NNS16577543R_Amendment_001_Replacement_Pages.pdf

NNS16577543R

Amendment 001

Replacement Pages

PART I. SF 1449 Continuation:

Block 19 - 24: The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver uninterruptible supply of natural gas to

NASA’s existing metering stations, Stennis Space Center, MS 39529 in accordance with the

Description/Specifications/Performance Work Statement incorporated in Part III, Attachment A. The

Government anticipates the award of a firm-fixed priced contract with economic price adjustment resulting from this solicitation.

19 20 21 22 23 24

Item Supplies/Services Estimated

Quantity

Unit Estimated

FERC

Unit

Price

Fixed

Coefficient

Estimated

Delivery

Cost

Estimated

Amount

Base Year

160,000

MMBTU

6.00

Option 1, Year 2

186,400

6.50

Option 2, Year 3

193,856

7.00

Option 3, Year 4

201,610

7.50

Option 4, Year 5

209,675

8.00

TOTAL __________________

SF1449 BLOCK 15: Deliver to:

North Fee Area Boundary of Stennis Space Center, Station Location Number -2568, Stennis Space

Center, MS

SF1449 BLOCK 25: Accounting and Appropriation Data

To be completed upon contract award.

INVOICES

Invoices may be sent to the following address:

NASA/Shared Services Center (NSSC)

Financial Management Division/Accounts Payable

Building 1111, Road C

Stennis Space Center, MS 39529

Submit by email or facsimile to include the above information:

Email: nssc-accountspayable@nasa.gov

Facsimile Number: (866) 209-5415 mailto:nssc-accountspayable@nasa.gov

PART II. CONTRACT CLAUSES—

1. Contract Clauses incorporated by reference

52.202-1 Definitions. (NOV 2013)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (APR 2014)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.242-13 Bankruptcy. (JULY 1995)

52.244-6 Subcontracts for Commercial Items. (FEB 2016)

2. 52.212-4, Contract Terms and Conditions—Commercial Items, by reference (see SF 1449 block 27a)

Addendum to 52.212-4: The full text of a clause may be accessed electronically at these addresses:

http://www.arnet.gov/far http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm

3. 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders - Commercial Items (Mar 2016)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(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) 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. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

http://www.arnet.gov/far http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/

7. FAR 52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997) -

Alternate I (JUL 1995)

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material

(If none, insert “None”)

Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

8. FAR 52.223-5 -- Pollution Prevention and Right-to-Know Information (May 2011)

9. 52.232-18 Availability of Funds. (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

10. RESERVED

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11. NFS 1852.215-84 Ombudsman (November 2011)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and contractors during the preaward and postaward phases of this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman is not to diminish the authority of the contracting officer, the Source Evaluation Board, or the selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Therefore, before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution.

(b) If resolution cannot be made by the contracting officer, interested parties may contact the installation ombudsman, whose name, address, telephone number, facsimile number, and e-mail address may be found at: http://prod.nais.nasa.gov/pub/pub_library/Omb.html . Concerns, issues, disagreements, and recommendations which cannot be resolved at the installation may be referred to the Agency ombudsman identified at the above URL. Please do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer or as specified elsewhere in this document.

(End of clause)

12. NFS 1852.223-75, Major Breach of Safety and Security (February 2002)

13. NFS 1852.223-72, Safety and Health (Short Form) (July 2015)

14. NFS 1852.225-70, Export Licenses, (February 2000)

15. 1852.232-77 Limitation of Funds (Fixed- Price Contract). (MAR 1989)

(a) Of the total price of items 0001 through 0005 , the sum of $1.00 is presently available for payment and allotted to this contract. It is anticipated that from time to time additional funds will be allocated to the contract in accordance with the following schedule, until the total price of said items is allotted:

http://prod.nais.nasa.gov/pub/pub_library/Omb.html

PART III, ATTACHMENT A, PERFORMANCE WORK STATEMENT

1. SUPPLIES AND/OR SERVICES TO BE FURNISHED

The contractor shall deliver uninterruptible natural gas (Gas) supplies to the existing metering station of the National Aeronautics and Space Administration’s John C. Stennis Space Center, Stennis

Space Center (SSC), MS.

2. POINT OF DELIVERY

The point of delivery of natural gas shall be the North Fee Area Boundary of SSC (Station Location

Number – 2568).

3. CONTRACT PRICING

The Contractor shall supply natural gas in accordance with the terms and conditions of this contract for an annual fixed coefficient plus the monthly natural gas supply market price as identified in the

McGraw Hill publication “Inside FERC’s Gas Market Report” Prices of Spot Gas Delivered to

Pipelines Index for South Louisiana Henry Hub (monthly index). The price of Gas per MMBTU

(dry) under this contract shall be the sum of the monthly index and the annual coefficient. The total monthly bill shall be the sum of the monthly index and the annual coefficient multiplied by the actual MMBTUs delivered each month. The Contracting Officer will approve the economic price adjustment by unilaterally issuing a contract modification annually reflecting actual prices paid during the contract year

4. TAXES AND ROYALTIES

The Government shall not be obligated to pay any severance taxes, royalties, overriding royalties or any payments out of production due on such gas required by SSC. The Contractor shall cooperate with the Government to determine whether present or prospective state and/or local taxes applied to natural gas sales consistent with the principle that the property, functions, and instrumentalities of the Federal Government are immune from state taxation, provided that the Government shall be responsible for determining the appropriateness of any taxes. Immunity from taxation is clearest when the incidences of such taxes are directly traceable to the Government and are applied to the

Government as the end user. To the extent such taxes are included in the contractor’s price and are thereafter found to be improper, the Contractor’s price shall be adjusted accordingly.

5. FILINGS WITH REGULATORY AUTHORITIES

The Contractor shall file and pay for any filings covering this Contract with the applicable Federal, State, or local regulatory authorities on behalf of the Government and itself, and shall diligently prosecute all applications, notices, or reports required with respect to this Contract.

6. DATA REQUIREMENTS

With each monthly bill, the Contractor, in written and Microsoft Excel electronic format, shall provide the following data:

a. Volume of Gas provided, in Mcf.

b. Average Heating Value of Gas provided, in BTUs per cubic foot.

c. Energy provided, in MMBTUs.

d. Average Gas Temperature, in degrees Fahrenheit.

e. Daily Specific Gravity, an arithmetic average of hourly measurements.

f. Test data to validate that the gas quality requirements in Section 11 have been met.

For each contract year, the Contractor shall provide a subscription to “Inside FERC’s Gas Market

Report”, to be delivered to the COTR.

7. DEFINITIONS

a. Natural Gas – “Natural Gas” (Gas) shall mean any mixture of hydrocarbons or of hydrocarbons and non-combustible gases, in a gaseous state, consisting essentially of methane.

b. British Thermal Unit (BTU) – One BTU is defined as the quantity of heat required to raise the temperature of one-pound avoirdupois of pure water from fifty-eight and five-tenths degrees Fahrenheit to fifty-nine and five-tenths degrees Fahrenheit at a constant pressure of fourteen and seventy-three hundredths pounds per square inch absolute (14.73 psia).

c. Heating Value – “Heating Value” shall mean the number of BTUs produced by the complete combustion, at a constant pressure, of the amount of dry (saturated) gas which would occupy a volume of one (1) cubic foot at a temperature of sixty degrees Fahrenheit (60oF), at a constant pressure of fourteen and seventy-three hundredths pounds per square inch absolute

(14.73 psia) and under standard gravitational force (acceleration of 980.665 cm per second per second) expressed in BTUs per cubic foot.

d. One Thousand Cubic Feet (Mcf) – “Mcf” shall mean the quantity of natural gas occupying a volume of one thousand (1,000) cubic feet at a temperature of sixty degrees Fahrenheit

(60oF) and at a pressure of fourteen and seventy-three hundredths pounds per square inch absolute (14.73 psia).

e. MMBTU – “MMBTU” means one million (1,000,000) BTUs.

f. Assumed Atmospheric Pressure – The average atmospheric pressure shall be assumed to be fourteen and seventy-three hundredths (14.73) pounds per square inch, irrespective of actual elevation or location of the point of delivery above sea level or variations in such atmospheric pressure from time to time.

8. QUALITY

All natural gas (Gas) supplied under this contract shall be of pipeline quality, and shall conform to the following specifications: Gulf South Pipeline Company FERC NGA Gas Tariff Seventh Revised

Volume No. 1, Effective February 1, 2011, Section 6.3 GT&C- Quality of Gas Version 2.0.0)

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9. MEASUREMENT

a. Unit of Measurement Metering Base: The volumetric measurement base shall be one (1) cubic foot of gas at a pressure base of fourteen and seventy-three hundredths pounds per square inch absolute (14.73 psia), at sixty degrees Fahrenheit (60oF), and without adjustment for water vapor content. To determine the volume of gas delivered, factors for pressure, temperature, specific gravity and deviation from Boyle’s Law shall be applied. The measurement shall be corrected for deviation from Boyle’s law at the pressures and temperatures under which gas is measured by use of the NX-19 formula appearing in the manual entitled “PAR Research Project NX-19, Extension of Range of Supercompressibility

Tables”, AGA Catalogue No. 48/PR, published by the AGA in 1963, or as supplemented or amended from time to time.

b. Temperature: The temperature of the natural gas flowing through the meter or meters shall be the arithmetic average of the hourly temperature record; or read from established tables of monthly averages for the service location.

c. Specific Gravity: The specific gravity of the gas flowing through the meter or meters may be determined by the use of a recording gravitometer furnished and installed by the contractor so that it will properly record the specific gravity of the gas flowing through the meter or meters, or by the use of a chromatograph, continuous gas sampler, or by the taking of gas samples. The arithmetic average of hourly specific gravity measurements recorded each day shall be used in computing the volume of gas for that day. The specific gravity of the composite sample taken from a continuous gas sampler shall be considered as the specific gravity of the gas delivered during the applicable period of sampling. If the specific gravity is determined by a portable gravitometer or chromatograph, or from the taking of samples, the result shall apply to gas deliveries for the day of the test and for all flowing days until a new test is taken. All specific gravity determinations made with a chromatograph shall use physical gas constants for gas compounds as outlined in the most recent edition of ANSI/API

2530 on “Orifice Metering of Natural Gas”.

d. Measuring Equipment: The Contractor shall furnish, install, maintain, operate, calibrate, and read, at its expense, a measuring station properly equipped with displacement or orifice meters and other necessary measuring equipment of standard manufacture by which the volume and heating value of the gas delivered to the metering point hereunder shall be measured. The Contractor may utilize the measurement facilities provided by Gulf South

Pipeline Company at the delivery point to the extent allowed by Gulf South. Where measurement is by orifice meter, all fundamental constants, observations, records, and procedures involved in the determination and/or verification of the quantity and other characteristics of gas delivered shall be in accordance with the standards prescribed in the most recent edition of ANSI/API 2530 on “Orifice Metering of Natural Gas”. Measurement by turbine meter shall be in accordance with the most recent edition of AGA Report No. 7.

Where measurement is by other than orifice meter, standards commonly acceptable in the industry shall be used in determination of all factors involved in the computation of gas volumes.

The Government may install check-measuring equipment, as it shall desire, provided that such equipment shall be so installed as not to interfere with the operations of the Contractor.

The contractor shall have access to such check-measuring equipment at all reasonable hours, but the reading, calibration, and adjustment thereof and the Government shall do the changing of charts unless otherwise agreed upon.

Both the Contractor and the Government shall have the right to be present at the time of installation, reading, cleaning, changing, repairing, inspecting, testing, calibrating or adjusting done in connection with the other’s measuring equipment used in measuring deliveries. The records from such measuring equipment shall be made available upon request in which case each will submit to the other its records and charts, or true copies thereof, together with calculations there from, for inspection and verification.

Reasonable care shall be exercised in the installation, maintenance and operation of any pressure regulating equipment so as to avoid any inaccuracy in the determination of the volume of gas delivered.

e. Meter Tests: The Contractor shall inspect, test, and calibrate the measuring equipment upon installation, and periodically thereafter, at the Contractor’s expense. The Contractor shall notify the Government Contracting Officer one (1) week prior to such inspections and tests in order that a representative of the Government may be present. Whenever any meter or measurement device is found to be defective, the Contractor shall take immediate steps to replace or repair the defective equipment. The Government shall have the right to request a special meter test at any time. If any test made at the Government’s request discloses that the equipment tested is registering within the established standards, the Government shall bear the expense of such test. The expense of other tests shall be borne by the Contractor. In any event, at its option, the Government may, subject to an arrangement satisfactory to the

Contractor and at the Government’s expense, have such meter or meters, as it deems inaccurate, tested by the National Institute of Standards and Technology (NIST), the findings of which shall be conclusive.

f. Correction of Metering Errors: If upon any test the measuring equipment in the aggregate is found to be inaccurate by three percent (3.0%) or more, registration thereof and any payments based upon such registration shall be corrected at the rate of such inaccuracy for any period of inaccuracy which is definitely known or agreed upon, but in case the period is not definitely known or agreed upon, then for a period extending back one-half (1/2) of the time elapsed since the last day of calibration.

g. Meter Reading: The Contractor, so far as possible, shall read all meters at periodic intervals of approximately thirty (30) days, unless otherwise agreed upon. All billings based upon meter readings of less than twenty-seven (27) days or more than thirty-three (33) days shall be prorated accordingly.

h. Failure of Meters: If for any reason the measuring equipment is out of service or out of repair so that the quantity of gas delivered through such measuring equipment cannot be ascertained or computed from the readings, the quantity of gas so delivered during the period in which the measuring equipment is out of service or out of repair shall be estimated and agreed upon by the Contracting Officer and the Contractor, using the best available data, using the first of the following methods which is feasible:

(i) By using the registration of any duplicate measuring equipment installed by the

Contractor if installed and registered correctly;

(ii) By correcting the error if the percentage of error is ascertainable by calibration, test, or mathematical calculation;

(iii) By using the registration of any check measuring equipment of the Government if installed and registering accurately;

(iv) By estimating the quantity of deliveries by deliveries during preceding periods under similar conditions when the measuring equipment was registering accurately.

10. PIPELINE AGREEMENT

NASA/SSC has a current transportation agreement with Gulf South Pipeline Company, LP, owner of the pipeline. NASA’s agreement with Gulf South Pipeline Company, LP expires on March 31 2017.

The Successful Offeror can utilize this agreement until they have established their own agreement.

Additionally, the Successful Offeror shall include if their monthly invoice to NASA, the applicable charges from Gulf South Pipeline Company, LP per the agreement. The Successful Offeror shall develop their own transportation usage agreement with Gulf South Pipeline Company, LP which shall be maintained throughout the entire period of performance of the contract to ensure uninterrupted service. Additionally, the successful Offeror shall provide the Contracting Officer with a copy of the most current agreement on an annual basis as well as maintain a current copy for their files throughout the performance of the contract.

11. HIGH PRESSURE NATURAL GAS ODORANT INJECTION

The Contractor is also responsible for the provision of high pressure natural gas for the purpose of odorant injection at the NASA odorizing station located in close proximity to the Pipeline

Company’s pressure reducing station.

Specifically, furnish/allocate a port/connection typically ¼ pipe thread upstream (i.e., the high pressure side) of the pipeline Co. pressure reducer where it is currently 300psi. It will be the responsibility of NASA to connect piping/tubing to the identified port and route to the odorizer, as well as the installation of a regulator to reduce the pressure to 70psig.

Gas consumption via the new tubing will not be recorded by the Supplier’s meter. However, it will be recorded as part of the total gas consumption by NASA’s meters. This task is currently accomplished using nitrogen gas from 2200 Pound cylinders at the rate of one cylinder per week.

Such small amount may be within allowable variances between NASA and Supplier’s meter readings for billing purposes.

provide a hard copy of the completed Reps and Certs. With your proposal.

i. The proposals shall be submitted on hard copy NLT 3PM CST, JUNE 3, 2016 to the following address:

NASA/ John C. Stennis Space Center

ATTN: Rachel Clayton, Office of Procurement/DA20

Stennis Space Center, MS 39529-6000

The offeror shall provide three hardcopies of the entire proposal. One-sided print is preferable to allow for easy duplication.