ATTACHMENT_3_TO_RFQ_HSFELA.docx

ATTACHMENT 3 TO RFQ HSFELA-14-Q-1001

GUIDE TO RESPONDING TO RFQ

FEMA has three separate facilities which are managed by the Louisiana Recovery Office: Baton Rouge JFO (1500 Main Street 70802); Sherwood Forest Staging (SWF), 2965 N. Sherwood Forest Dr. Baton Rouge, 70814; and 1 Seine Court, Algiers/New Orleans (70114). Presently FEMA does not foresee keeping the New Orleans facility open past the end of Hurricane Season 2014 (November 30th). That may change depending upon whether and where a hurricane may strike Louisiana. Your quotation should not take into account the possible closing of the New Orleans location and should respond, where necessary in the following questions, as if all three facilities will operate for at least one (1) year from date of award of the BPA.

FEMA anticipates that all diesel and gasoline prices charged to the Agency will be the current market price, delivered FOB at the buyer’s location(s), less any sales taxes which should not be charged a Governmental agency. FEMA anticipates that it may be charged delivery and pumping charges to top up its generators and gasoline-operated equipment, and to initially fill any mobile storage tank that Agency may decide to rent.

PLEASE REFER TO “c.(i)” BELOW, BEFORE PROCEEDING FURTHER: FEMA REQUIRES THAT THE CONTRACTOR WILL TOP UP EACH OF THE GENERATORS AND EQUIPMENT AT EVERY DELIVERY. IF YOUR COMPANY DOES NOT PROVIDE PUMPING SERVICES YOUR COMPANYNWOULD NOT QUALIFY FOR THIS SOLICITATION.

1. In the Quotation, please address these issues:

a. Does your company offer a discount for volume purchases of either type of fuel mentioned in the solicitation? If so what is the minimum volume of each type fuel which must be purchased at one time in order to secure a discount? What is the percentage discount with respect to each type of fuel? Note: due to the time required to pay an invoice by EFT, the Government requires at least 15 days to process an invoice for payment. “X” %, net 30, (where X is equal to or greater than “15”) is the preferable means of stating such discount.

b. Does your company charge a delivery fee on fuel supplied to a location within a certain numbers of miles from your dispatch office nearest the buyer’s location? If so, what is the maximum numbers of miles within which no delivery charge is required?

i. If your company does not, in effect, waive a delivery charge for near-by locations, what will company charge FEMA for delivery of fuel(s)? State whether the charge is based on mileage, quantity of fuel, a minimum number of hours, or, (as is preferred by FEMA), a firm, fixed price charge?

c. Does your company charge a pumping or filling fee on fuel supplied to a customer’s location where generators, gas-powered equipment and other, similar equipment is situated?

i. If your company does NOT provide a pumping service for generators and gas-powered equipment, DO NOT PROCEED FURTHER IN THIS GUIDE. FEMA REQUIRES THAT FUEL DELIVERED TO ITS LOCATIONS MUST BE PUMPED INTO ITS GENERATORS AND GAS-POWERED EQUIPMENT.

ii. If your company does provide pumping service for both generators and gas-powered equipment, state the basis for the charge—that is, hourly minimum, volume of product pumped, or (as is preferred by FEMA), a firm, fixed price charge?

d. Does your company rent or lease double-walled, mobile storage tanks (Tanks), for brief use by customers? FEMA may require, on an emergency basis, the supply of one or more Tanks where it will require fuel in order to maintain the operation of its equipment on a 24 hour basis. No generator currently at any of any of the facilities of the LRO can operate without refueling within such 24 hour period. To minimize the cost of emergency deliveries and refueling (see below), FEMA may request that the contractor supply, on relatively brief notice, one or more Tanks of various sizes, for use at one or more of its locations.

i. Please state the various sizes of Tanks, beginning at 1000 gallon capacity to approximately 5000 gallon capacity, which your company rents and the fixed rate charges for daily; and weekly; usage.

e. FEMA accepts regular deliveries of products between 8:00 a.m. and 5 p.m. CDST, Monday through Friday. FEMA will typically provide a vendor with no less than 24 hours’ notice of a required regular delivery. This type of delivery is referred to as a “regular” delivery. NOTE: If a longer notice period (i.e., more than 24 hours), is required by your company, please set out that information in your quotation.

f. In an emergency, such as an imminent or actual impact of a hurricane or other disaster, FEMA may require fuel(s) to be delivered as promptly as possible. This is referred to as an “emergency” delivery.

i. What is the minimum amount of time needed by your company to respond to a call for prompt delivery of fuel(s)?

ii. Once you receive an emergency call how quickly can your company provide fuel(s) to each of the three locations referenced at the top of this Guide? Set out your best estimate for each location, considering that the impact of a disaster is likely to double the time required to navigate roadways.

iii. With reference to various provisions (a-c, above), what will company charge FEMA for an emergency delivery of fuel(s) and for the other requirements identified (delivery and pumping charges, if any)? Please be consistent with your answer as compared to your quotation under paragraph “b.,” or “c.” If there are reasons for not charging on the same basis as set out for a “regular” delivery charge, please state the reason for the change. NOTE: FEMA recognizes that emergency situations create emergency conditions for its vendors. FEMA would anticipate that it might be charged more for an emergency delivery than a regular delivery. However the emergency delivery charge is established by your company, FEMA requests that the basis for such charge (volume, mileage, minimum hours or fixed price), be the same basis that the company charges for a regular delivery.

g. As noted above, please provide complete pricing with respect to each location noted in the introduction above. To the extent that charges to the Government might be more advantageous by issuing two separate BPA’s—one to cover the New Orleans facility and the other, Baton Rouge—FEMA reserves the option to issue two BPA’s, in order to maximize the benefit to the taxpayers.

h. The terms and conditions of the BPA will include such clauses as are required to implement executive orders, laws, statues and regulations applicable to the procurement. Please refer to Appendix I, attached, for general provisions as well as a list of regulations which are likely to be incorporated by reference in the BPA(’s) that issue.

APPENDIX “I” IS SET OUT BEGINNING THE FOLLOWING PAGE

APPENDIX I

The following are provisions which are typically inserted in agreements for the type of product(s) referred to in the solicitation, SOW or PWS attached thereto. Clauses are Non-sequential: CO has determined that intervening numbered clauses do not apply to this procurement.

ADDITIONAL SIMPLIFIED ACQUISITION TERMS AND CONDITIONS

This agreement reflects the “Positive Law Codification” of Title 41, United States Code, as required under Public Law 111-350. Federal Acquisition Regulations (FAR), reflecting changes in names of various Acts subject to the Positive Law Codification will show a “(May 2014)” entry near or at the end of the clause. Note that the “Service Contract Act of 1965” is now known as the “Service Contract Labor Standards Statute.” The provisions of such Statute apply to this agreement.

A.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2014)

(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)).

(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) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(41 U.S.C. 3509).

(6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

(16) 52.219-8, Utilization of Small Business Concerns (MAY 2014) (15 U.S.C. 637(d)(2) and (3).

(18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

(28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

(30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

(31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(32) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

(35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

(46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(50) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013) (31 U.S.C. 3332).

(53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(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 Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

The DOL Labor Rates for the Parishes where work will be performed are from Wage Determination #2005-2233 Revision 14 (last revised 06/19/2013) for East Baton Rouge (EBR) Parish, and Wage Determination #2005-2231 Revision 16 (last revised 06/19/2013) for Orleans Parish are set forth below. These are considered “labor-burdened” rates, only. Final hourly rates (called “fully burdened labor rates”) should include the following, to which are added those factors such as G&A, Profit and other factors the contractor typically and reasonably adds to its hourly charges for the type of service described below.

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(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.

The total price/cost of this agreement does not exceed the current simplified acquisition threshold. As a result, the provisions of this Section (d) do not apply. Notwithstanding the foregoing, provisions found elsewhere in this agreement which would otherwise be listed under Section (d) remain as part of this agreement.

A.6 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

A.7 IDENTIFICATION OF GOVERNMENT OFFICIALS

The Government Officials assigned to this contract are as follows:

Technical Point of Contact hereby delegated authority to accept goods and services, and review and approve invoices for this contract:

Desk Phone: N/A Cell Phone: 504-451-5421 Fax: 225-226-1550

A.8 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

(a) Prohibitions. The prohibitions under this provision are inapplicable in that, as set forth below, at paragraph (f),

(f) Disclosure. The offeror/contractor under this solicitation/agreement represents that [Check one]:

[X] it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; []it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or []it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74.

A.9 HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: [The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]

(a) Provisions. The Contracting Officer has determined that no provisions and/or clauses set forth in this Section A.9 are necessary to implement the understanding between the parties.

A.11 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) Contractor shall cause its employees and any employees of sub-contractors, to use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If Contractor's failure to use reasonable care causes damage to any of this property, Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer or COR directs. If Contractor fails or refuses to make such repair or replacement, Contractor shall be liable for the cost, which may be deducted from the contract price.

A.12 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

INAPPLICABLE: Agreement does not involve an EIS procurement.

END