Final SOW Emergency Fuel Services.DOC

Table of Contents

SECTION A

A-1

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

A-1

SECTION B - CONTINUATION BLOCK

B-1

B.1 PRICE/COST SCHEDULE

B-1

B.2 DELIVERY SCHEDULE

B-1

SECTION C - CONTRACT CLAUSES

C-1

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS

C-1

C.1 52.216-18 ORDERING (OCT 1995)

C-1

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

C-1

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C-1

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C-1

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C-1

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

C-1

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C-1 C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2009) C-1

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D-1

SECTION E - SOLICITATION PROVISIONS

E-1

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

E-1

E.1 52.216-1 TYPE OF CONTRACT (APR 1984)

E-1

E.2 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

E-1

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E-1

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E-1

E.5 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

E-1 E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (AUG 2009) E-1

SECTION B - CONTINUATION BLOCK

B.1 PRICE/COST SCHEDULE

ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SVCS PRICE

0001 0.00 Gal ___________________ ____________________

Estimated gasoline usage: 20 Trucks

Daily X 50 gallons per truck.

Octane 87 Required-Higher Octanes will be accepted at the same price

Maximum quantity: 100,000 gallons

Minimum quantity: 1,000 gallons

Category 3 Storm-Refer to Statement of

Work

0002 0.00 Gal ___________________ ____________________

Estimated gasoline usage: 20 Box

Trucks Daily X 25 gallons per truck.

Octane 87 Required-Higher Octanes will be accepted at the same price

Maximum quantity: 100,000 gallons

Minimum quantity: 500 gallons

Category 3 Storm-Refer to Statement of

Work

0003 0.00 Gal ___________________ ____________________

Estimated gasoline usage: 35 Rental

Cars X 15 gallons per truck.

Octane 87 Required-Higher Octanes will be accepted at the same price

Maximum quantity: 100,000 gallons

Minimum quantity: 525 gallons

Category 3 Storm-Refer to Statement of W

0004 0.00 Gal ___________________ ____________________

Estimated diesel fuel usage: 30

Generators X 32.5 gallons per truck.

Maximum quantity: 100,000 gallons

Minimum quantity: 975 gallons

Category 3 Storm-Refer to Statement of

Work

0005 0.00 Gal ___________________ ____________________

Estimated gasoline usage: 30 Trucks

Daily X 50 gallons per truck.

Octane 87 Required-Higher Octanes will be accepted at the same price

Maximum quantity: 100,000 gallons

Minimum quantity: 1,000 gallons

Category 4 Storm-Refer to Statement of

Work

0006 0.00 Gal ___________________ ____________________

Estimated gasoline usage: 30 Box

Trucks Daily X 25 gallons per truck.

Octane 87 Required-Higher Octanes will be accepted at the same price

Maximum quantity: 100,000 gallons

Minimum quantity: 500 gallons

Category 4 Storm-Refer to Statement of

Work

0007 0.00 Gal ___________________ ____________________

Estimated gasoline usage: 40 Rental

Cars X 15 gallons per truck.

Octane 87 Required-Higher Octanes will be accepted at the same price

Maximum quantity: 100,000 gallons

Minimum quantity: 525 gallons

Category 4 Storm-Refer to Statement of

Work

0008 0.00 Gal ___________________ ____________________

Estimated diesel fuel usage: 35

Generators X 32.5 gallons per truck.

Maximum quantity: 100,000 gallons

Minimum quantity: 975 gallons

Category 4 Storm-Refer to Statement of

Work

0009 0.00 Gal ___________________ ____________________

Estimated gasoline usage: 40 Trucks

Daily X 50 gallons per truck.

Octane 87 Required-Higher Octanes will be accepted at the same price

Maximum quantity: 100,000 gallons

Minimum quantity: 1,000 gallons

Category 5 Storm-Refer to Statement of

Work

0010 0.00 Gal ___________________ ____________________

Estimated gasoline usage: 40 Box

Trucks Daily X 25 gallons per truck.

Octane 87 Required-Higher Octanes will be accepted at the same price

Maximum quantity: 100,000 gallons

Minimum quantity: 500 gallons

Category 5 Storm-Refer to Statement of

Work

0011 0.00 Gal ___________________ ____________________

Estimated gasoline usage: 40 Rental

Cars X 15 gallons per truck.

Octane 87 Required-Higher Octanes will be accepted at the same price

Maximum quantity: 100,000 gallons

Minimum quantity: 525 gallons

Category 5 Storm-Refer to Statement of

Work

0012 0.00 Gal ___________________ ____________________

Estimated diesel fuel usage: 40

Generators X 32.5 gallons per truck.

Maximum quantity: 100,000 gallons

Minimum quantity: 975 gallons

Category 5 Storm-Refer to Statement of

Work

0013 0.00 Gal ___________________ ____________________

Daily (Hourly) rental charge for refueling tanker itself

Truck Capacity: 4000 gallons

Maximum time: 30 days

Minimum time: 1 day (24 hours)

0014 0.00 Gal ___________________ ____________________

Daily (Hourly) rental charge for refueling tanker itself

Truck Capacity: 5000 gallons

Maximum time: 30 days

Minimum time: 1 day (24 hours)

0015 0.00 Gal ___________________ ____________________

Daily (Hourly) rental charge for refueling tanker itself

Truck Capacity: 6000 gallons

Maximum time: 30 days

Minimum time: 1 day (24 hours)

GRAND TOTAL ---

B.2 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DATE OF DELIVERY

0001 0.00

0002 0.00

0003 0.00

0004 0.00

0005 0.00

0006 0.00

0007 0.00

0008 0.00

0009 0.00

0010 0.00

0011 0.00

0012 0.00

0013 0.00

0014 0.00

0015 0.00

STATEMENT OF WORK – EMERGENCY FUEL SERVICES

A. INTRODUCTION:

1. This requirement is to provide for delivery of diesel fuel and gasoline in the continental United States (CONUS) on a regional/ statewide basis to support disaster mobilization and emergency response activities. The scope of the contract includes providing complete ground fuel support including mobilization, fuel delivery, and detailed record keeping. More specifically, fuel is to be provided at forward support sites and vicinity areas to support the national Urban Search and Rescue (US&R) program, Incident Management teams, and other first responder activities in the Federal Emergency Management Agency, during disaster operations such as hurricanes and earthquakes. While this support concept primarily applies to disaster situations when preparation time exists (e.g. hurricanes), it can be adapted to no-notice incidents (earthquakes, terrorism).

2. The disaster environment in which fuel service is provided is austere, and it is assumed that the stricken area will have little or no operating or functioning infrastructure. Accordingly, the fuel service provider is expected to be totally self-sufficient in terms of providing food, sleeping quarters and other human needs for its contractor personnel. The services to be provided are different from those normally associated with base camps established by FEMA during the Recovery phase. The customers to be serviced are first responders performing search and rescue operations during the initial phases of disaster response. The forward operating sites are typically close to areas most stricken by the incident. The sites are activated early – hours, not days after the incident occurs. As necessary, security protection will be provided by a Federal agency (e.g. US Customs and Border Patrol) during fuel distribution operations. Once activated, the forward sites are generally short term (usually ten days or less) since search and rescue lifesaving missions are short and time-sensitive.

3. The contractor should provide all necessary labor, supervision, equipment, tools, materials, and supplies needed. The Contractor shall have the capability of expanding or reducing assets (equipment) based on changing missions and number of vehicles/generators to be supported. The fuel provider is required to provide fuel tankers adequate to meet the Government’s estimated daily requirements and to have the capability to replenish this requirement daily as needed. The Contractor shall have sufficient equipment readily available for rapid deployment and preventive maintenance programs to ensure optimum equipment readiness at all times.

B. CONCEPT OF OPERATION –INCIDENT TIMING/ACTIONS TO BE TAKEN:

1. HURRICANE DEPLOYMENTS

The concept of operation for hurricanes has three timing periods:

· Mobilization Period

· Deployment Period

· Demobilization Period Mobilization Period:

1. 120 hours pre-hurricane landfall - the Mobilization Period begins approximately 120 hours before a hurricane is expected to make landfall. At that time Government emergency managers in conjunction with local officials begin initial preparations to respond to the incident. A team of Government incident management personnel will dispatched to a location near the expected point of landfall. Fuel service providers will be requested to provide dispatch points, and alerted to the size of anticipated requirement to be supported.

2. 100 -96 hours pre-hurricane landfall – Fuel provider(s) are selected considering dispatch distance, cost and other factors. Blanket Purchase Agreements are funded, and task orders issued.

3. 96 hours pre-hurricane landfall – FEMA Incident Management Teams and Urban Search and Rescue Task Forces from around the nation are activated and notified to report to staging areas (e.g. inland cities such as Atlanta or Houston) not later than 48 hours pre-hurricane landfall. Generally these teams will be lodged in hotels downtown or near an airport.

4. 72 hours pre-hurricane landfall – fuel providers are activated (task orders issued), and given destination staging cities to report to, not later than 24 hours pre-hurricane landfall. Contractors will generally be instructed to report to locations near task forces, but will likely be told to report to a truck stop facility on the outskirts of the designated city. Contractors are encouraged to suggest suitable mobilization locations in the designated city. In selecting staging areas, the goal is to have resources within a general 4-6 hour response to potential impacted areas after the storm passes, be situated on the calmer side of the current projected storm path, if possible, and have access to Interstate highways.

While travelling, fuel providers are expected to have satellite phones and maintain continuous contact capability, and a vehicle tracking system which can be accessed by the Government, in the event a change in destination is directed by the Government. In addition contractors should maintain a record of en-route personnel, and convoy vehicle descriptions, in the event the Government requires this information. Each vehicle in the convoy should have a copy of the activation task orders issued by the Government, to facilitate entry into or near the disaster area. Periodic reporting to the Government on travel progress and any problems should be accomplished every 6 hours.

5. 48 hours pre-hurricane landfall – US&R task forces and incident support team arrive at staging and begin hurricane preparations

6. 24 hours pre-hurricane landfall – standby phase – fuel providers arrive at staging location and continue hurricane preparation while in standby status

7. 0 (Zero) Hour – Hurricane Landfall. Note: it should be recognized that actual hurricane landfall can occur sooner or later than original planned 0 (Zero) hour due to changes in hurricane wind speed, direction etc

8. 4 hours post landfall – On-site emergency managers begin rapid needs assessment, and aerial surveillance for an initial damage assessment.

9. 6-10 hours post landfall – initial tactical search and rescue reconnaissance operations begin

Deployment Period

1. 16 -20 hours post landfall – if there is no requirement to establish forward sites, fuel providers will be given instructions to demobilize. Alternately, once forward operating deployment sites are selected, fuel providers will be notified of reporting site location(s) to establish initial fuel distribution operations. Contractors will be given specific information on the extent of available site facilities. If required a convoy escort will be provided.

2. 30 hours post landfall – initial operating support capability established. On-going daily operations continue until demobilization period.

Demobilization Period

1. ___ hours post landfall – US&R task forces and Incident Support Team are demobilized

2. Demobilization hour plus 12 hours – fuel distributors conclude operations and complete deactivation of their function at disaster sites. The Contractor shall demobilize its functional activity, clean its site location, remove/dispose of all garbage and used materials and return the site to its original condition. Supporting documentation of services will be compiled for inspection and acceptance by the Government.

3. Demobilization hour plus estimated 36 hours – fuel distributor returns to dispatch destination and completes demobilization. The contractor will report to the Government when all demobilization activities have been completed.

4. Demobilization hour plus 96 hours - the contractor will have a telephone conference call with the Government to review and summarize the overall operation including accomplishments that went well, accomplishments that did not go well or could be improved, and any other after-action recommendations or lessons learned.

B. NO-NOTICE EVENTS

The concept of operation for no-notice events has three timing periods:

· Mobilization Period

· Deployment Period

· Demobilization Period Mobilization Period

0 Hour – No-notice event (earthquake, tornado, terrorist incident) occurs 0-12 hours post incident – if required, fuel provider(s) are selected considering dispatch distance, cost and other factors. Funded task orders are issued.

12-24 hours post incident - Contractors will be instructed to report to locations near US&R task forces, and will likely be told to report to a truck stop facility on the outskirts of the designated city. Contractors are encouraged to suggest suitable mobilization locations near the designated city. In selecting staging areas, the goal is to have resources near potential impacted areas. While travelling, fuel providers are expected to have satellite phones and maintain continuous contact capability, and a vehicle tracking system which can be accessed by the Government, in the event a change in destination is directed by the Government. In addition contractors should maintain a record of en-route personnel, and convoy vehicle descriptions, in the event the Government requires this information. Each vehicle in the convoy should have a copy of the activation task orders issued by the Government, to facilitate entry into or near the disaster area. Periodic reporting to the Government on travel progress and any problems should be accomplished every 6 hours.

48 hours - post incident – Contractors arrive at staging and begin incident planning.

Deployment Period

48 hours post incident until released – if there is no requirement for forward sites support, fuel providers will be given instructions to demobilize. Alternately, once forward operating deployment sites are selected, fuel providers will be notified of reporting site location(s) to establish initial fuel distribution operations. Contractors will be given specific information on the extent of available site facilities. If required a convoy escort will be provided. Operating capability established should within six (6) hours after arrival on site. On-going daily operations will continue until demobilization period.

Demobilization Period

___ hours post incident – US&R task forces and Incident Support Team are demobilized

Demobilization hour plus 12 hours – fuel distributors conclude operations and complete deactivation of their function at disaster sites. Supporting documentation of services will be compiled for inspection and acceptance by the Government. The Contractor shall demobilize its functional activity, clean its site location, remove/dispose of all garbage and used materials and return the site to its original condition.

Demobilization hour plus estimated 24-48 hours – fuel distributor returns to dispatch destination and completes demobilization. The contractor will report to the Government when all demobilization activities have been completed.

Demobilization hour plus 96 hours - the contractor will have a telephone conference call with the Government to review and summarize the overall operation including accomplishments that went well, accomplishments that did not go well or could be improved, and any other after-action recommendations or lessons learned.

Size and Scope of First Responder Operations:

Generally the size of the operation to be supported (number of forward site locations, first responders and vehicles) during hurricanes is dictated by the wind speed category (Category 1-5 on the Saffir-Simpson scale) forecasted by the National Hurricane Center. Below is a table with planning information for hurricane and no-notice incidents:

TBD- To be determined (incident specific)

Note 1: Approximately half the vehicles are used to transport personnel (e.g. SUVs); the other half are large size tractor-trailers and box trucks.

Note 2: In addition it is expected that up to 30 diesel generators of varying capacity (15 KW to 50 Kw) will be located at the support site and require fuel.

Note: The dynamics of hurricanes as well as the extent of damage could significantly alter planning scenarios. A hurricane’s change in projected landfall or impact time could cause a change in mobilization locations, or planned timing. A decision could be made to split a planned or on-going forward site into two smaller support sites to be closer to active search and rescue operations. The occurrence of multiple sequential hurricanes during a short time span could result in extended mobilization periods. Extensive damage due to high intensity storms could result in establishment of multiple support sites, and the requirement for additional resources. For 2009 the National Oceanic and Atmospheric Administration is predicting a near-normal season of 9-14 named storms, 4-7 major hurricanes and 1-3 Category 3, 4 or 5 hurricanes.

C. DEPLOYMENT SITE SELECTION

The exact forward support site location to be used by the fuel distributor cannot be readily predicted in advance. It is anticipated that the site will be relatively close to on-going search and rescue operations. Often an opportune site is selected based on characteristics such as availability of level grading, elevation above sea level, drainage, perimeter fencing, adequate parking, helipad etc. Past examples of sites selected have included airport hangars, retail store parking lots, sports training facilities/stadiums, school facilities with gymnasiums, water amusement parks etc. At the time of deployment, the exact location of the site will be provided along with suggested routing to reach that site.

D. SELF SUFFICIENCY

The disaster environment under which services are to be provided is very austere, and it is assumed that the stricken area will have little or no operating infrastructure. Accordingly, the fuel provider is expected to be totally self-sufficient in terms of providing water and electric power and fuel for needed operations (e.g. vehicles and generators), food and sleeping accomodations for contractor personnel, and solid waste disposal. No Government furnished equipment or support should be assumed. If, however, once the site is fully operational, and mutual support services are available, and can be provided (e.g. meals, potable water, toilets, showers, fuel), without jeopardizing the primary first responder mission, contractors can use the on-site support provided by other contractors - these arrangements (e.g. reimbursement by credit card) should be made directly without involvement of the Government.

E. SITE ADMINISTRATIVE MATTERS

No alcoholic beverage and/or controlled substance may be taken at the First Responder Operating Site, used by, or furnished to any person at the Incident. No tobacco products may be used in the immediate area of food preparation or serving. Other no-tobacco product areas will be identified by the on-site Government representative.

Contractor employees shall prominently wear badge identification showing the name of the employee and company. Company management personnel shall coordinate personnel security requirements as necessary with the on-site Government representative and the Government agency responsible for site security access. Contractor management personnel and the Government on-site representative shall coordinate daily on activities and events and maintain a daily log which shall be signed by both parties.

During site activation contractor performance will be overseen by the Contracting Officer’s Technical Representative (COTR) and/or the Facilities Unit Leader (FUL). The FUL is a logistics member of the Incident Management/Support Team. Both individuals will be designated by the Contracting Officer.

F. SPECIFIC FUEL PROVIDER REQUIREMENTS:

The fuel provider is required to provide fuel tanker capability adequate to meet the Government’s estimated daily requirements and to have the capability to replenish this requirement on a daily basis as needed. The scope of this contract includes providing complete ground fuel support, including contractor mobilization, fuel delivery, and detailed record keeping. Ground fuels, defined for purposes of this contract as Commercial Grade Diesel (CGD) and gasoline (octane 87 or higher at the same price), delivered to the location designated. The contractor shall be responsible for providing drivers and performing all fuel delivery operations 24 hours a day/7 days a week.

The Government will pay only for fuel that is actually issued to first responders, not bulk fuel delivery orders. Therefore controls are on fuel issuance tickets. The Government will not pay for fuel in a tanker that is not dispensed to a first responder. Fuel remaining at the end of demobilization is owned by the fuel deliverer.

It is expected that deliveries to first responders will be in a relatively small, compact area (within a 30 mile radius from the support site distribution point), however road conditions and obstructions could cause adverse conditions and make fuel deliveries difficult, and result in protracted operations. The contractor shall also have the ability to find alternate supply sources in case of pipeline shutdown or any other disruptions in supply. Contractor shall have a commitment to provide continuous supply as necessary.

The contractor will provide gas and diesel fuel to vehicles and diesel generators as required. Gasoline and Diesel Fuel specification (including but not limited to commercial product descriptions, ASTM standards, delivery conditions, gasoline motor grades requirements, spill prevention, material data safety sheets, etc.) shall conform to best commercial practices as outlined in the solicitation and enforced in any resultant contract.

Supplies delivered under this contract shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. This includes delivery of fuel and documentation in a manner consistent with any existing or after-imposed Title V (Clean Air Act) Permits. The list of such requirements contained in this contract is not intended to be a complete list, and the Contractor shall be responsible for determining the existence of all such requirements. The contractor is responsible to acquire any necessary certificates, permits and approvals. In the event that a Federal, State, or local environmental requirement is more stringent than a specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered to be a nonconforming supply.

Fuel Spills – Contractors are responsible for reporting environmental emergencies or discharges or spills in accordance with Environmental Protection Agency regulations and other applicable Federal/State/Local/ directives. Contractors are responsible for clean up of fuel spills or gasoline leaks, and restoring the site to its original environmental condition at no cost to the Government.

Reporting:

1. Fuel Log: A daily log compiling the detailed data outlined below for all fuel deliveries shall be provided:

a. Fuel Ticket Log - the Contractor shall document and maintain each ground fuel issue using forms, that provide all the information required to fully satisfy the Government’s data entry requirements. This information required consists of:

(1) Type of fuel delivered;

(2) Date of the delivery into the specific vehicle;

(3) Vehicle Identification Number/Vehicle License Plate Number;

(4) Delivered quantity b.

In addition a daily log will be maintained containing a summary of daily events, problems, solutions, and direction provided by the COTR and action taken. The results of testing samples will be recorded. The Government reserves the right to modify information required to be documented.

2. Delivery Documents: The Contractor shall provide a commercial receipt (bill of lading, metered ticket, or delivery ticket) upon arrival at the destination specified. The Government representative at that location will date and sign the commercial receipt and shall be provided with a legible copy. The Contractor will maintain all signed receipts as evidence of delivery and will provide them to the Government upon request.

3 The Contractor shall forward invoices with copies of signed delivery receipts to the applicable paying office stated in the order.

4. Incident situation teleconference reporting, will take place between contractor managerial supervisor and the Government on a daily basis, and will cover progress and problems (e.g. discrepancies in fuel discharge tickets).

SECTION C - CONTRACT CLAUSES

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through .

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of ;

(2) Any order for a combination of items in excess of ; or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after .

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

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

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far

52.232-18

AVAILABILITY OF FUNDS

APR 1984

(End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (MAR 2009) (Pub. L. 111-5).

[] (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

[] (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (7) [Reserved]

[] (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-6.

[] (iii) Alternate II (Mar 2004) of 52.219-6.

[] (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

[] (11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (Oct 2001) of 52.219-9.

[] (iii) Alternate II (Oct 2001) of 52.219-9.

[] (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

[] (13) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

[] (ii) Alternate I (June 2003) of 52.219-23.

[] (15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

[] (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C 632(a)(2)).

[X] (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126).

[X] (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[X] (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[X] (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

[X] (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

[X] (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

[] (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

[] (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

[] (ii) Alternate I (DEC 2007) of 52.223-16.

[] (31) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[] (32)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53 and 109-169, 109-283, and 110-138).

[] (ii) Alternate I (Jan 2004) of 52.225-3.

[] (iii) Alternate II (Jan 2004) of 52.225-3.

[] (33) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (34) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[] (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[X] (39) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

[] (40) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

[] (41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

[] (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

Employee Class Monetary Wage-Fringe Benefits

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

[] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247)

[] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employee Eligibility Verification (JAN 2009)

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

DIRECTIONS TO THE OFFEROR

An Indefinite Delivery Indefinite Quantity will be awarded by HQ FEMA and will be funded by task orders at the time of the emergency.

Orders are to be placed by line item. Each order shall include the daily rental charge for the truck being used.

Closing Date: December 14, 2009

Closing Time: 9:00 AM

Please submit all inquiries in writing to:

Mrs. Toye Hobday

Toye.Hobday@dhs.gov

SECTION E - SOLICITATION PROVISIONS

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Fixed Price-Economic Price Adjustment, Indefinite Quantity contract resulting from this solicitation.

EVALUATION CRITERION

Pricing will be evaluated separately. If the Proposal is not technically acceptable, the pricing data will not be evaluated. If the Proposal is technically acceptable, the pricing will be evaluated.

1. Technical Capability

a. Geographic Coverage

b. Fuel Distribution Capability

c. Resources

2. Management

a. Process-mobilization, deployment, demobilization, emergency mobilization

b. Understanding of environmental requirements

3. Past Performance

E.2 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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/these address(es):

http://www.arnet.gov/far

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 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:

Hand-Carried Address:

Federal Emergency Management Agency

500 C Street, S.W., PP 5th Floor

Washington DC 20472

Mailing Address:

Federal Emergency Management Agency

500 C Street, S.W., PP 5th Floor

Washington DC 20472

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

52.216-27

SINGLE OR MULTIPLE AWARDS

OCT 1995

(End of Addendum to 52.212-1)

E.5 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical and past performance, when combined, are .

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (AUG 2009)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov.