NFFM77232201834 Statement of Need RFQ.docx

STATEMENT OF NEED

1.0 The National Marine Fisheries Service (NMFS), a part of the National Oceanic and Atmospheric Administration (NOAA) of the Department of Commerce (DOC), is a governmental agency charged with the mission of stewardship for living marine resources. James J. Howard Laboratory is located at 74 Magruder Road, Sandy Hook, NJ 07732-4054.

2.0 General Requirements

2.1 Scope of Work. Contractor shall provide all plant, trained labor, equipment, supplies, transportation, and quality control necessary to provide delivery of low sulfur #2 diesel heating oil (fuel) to 74 Magruder Road, and the James J. Howard Laboratory Sandy Hook, New Jersey.

2.1.1 The contractor and sub-contractor (if utilized) shall be fully knowledgeable of all requirements of the contract documents and shall make themselves aware of all job site conditions that will affect their work. Contractor shall be responsible for the delivery and unloading of the product. Contractor shall execute operating procedures for the safe and professional delivery and unloading of the product. Work shall be accomplished in accordance with the terms and conditions of the contract in a safe and professional manner. Contractor is responsible for damage to any Government equipment, supplies, or facilities caused by Contractor personnel. Contractor shall respond to government inquiry and calls within 48hrs of notification by the government representative.

2.2 Place of Performance. The NEFSC and James J. Howard Laboratory 74 Magruder Road, Sandy Hook, New Jersey 07732-4054. Point of Contact (POC) will provide a 48-hour notice prior to delivery. POC will unlock oil tanks and POC shall witness the unloading process.

2.3 Period of Performance. May 1, 2022 through April 30, 2023

2.4 Hours of Operation. Contractor shall perform work between the hours of 7:00AM – 3:30PM Eastern Standard Time (EST) Monday through Friday with the exclusion of all federal holidays. The Federal Holiday home page can be found at www.opm.gov/fedhol.

3.0 Security Requirements. Security Clearances are not required. The Government reserves the right to deny access to Government facilities/property at any time, for any reason. The Government will not be held liable for any delays or breach of contract caused by refusal to allow entry.

3.1 Contractor employees and associated subcontractors performing under this contract MUST be U.S. citizens or MUST have established and maintain legal residence in the U.S., and be authorized by the US Government to work in the United States (i.e. Green card, worker authorization, etc.). All Contractor employees and all associated subcontractors performing under this contract MUST have at least one form of US Government issued photo identification (driver’s license, US passport, US work visa, etc.) for entry to the Government facility/property.

3.1.2 National Agency Check with Inquires (NACI). Not required. This is a low risk non IT service contract of 180 days or more which require a NACI for Contractor employees, or associated subcontractor(s) when access to a DOC owned, leased, or controlled facility is required for performance. This service does not require access of Contractor employees or associated subcontractor(s) into DOC owned, leased, or control facilities. Due to the POC establishing preset schedule where government employees will be present on site during the actual performance of Work, it has been determined that NACI for personnel performing under this contract will not be required.

3.1.3 Contractor employees and associated subcontractor personnel, vehicles, and property under their control are subject to search upon entering or exiting the installation, or at any point while on the installation. Any vehicles or personnel found in possession of prohibited items will be removed, and/or barred, from the installation and released to the appropriate civil authorities.

3.1.4 Government reserves the right to exclude or remove from the site any Contractor employee of the Contractor or associated subcontractor whom the Government deems incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment on the contract is deemed by the Government to be contrary to the public interest.

4.0 Safety, Security, Fire Protection, Environmental Controls, Conservation of Utilities, and Compliance with Laws and Regulations.

4.1 Safety Requirements. Contractor shall take all necessary precautions to meet proper safety standards, and regulations of all local, state and federal codes and regulations.

4.1.1 Contractor shall record and report promptly to the CO and POC, all available facts relating to each instance of damage to Government property or injury to either Contractor or Government personnel.

4.1.2 If the Government elects to conduct an investigation of the accident/mishap, the Contractor shall cooperate fully and assist government personnel in the conduct of investigation until the investigation is completed.

4.1.3 While on Government property, Contractor shall not use a cell phone while operating a vehicle or other motorized equipment unless the operator is utilizing a hands-free device as such is prohibited by Federal regulations. Motor vehicle regulations are strictly enforced and excessive violations may result in the loss of driving privileges on the Government facility.

4.1.4 While on Government property, smoking will only be in authorized designated areas.

4.2 Security. There are no specific security requirements for performance under this contract.

4.3 Fire Protection Requirements. The emergency telephone number for NEFSC/FSB East Falmouth, Massachusetts is 911. Contractor shall comply with government evacuation procedures.

5.0 Government Roles.

5.1 The Contracting Officer (CO) is the only individual with the authority to authorize changes within this contract that will have an effect on the scope, and monetary values (increase or decrease) of contract.

5.2 The Point of Contact (POC) is the individual designated and authorized in writing by the CO at contract award to perform administrative functions on the contract. The key role of the POC is to observe, document, and communicate Contractor performance to both the CO and Contractor. All coordination and correspondence should be forwarded through the POC to the CO. POC and alternate POC (if applicable) will be responsible for the inspection and acceptance of performance and any deliverables under the contract. The POC does NOT have authority to change the terms and conditions of the contract. When, in the opinion of the Contractor, the POC requests efforts outside the existing scope of the contract, the Contractor shall promptly notify the CO in writing. Contractor under such direction shall take no action until the CO has resolved the issue or has otherwise issued a modification to the contract. POC information is identified as: (to be determined at time of award).

6.0 Government Responsibilities:

6.1 Government shall inspect the Work performed under this contract. Any corrective action required as a result of the inspection will be accomplished prior to final monthly billing. Government will document instances of deficiencies.

6.2 Contractor may be notified of deficiencies in performance in writing by the POC/CO. Oral deficiency notifications will be confirmed in writing by the POC/CO. Contractor shall take prompt corrective action upon notice of deficiency. Prompt is defined as within 24 hours of notification.

6.3 Government personnel other than COs and the authorized POC, may, with CO coordination, observe Contractor operations. However, these personnel may not interfere with Contractor performance or make any changes to the contract.

6.4 Government Furnished Property, Materials, Equipment and Services (GFP/M/E/S). Not applicable. Government dumpsters shall not be used by the Contractor.

7.0 Contractor Roles, Responsibilities, and Tasks.

7.1 Contractor is shall ensure all employees; sub-contractors, vendors, and other company representatives are responsible for all means and methods as they relate to safety and shall comply with all applicable OSHA, NEC, NFPA, EPA, Government Agencies, Professional Associations, Councils, Institutes, Manufacturer, Laws, Cods and Standards concerning environmental pollution prevention control, transportation, and handling of fuels requirements (low sulfur #2 diesel heating oil).

7.1.1 Contractor shall follow all New Jersey, Environmental Protection Agency, Department of Transportation, licensing, certifications, training and requirements for the transport and delivery of fuels.

7.1.2 Contractor shall provide daily instructions to personnel performing under this contract to maintain a safe environment for the facilities’ occupants, including staff, visitors, customers and the occurrences of the general public on or near the work site. Contractor shall comply with the requirements of 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA). The Contractor shall promptly correct any non-complying work or conditions. The Government nor its representatives shall bear any responsibility for safety precautions at the project work site.

7.1.3 Contractor shall pay for and carry all required insurances and permits as required by the state of New Jersey, EPA and DOT.

7.1.4 Contractor ensure all personnel performing fuel delivery services under this contract shall have a minimum of five (5) years’ experience in delivering and transporting fuel oil in the state of New Jersey.

7.1.5 Contractor shall provide protection of surrounding area during delivery, and shall immediately repair any damage caused, and clean up any debris caused by the contractor delivery process.

7.1.6 Contractor shall immediately inform the POC of any environmentally hazardous situations that may arise as well as contact required regulatory agencies.

7.2 CLIN 0001 Contractor shall deliver (not to exceed the awarded cost) based on an estimated not to exceed quantity of 40,000 gallons of low sulfur #2-diesel heating oil to 74 Magruder Road, and the James J. Howard Laboratory, Sandy Hook, New Jersey. Current product standards apply. Contractor must comply with the current national Fuel Quality Standards and (US) ASTM fuel quality standards for products produced or manufactured and supplied under this contract. The government reserves the right to test for compliance with these standards.

7.3 CLIN 1001 Contractor shall deliver optional quantity (only as executed by official modification) (not to exceed the awarded option cost) based on an estimated not to exceed quantity of 10,000 gallons of low sulfur #2-diesel heating oil to 74 Magruder Road, and the James J. Howard Laboratory, Sandy Hook, New Jersey. Current product standards apply. Contractor must comply with the current national Fuel Quality Standards and (US) ASTM fuel quality standards for products produced or manufactured and supplied under this contract. The government reserves the right to test for compliance with these standards.

7.4 Contractor shall deliver product to 74 Magruder Road and the James J. Howard Laboratory (directly across from 74 Magruder Road). There are two (2) underground storage tanks at this location. One tank on each side of Magruder Road.

7.4.1 Tank #1 – Tank capacity is 12,000 gallons. Gravity fill only.

7.4.2 Tank #2 – Tank capacity is 6,000 gallons. Gravity fill only.

7.5. Contractor shall adhere to the following delivery schedule. Deliver Schedule for CLINS 0001 & 1001 shall be on demand (as needed basis). Delivery shall be completed within 48 hours of request for delivery.

7.6 Contractor shall adhere to the following pricing method. Pricing shall be based on the rack price the day of delivery using the applicable/appropriate Oil Price Information Service (OPIS) Rack Price Index, plus vendor’s fixed mark-up price and other regulatory fees as provide in quote schedule. Pricing for fuels shall be in US currency calculated to 2 decimal places in accordance with the following:

7.6.1 If the 3rd decimal place is five (5) or greater, the 2nd decimal place is rounded up by one (1).

7.6.2 If the 3rd decimal place is less than five (5), the 2nd decimal place is not changed.

7.7 Acceptance of Product.

7.7.1 Contractor shall leave the delivery slip with the POC.

7.7.2 Non-Conformance: The government reserves the right to conduct quality testing. If said testing reveal that any supplied product is non-conforming, the following shall apply:

7.7.2.1 The government will not be required to pay for any product found to be non-conforming. If payment has already occurred, then the contractor at its own cost will remove any non-conforming product supplied.

7.7.2.2 Contractor shall re-supply an equal amount of fuel that does conform, at no extra cost to the government.

7.7.2.3 Contractor accepts liabilities for any damages to government equipment due to the non-compliant product.

7.8 Contractor shall not cause or permit any hazardous material to be brought upon, kept or used in or about the premises by its agents, employees, or subcontractors without the prior consent of the Government. Hazardous materials that are necessary to the performance of this contract shall be used, kept, stored and disposed of in a manner that complies with all applicable laws regulating any such hazardous material brought upon or used or kept at the work site.

7.8.1 As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste, including but not limited to, those substances, materials, and wastes listed in the Department of Transportation hazardous Material Table (49 CFR 172.101) or by the Environmental protection Agency as hazardous substances (40CFR Part 68.130) and amendments thereto, petroleum products, or such other substances, material, and wastes that are or become regulated under any applicable local, state, or Federal law.

8.0 IT Security. Not applicable. Requirements of 48 CFR 1352.239-73 do not apply and a Security Accreditation Package is not required.

9.0 Invoicing. Contractor shall prepare and submit a “proper” invoice to the POC for approval [with a copy to the contracting officer for information]. All invoices shall be submitted after delivery of product. Proper invoices must include as a minimum:

a) Name and address of the Contractor.

b) Name (where applicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

c) Invoice date and invoice number (Contractors should date invoices as close as possible to the date of mailing or transmission). Electronic submission of invoices is preferred.

d) Contract Number

e) Contract Line Item Number being billed, with description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed

f) The invoice shall include all applicable taxes, to include but not limited to the Federal Excise Tax Diesel, Government Tax ID number will be provided upon request, therefore exclude the State Excise Tax.

9.1 Government will return improper invoices to the Contractor and payment will not be made until receipt of a proper invoice. Contractor shall send invoices in accordance with the terms and conditions of this contract to the following address (electronic submission of invoices is preferred): nmfs.nec.invoices@noaa.gov

9.1.1 Payments resulting from approved and accepted invoices will be made via Electronic Funds Transfer (EFT) in accordance with the business System for Awards Management (SAM) registration information.

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