Order

Ombudsman for review and resolution. The DHS Task Order Ombudsman is also the DHS

Competition Advocate.

7.4 The contractor should contract the component HCA with any complaint regarding a TO issued by a non-DHS procurement office on behalf of a DHS component.

7.5 The complete list of Ombudsman can be found on DHS Open for Business at:

http://www.dhs.gov/xopnbiz/regulations/gc_1204658767888.shtm.

http://www.dhs.gov/xopnbiz/regulations/gc_1204658767888.shtm

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SECTION VII – SPECIAL REQUIREMENTS

1.0 PROOF OF DELIVERY

The contractor shall maintain detailed records of ordering invoicing, shipping and delivery of materials

The contractor shall provide full documented proof of delivery, including all invoices. The documentation shall be legible, indicating the delivery date and quantity delivered.

Documentation for each proof of delivery shall be signed by an authorized Government representative at the receiving location to ensure ownership is taken by the Government at the DHS facility location.

2.0 INVOICES

Invoices shall be prepared in accordance with FAR Clause 52.212-4 Contract Terms and Conditions

Commercial Items. In addition to invoice preparation as required by the FAR, the contractor shall submit an invoice as specified at the Task Order level.

3.0 PERSONNEL QUALIFICATIONS

The contractor shall be responsible for employing technically qualified personnel to perform the work specified in this statement of objectives. The contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the government’s specifications and requirements. The work history of each contractor employee shall contain experience directly related to work he/she is required to perform under this Contract.

The Government reserves the right, during the life of this contract and task order, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements;

additionally, the government reserves the right to review and approve resumes of contractor personnel proposed to be assigned to this contract and task order.

In addition, the contractor shall have the demonstrated ability to recruit a wide variety of subject matter experts in relevant fields, retain their services, and productively engage them in support of government requirements.

4.0 DISCLOSURE OF INFORMATION - OFFICIAL USE ONLY

Each officer or employee of the Contractor or Subcontractor at any tier to whom “Official Use Only” information may be made available or disclosed shall be notified in writing by the contractor that “Official

Use Only” information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such “Official Use Only” information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 United States Code (U.S.C.) Sections 641 and 3571. Section 641 of 18 U.S.C. provides, in pertinent part, that whoever knowingly converts to his use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to convert it to his use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine or imprisoned up to ten (10) years or both.

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Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with DHS MD 11042.1, Safeguarding Sensitive but Unclassified (For Official Use Only)

Information. The contractor shall ensure that all contractor personnel having access to business or procurement sensitive information sign a non-disclosure agreement (DHS Form 11000-6).

5.0 STANDARD CONDUCT AT GOVERNMENT INSTALLATIONS

The Government may, at its sole discretion (via the Contracting Officer), direct the contractor to remove any contractor employee from DHS facilities for misconduct or security reasons. Removal does not relieve the contractor of the responsibility to continue providing the services required under the Contract. The

Contracting Officer will provide the contractor with a written explanation to support any request to remove an employee.

The contractor shall be responsible for maintaining satisfactory standards of employee competency conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. The contractor is also responsible for ensuring that his employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones except as authorized.

In performing on-site work under this contract on a Government installation or in a Government building, the contractor shall:

a) Conform to the specific safety requirements established by a Contract.

b) Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract.

c) Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel connected in any way with performance under this contract.

d) Take such additional immediate precautions as the TO CO or TO COR may reasonably require for safety and accident prevention purposes.

6.0 EMPLOYEE IDENTIFICATION

Contractor employees visiting Government facilities shall wear an identification badge as provided by

Government security personnel. Visiting contractor employees shall comply with all Government escort rules and requirements. All contractor employees shall identify themselves as contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

Contractor employees working on-site at Government facilities shall wear a Government issued identification badge. All contractor employees shall identify themselves as contractors when their status is not readily apparent (in meetings, when answering Government telephones, in e-mail messages, etc.) and display the Government issued badge in plain view above the waist at all times.

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7.0 PAST PERFORMANCE EVALUATION

7.1 Past performance information is relevant for future task orders source selection purposes, regarding a contractor’s actions under previously awarded task orders under the same contract. It includes, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Contractor’s business-like concern for the interests of the customer.

7.2 In accordance with FAR 42.1502, Federal agencies are required to prepare evaluations of the contractor performance for all contract actions, including delivery or task orders in excess of the simplified acquisition threshold ($250,000) at the time the work is completed. Interim evaluations will be performed for task orders in which a period of performance including options exceeds one (1) year.

The contract-level evaluation will be performed annually. Upon completion of task order performance, the TO COR will complete a task order evaluation using either the contractor

Performance Assessment Reporting System (CPARS) or Past Performance Information (PPI). CPARS is a web-enabled tool for the COR to evaluate the contractor’s performance; and for the Contracting

Officer and contractor to review, comment on, and approve evaluations. The tool can be accessed at http://www.cpars.gov. PPIRS, http://www.ppirs.gov, is a past performance collection tool that feeds the Government’s central repository for the collection and utilization of past performance information.

The contractor will be allowed thirty (30) calendar days to submit comments, rebutting statements, or additional information. Comments, if any, shall be retained as part of the evaluation record. The completed evaluation shall not be released to other than Government personnel. Past performance information may be used during source selection and will not be retained for longer than three (3) years after completion of a contract or task order.

8.0 POST AWARD CONFERENCE

8.1 The contractor shall participate in a post award conference that will be held within ten (10) business days after contract award. The purpose of the post award conference is to aid both the contractor and the Government in achieving a clear and mutual understanding of all contract requirements and identify and resolve potential problems (See FAR Subpart 42.5, Post award Orientation).

8.2 The IDIQ CO is responsible for establishing the time and place of the conference and will notify the appropriate Government representatives and the…