Attachment A SOW.pdf

Statement of Work (SOW) Diesel Fuel for Facility Boiler Plant Operations

1. OBJECTIVE

The G.V. “Sonny” Montgomery VA Medical Center (GVSMVAMC) requires the purchase and delivery of 29,000 gallons of Ultra-Low Sulfur Dyed Diesel Fuel (ULSD), NA1993, for use in the facility’s boiler plant operations.

2. GENERAL REQUIREMENTS

This is a non-personnel services requirement. The contractor shall provide all management, supervision, labor, transportation, tools, materials, parts, and other items necessary to perform work, execute services, and to successfully complete all deliverables as contained within this Statement of Work. The Government shall not exercise any supervision and/or control over contractor personnel (which includes contractor service providers, contractor representatives, and subcontractors employed with and/or being utilized by the prime contractor) during all active performance periods of the contract. All contractor personnel shall be accountable solely to the Contractor, who in turn is responsible to the Government. This contract does not authorize the Contractor to perform any inherently governmental functions, including directing federal employees or making resource allocation decisions.

3. BACKGROUND

The boiler plant requires 29,000 gallons of NA1993 ULSD Dyed Diesel Fuel to support operational readiness and heating functions.

4. SCOPE OF WORK

Contractor shall deliver 29,000 gallons ±1% tolerance of ULSD Dyed Diesel Fuel meeting ASTM D975.

Fuel shall be delivered into the 32,000-gallon above-ground tank using a properly rated and compliant fuel transport vehicle capable of safely delivering the required volume. Fuel transport vehicles shall comply with DOT 49 CFR 393 Subpart E and all relevant hazmat requirements under 49 CFR Parts 171–180.

Contractor shall provide proper hose connections, fittings, and equipment required for safe transfer of fuel into the above-ground vertical tank.

All shipping/delivery fees will be included in the final cost. Delivery may occur in a single or multiple drops as required.

5. FUEL QUALITY REQUIREMENTS

• ASTM D975 compliance

• Red-dyed ULSD for off-road boiler use

• Certificate of Analysis required by Contractor

• Temperature-corrected metering to 60°F

• NIST-traceable metering certification within 12 months

• A bill of lading for each delivery event.

6. SAFETY & ENVIRONMENTAL COMPLIANCE

Contractor shall comply with OSHA 29 CFR 1910.106, EPA SPCC 40 CFR 112, DOT 49 CFR Parts 171–180, and NFPA 30, including spill prevention, fuel transfer safety procedures, and emergency response requirements. Contractor is responsible for any spills, cleanup, and incident reporting occurring during delivery.

7. PERIOD & PLACE OF PERFORMANCE

Work will be performed, services will be executed, and deliverables will be completed at G.V.

“Sonny” Montgomery VA Medical Center, 1500 E Woodrow Wilson Drive, Jackson, MS 39216.

This project, as encompassed by the final contract when executed, will consist of a one-time procurement and delivery for the facility. Contract performance will end when the project is successfully completed NTE (not to exceed) 30 days from notice to proceed.

8. WORK HOURS AND SCHEDULE

All work, execution of services, and completion of deliverables shall be accomplished between the hours of 6:00 a.m. through 6:00 p.m. Monday through Friday, Federal Holidays excluded.

Prior to work being performed proper coordination shall be initiated between the contractor and the government to ensure that services/work can be executed when scheduled. Any work, services, and/or other tasks performed during other than stated hours shall be approved in advance by the Contracting Officer Representative (COR), Contracting Officer, and/or other authorized facility designee/representative before such work begins. Coordination shall be made with the COR at least 48 hours in advance; approval for any deviation shall be granted by the CO.

9. PERSONNEL REQUIREMENTS - REQUIRED “CORE COMPETENCIES

Personnel must be trained in fuel delivery, hazmat handling, and regulatory compliance.

Personnel performing services under this contract shall possess the required knowledge, skills, and abilities in:

• Bulk fuel transport and delivery

• Hazardous materials handling

• Safe off-road diesel fuel transfer

• Compliance with OSHA, EPA, DOT, and NFPA regulations related to petroleum products

10. KEY PERSONNEL

During the active performance periods of the contract a Key Personnel Person shall be designated by the contractor (to be contacted by the government when needed) regarding performance of work, execution of services, and completion of deliverables as contained within this Scope of Work and covered by the final contract. This Key Personnel person shall have sufficient knowledge to be able to respond to technical questions by the government.

11. DELIVERABLES

DELIVERABLE #1: ROUTINE REPORTING, DOCUMENTATION, AND SERVICE LOG Contractor shall provide delivery documentation including:

• Bill of Lading

• Quantity delivered (temperature-compensated)

• Fuel quality certifications (ASTM compliance, sulfur content, dyed fuel certification)

• Delivery log noting date, time, and tank fill levels before and after

• Meter calibration documentation

• Government reserves the right to reject fuel not meeting ASTM D975 or documented delivery quantity.

• Contractor shall follow facility-specific boiler plant fuel transfer SOPs (will be provided at time of award).

DELIVERABLE #2: CHECK IN AND CHECK OUT PROCEDURES

Before beginning any work at any time during the active performance periods of the contract, personnel performing services shall physically check in with the appropriate facility representative to obtain approval and confirmation of the expected work to be performed and services to be executed. Check out procedures will be the same once work has been completed and services have been executed. Check in and check out procedures shall include the following: 1). Written documentation of the contractor’s arrival and departure while on site and 2). Written documentation showing the expected work to be performed, approval of such work before such work begins, and confirmation/completion status of the planned work that was scheduled to be performed. Any modification to check-in or check-out procedures must be approved in writing by the CO.

12. RECORDS MANAGEMENT

Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created while performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

G.V. Sonny Montgomery VAMC (GVSMVAMC) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. Contractor personnel shall sign VA Form 10-0708 “Employee Clearance from Indebtedness” before resigning or termination from Contractor working for GVSMVAMC and Facility Records Officer must sign form. A copy of completed signed VA Form 10-0708 (Contractor personnel and Facility Records Officer signatures) shall be place in each competency folder. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts.

The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with GVSMVAMC policy.

The Contractor shall not create or maintain any records containing any non-public GVSMVAMC information that are not specifically tied to or authorized by the contract.

The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

The GVSMVAMC owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which GVSMVAC shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training.

The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

TMS (Talent Management System) course VA 4192704: “Records Management for Everyone” [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

Flow-down of requirements to subcontractors:

The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

13. OTHER REQUIREMENTS:

• Identification and Badges: Any individual performing work under this contract shall wear a badge or other identification while on site that is clearly displayed at all times. While on site, any person performing work directly or indirectly must be in a position to specify their authorized purpose for their presence at the facility in the event that such information is requested by VA facility personnel.

• Parking: It is the responsibility of the contractor to park in the appropriate designated parking areas, to avoid ticketing or towing. Information on parking is available from the facility if requested by the contractor.

• Contract Administration: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that will affect price, quantity, or quality of performance of this contract. In the event the Contractor makes any such change at the direction of any person other than the Contracting Officer, this change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. All changes to the contract will be issued via an amendment and/or modifications in writing from the Contracting Officer to the Contractor.

• Invoicing and Payment: Contractor is authorized prompt payment IAW applicable regulation following the successful performance of work, execution of services, and completion of required deliverables. Contractor invoices shall be submitted IAW VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Invoices submitted for payment must be detailed to the extent necessary to reflect the work done and the services performed during the time periods when completed so an accurate assessment can be made by the facility for certification of these invoices for payment. Advance payments are not authorized, and contractor is not authorized payment for future work not performed and/or for work that has not been successfully completed.

• Liability for Damage or Spills: Contractor is fully responsible for any damage, environmental releases, or cleanup arising from delivery operations.