Amendment ConformCopy N0018923Q0037 P0005.pdf

SEE ADDENDUM

(No Collect Calls)

N0018923Q0037 21-Nov-2022

b. TELEPHONE NUMBER

757-443-1628

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 20 Dec 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001899. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PERLA J. MARTINEZ

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N0018923RC0295

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVSUP FLC NORFOLK CONTRACTING

NORFOLK OFFICE

ATTN: P MARTINEZ

1968 GILBERT STREET STE 600

NORFOLK VA 23511-3392

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N40085 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL FAC ENGINEERING CMD MID LANT

KEVIN STOCK

MTC FORT PICKETT

1357 MILITARY ROAD

BLACKSTONE VA 23824

TEL: 434-298-5534 FAX:

FAX:

TEL: 757-443-1628 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,500

NAICS:

324110

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF53

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0018923Q0037

Section SF 1449 - CONTINUATION SHEET

SOW

STATEMENT OF WORK FOR THE LEASING OF PROPANE TANKS AND BULK PROPANE

DELIVERY TO FORT PICKETT IN SUPPORT OF NAVAL FACILITIES ENGINEERING COMMAND

(NAVFAC) MID-ATLANTIC

1.0. Introduction

This requirement is for the leasing of propane tanks and acquisition and delivery of propane to Fort Pickett, Virginia in support of Naval Facilities Engineering Command (NAVFAC) Mid-Atlantic. The US Navy utilizes the above buildings on Fort Pickett for training and ordnance testing. The Contractor shall provide all labor, equipment, material, supervision, and transportation necessary to supply and deliver approximately 24,000 gallons of propane gas annually for the following buildings:

Bldg. 1358 – 1,000 Gallon Tank Bldg. 1365 – 1,000 Gallon Tank Bldg. 1367 – 1,000 Gallon Tank Bldg. 1386 – 500 Gallon Tank Bldg. 1718 – 1,000 Gallon Tank Bldg. 1724 – 1,000 Gallon Tank Bldg. 1725 – 1,000 Gallon Tank Bldg. 1726 – 1,000 Gallon Tank Bldg. 1727 – 1,000 Gallon Tank

2.0. General Information

The Government intends on issuing a Firm Fixed Price (FFP), Small Business (SB) Set-aside delivery order with a twelve month base year plus two (2) twelve month option years. The ordering season begins on 01 September through 31 May annually. The boilers are generally shut off during the summer season as they are not in use;

therefore, no propane will be used during the summer months.

Period of Performance Base Year 12 January 2023 through 11January 2024 Option I 12 January 2024 through 11January 2025 Option II 12 January 2025 through 11January 2026

3.0. Requirements/Scope

3.1. The Contractor shall provide eight (8) 1,000 gallon propane tanks and one (1) 500 gallon propane tank to be installed on government furnished concrete slabs at Fort Pickett, Virginia, for the entire period of performance.

3.2. The Contractor shall check the level of propane in ALL tanks every MONTH.

3.3. The Contractor shall fill the propane tanks to capacity, if required, every month. Tanks shall not go below the "Critical Low Point" of 20% of the capacity of the tank. If any of the tanks falls to this level the contractor shall refill the tanks as needed.

3.4. The Government will inform the Contractor if propane will be needed more frequently than every month.

3.5. The tanks, installation and hardware shall include the necessary piping, regulators and other related equipment to connect the tanks to the government piping already existing at the location.

3.6. The tanks will be installed on Government Property however the Contractor shall retain ownership throughout the life of the delivery order.

3.7. Pricing for this requirement shall be total cost per gallon, which shall include all applicable Delivery, Admin, Environmental, Tank Change Out, Fuel Surcharges, Federal, State and Local Taxes, Other Fees and Surcharges.

4.0. Special Requirements

4.1. The Contractor shall interface with designated points of contact (POC) that will receive and process the site's delivery tickets and supply Base Access Badges.

4.2. The Contractor shall obtain Defense Biometrics Identification System (DBIDS) Passes for employees that will be accessing the base.

4.3. The Contractor shall supply an annual economic cost adjustment factor to be utilized to adjust the contract costs according to Market fluctuations. This should be submitted as total cost per gallon. Cost adjustments will be capped at plus or minus 10% of the current market price.

4.4. The Contractor shall be able to accept modifications to the delivery order to add or delete accounts as necessary.

4.5. Contractor shall possess and maintain Federal, State, National, and, Local permits needed to transport material on and off the base as necessary.

4.6. Leased Tanks – The Contractor has 30 days from the start of the period of performance to replace eight (8) 1,000 gallon tanks and one (1) 500 gallon tank. The Contractor shall provide industry standard tanks in compliance with Federal, State, National and Local codes, standards and regulations governing services.

4.7. Government Owned Tanks (if applicable) – The Contractor shall provide all tank inspections to maintain compliance with all Federal, State, National and Local codes, standards, and regulations.

4.8. Contractor shall respond within an 8 hour timeframe for all urgent deliveries.

5.0. Invoicing

Invoices shall be submitted on a monthly basis only for the amount of propane actually delivered. All invoices shall be submitted to the following address for payment:

Utility Invoice Processing Center (Insert respective Government Account Number) Box 159 9226 Third Avenue Norfolk VA 23511-2313

6.0. Deliverables

6.1. The Government requires HD5 consumer grade propane with the following specifications:

6.1.1. Minimum of 90% propane

6.1.2. Maximum of 5% propylene

6.1.3. Other gases may constitute the remainder (iso-butane, butane, methane, etc.)

6.2. The HD5 specification is based on "allowable" contents. For instance, 99% propane and 1% propylene is HD5 grade propane the same as 95% propane and 5% propylene is HD5 propane.

Note: Although the product consistency and purity is different, both mixtures are considered HD5 because they fall within the allowable limits for the product to be named and labeled as such.

7.0. Security Requirements

All work identified by this PWS is unclassified in nature and a security clearance in not required. However, any contract employee assigned to this contract must be a U.S. citizen. The Contractor shall comply with all applicable Department of Defense (DOD) and Department of the Navy (DON) physical security regulations and procedures during the performance of this contract. Contractors shall not disclose and must safeguard procurement sensitive information, computer systems, privacy act data, ship movement schedules, and Government personnel work products that are obtained or generated in the performance of this contract.

8.0. Personnel Compliance

The Contractor shall ensure that contractor personnel observe and comply with all local and higher authority policies, regulations, and procedures concerning fire, safety, environmental protection, sanitation, security, traffic, parking, energy conservation, flag courtesy, "off limits" areas, and possession of firearms or other lethal weapons.

When two or more directives or instructions apply, the contractor shall comply with the more stringent of the policies.

9.0. Contractor Responsibility

The contractor shall comply with all security requirements in accordance with the directives and site specific regulations. The Government reserves the right to grant and revoke access for particular individual(s) to its facilities.

This will not constitute a breach of contract or change to the PWS. For the purposes of this PWS, the term "Contractor Employee" applies to all Contractor employees and sub-contractor employees performing work under this PWS and resultant contract.

10.0. CONTRACTOR UNCLASSIFIED ACCESS TO FEDERALLY CONTROLLED FACILITIES,

SENSITIVE INFORMATION, INFORMATION TECHNOLOGY (IT) SYSTEMS OR PROTECTED

HEALTH INFORMATION

Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 – “DoD Implementation of Homeland Security Presidential Directive – 12 (HSPD- 12)” dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

APPLICABILITY

This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance.

Each contractor employee providing services at a Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.

ACCESS TO FEDERAL FACILITIES

Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Command’s Security Manager upon arrival to the Command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

ACCESS TO DOD IT SYSTEMS

In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI).

All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity’s Command Information Assurance Manager.

Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) or T5 or T5R equivalent investigation, which is a higher level investigation than the National Agency Check with Law and Credit (NACLC)/T3/T3R described below. Due to the privileged system access, an investigation suitable for High Risk national security positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee’s duties, such employees shall in-process with the Command’s Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-N;

therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the “supervisor”.

The SAAR-N shall be forwarded to the Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.

When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

INTERIM ACCESS

The Command's Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.

DENIAL OR TERMINATION OF ACCESS

The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release.

CONTRACTOR’S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the Contractor’s Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity’s Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor’s Security Representative. The Contractor’s Security Representative shall be the primary point of contact on any security matter. The Contractor’s Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR

CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE

DUTIES

Security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Contractor employees under this contract are recognized as Non- Critical Sensitive [ADP/IT-II] positions when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC or T3 or T3R equivalent investigation to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The investigation consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:

SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product) Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission) Original Signed Release Statements

Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Command’s Security Manager upon arrival to the command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Employees requiring IT access shall also check-in and check-out with the Command’s Information Assurance Manager. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Information Technology resources. The SAAR-N shall be forwarded to the Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date.

The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Command Security Manager. The Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM); Potential suitability or security issues identified may render the contractor employee ineligible for the assignment. An unfavorable determination is final (subject to SF- 86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Command’s Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DOD Central Adjudication Facility (CAF) for a determination.

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor’s Security Representative. Although the contractor will take JPAS “Owning” role over the contractor employee, the Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee’s performance under the contract.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR

CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES

Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc.) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:

Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and

Must have a favorably completed National Agency Check with Written Inquiries (NACI) or T1 investigation equivalent including a FBI fingerprint check prior to installation access.

To be considered for a favorable trustworthiness determination, the Contractor’s Security Representative must submit for all employees each of the following:

SF-85 Questionnaire for Non-Sensitive Positions Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission) Original Signed Release Statements

The contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written Inquiries (NACI) or T1 investigation equivalent, or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM.

Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.

* Consult with your Command Security Manager and Information Assurance Manager for local policy when IT-III (non-sensitive) access is required for non-US citizens outside the United States.

ADDENDUM

ADDENDUM TO 52.212-1 - INSTRUCTIONS TO OFFERORS

In addition to FAR 52.212-1, “Instructions to Offerors – Commercial Items” and any other instructions contained elsewhere in this solicitation, the following instructions are provided.

The Government intends to award a Firm Fixed Price (FFP) contract as a result of this solicitation in accordance with FAR Part 12 and FAR Part 13. Award will be made to the quoter whose quote is most advantageous to the Government under the selection criteria set forth in this solicitation. The Government intends to evaluate quotes and award a contract based on initial quotes.

INSTRUCTIONS FOR SUBMISSIONS OF QUOTES:

(1) Quote shall be submitted electronically no later than the due date of the solicitation via email.

(2) Quoters shall comply with instructions for uploading attachments and inserting CLIN amounts. This includes the following:

i) Uploading the item Specifications, and Price

ii) Insert CLIN dollar amounts Quote shall include the following legend on each page:

Source Selection Information FAR 2.101 and FAR 3.104

QUOTE CONTENT:

The quote should contain the following items in addition to other information required by this solicitation.

The cover page should indicate the following:

. Request for Quote Number . Name and Address of Quoter, Cage Code, DUNS, and applicable TAX I.D Number (TIN) . Point of Contact name, telephone number, and email address . Proposal valid of 120 days following the solicitation closing date

Factor I – Meets Minimum Specifications

The quote shall provide proof that it meets the minimum specifications. The quote shall include listing of product specifications

Include as an attachment to the solicitation. There is no page limitation.

Factor II – Price

The Price Quote shall include the completed solicitation documents. The price quote shall include all elements of price and such other price information considered appropriate to support the quoter’s quote. The pricing information shall be completed in accordance with the following:

(a) All supplemental information to support proposed price, to include but not limited to fully burdened labor rates, and estimated level of effort by labor category

(b) Unless completed in SAM, 52.212-3 Offeror Representations and Certification – Commercial Items - Completed by the quoter.

The price submission is not page limited, but is strictly limited to price information.

ADDENDUM TO 52.212-2 - EVALUATION--COMMERCIAL ITEMS (OCT 2014)

The Government intends to award a Firm Fixed Price Contract resulting from this solicitation in accordance with FAR Part 13.

Award will be made to that quoter whose quote is most advantageous to the Government and represents the best value after the evaluation in accordance with the factors in the solicitation. The Government intends to evaluate quotes and award a contract based on initial quotes.

The selection of a quoter for award will be conducted in two phases. Phase I will consist of Factor I – Meets Minimum Specifications. Quoters receiving a rating of “Acceptable” in Phase I shall move on to Phase II. Phase II will consist of Factor II – Price.

The selection of a quoter for award will be conducted on a Lowest Price Technically Acceptable (LPTA) basis. This will be done by ranking quotes which moved on to Phase II according to price. A quoter’s proposed prices will be determined by adding all extended amounts for the CLINS. If the lowest priced quote is evaluated, that quote represents the best value for the Government and the evaluation process stops at this point. Award shall be made to that quoter without further consideration of any other quotes.

Phase I

Factor I – Meets Minimum Specifications

Factor I will be evaluated on an Acceptable/Unacceptable basis on whether the item(s) quoted meets the minimum specifications identified in the solicitation. This will be evaluated during Phase I on an Acceptable/Unacceptable basis in accordance with the Technical Acceptable/Unacceptable ratings Table 1 below. Failure to meet the minimum specifications will result in a rating of unacceptable.

Phase II

Factor II – Price

Total price will be evaluated taking into the account the total FFP. Price analysis will be used to evaluate price reasonableness.

The Government may evaluate any and all information submitted by the vendor to support the reasonableness of prices proposed. The method of evaluation used by the Contracting Officer is solely within the discretion of the Contracting Officer.

A written order in response to the vendor’s quotation will be e-mailed or otherwise furnished to the successful vendor. The Contracting Officer may ask the vendor to provide written acceptance of an order. In other circumstances the vendor may indicate acceptance by proceeding with the services ordered.

Vendors responding to this solicitation are advised that, prior to award, the government may request vendors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote.

Rating Tables

Technical Acceptable/Unacceptable Ratings Table

TABLE I

Rating Description Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation

Unacceptable Quote does not meet the minimum requirements of the solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 20,000 Gallon

BULK PROPANE BASE YEAR

FFP

Delivery of propane to buildings in accordance with the Statement of Work.

FOB: Destination

PURCHASE REQUEST NUMBER: N0018923RC0295

PSC CD: 9140

NET AMT

0002 8 Each

LEASE OF TANKS 1000 GL CAPACITY BASEYEAR

FFP

Lease of Tanks, 1000 galllons capacity to be installed on government furnished concrete slabs at Fort Pickett, VA, for the entire POP.

FOB: Destination

0003 1 Each

LEASE OF TANK 500 GL CAPACITY BASE

FFP

Lease of Tank, 500 galllons capacity to be installed on government furnished

1001 20,000 Gallon

OPTION BULK PROPANE OPTION I

FFP

Delivery of propane to buildings in accordance with the Statement of Work.

FOB: Destination

1002 8 Each

OPTION LEASE OF TANKS 1000 GL CAPACITY OPTION I

FFP

Lease of Tanks, 1000 galllons capacity to be installed on government furnished

1003 1 Each

OPTION LEASE OF TANK 500 GL CAPACITY OPTION I

FFP

Lease of Tank, 500 galllons capacity to be installed on government furnished

2001 24,000 Gallon

OPTION BULK PROPANE OPTION II

FFP

Delivery of propane to buildings in accordance with the Statement of Work.

FOB: Destination

2002 8 Each

OPTION LEASE OF TANKS 1000 GLCAPACITY OPTION II

FFP

Lease of Tanks, 1000 galllons capacity to be installed on government furnished

2003 1 Each

OPTION LEASE OF TANK 500 GL CAPACITY OPTION II

FFP

Lease of Tank, 500 galllons capacity to be installed on government furnished

3009 Each

CLIN IS VOID

FFP

DO NOT PRICE THIS CLIN

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government

2003 Destination Government Destination Government 3009 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 12-JAN-2023 TO

11-JAN-2024

N/A NAVAL FAC ENGINEERING CMD MID

LANT

KEVIN STOCK

MTC FORT PICKETT

1357 MILITARY ROAD

BLACKSTONE VA 23824

434-298-5534

N40085

0002 POP 12-JAN-2023 TO

11-JAN-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 12-JAN-2023 TO

11-JAN-2024

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 12-JAN-2024 TO

11-JAN-2025

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 12-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 12-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 12-JAN-2025 TO

11-JAN-2026

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 12-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 12-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3009 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.216-2 Economic Price Adjustment - Standard Supplies NOV 2021 52.217-5 Evaluation Of Options JUL 1990 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.211-7003 Item Unique Identification and Valuation MAR 2022 252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

MAY 2022

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

The Government intends to award a Firm Fixed Price Contract resulting from this solicitation in accordance with FAR Part 8.

Award will be made to that quoter whose quote is most advantageous to the Government and represents the best value after the evaluation in accordance with the factors in the solicitation. The Government intends to evaluate quotes and award a contract based on initial quotes.

The selection of a quoter for award will be conducted in two phases. Phase I will consist of Factor I – Meets Minimum Specifications. Quoters receiving a rating of “Acceptable” in Phase I shall move on to Phase II. Phase II will consist of Factor II –Price.

The selection of a quoter for award will be conducted on a Lowest Price Technically Acceptable (LPTA) basis. This will be done by ranking quotes which moved on to Phase II according to price. A quoter’s proposed prices will be determined by adding all extended amounts for the CLINS. If the lowest priced quote is evaluated, that quote represents the best value for the Government and the evaluation process stops at this point. Award shall be made to that quoter without further consideration of any other quotes.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2022) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision--

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field…