0526 Amendment 0004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE J

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

April 19, 2010

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

Camp Pendleton, CA

6. ISSUED BY CODE

SP0600 7. ADMINISTERED BY (If other than Item 6) CODE

DEFENSE ENERGY SUPPORT CENTER

8725 JOHN J. KINGMAN RD., SUITE 4950

FT. BELVOIR, VA 22060-6222

BUYER/SYMBOL – PATRICIA PETERSON/DESC-BXB

PHONE - (703) 767-9339 FAX - (703) 767- 9338 6.5

E-MAIL: Patricia.Peterson@dla.mil

8. NAME AND ADDRESS OF CONTRACTOR (NO., street,city,county,State,and ZIP Code)

X

9a. AMENDMENT OF SOLICITATION NO.

SP0600-09-R-0526

9b. DATED (SEE ITEM 11)

September 8, 2009

10a. MODIFICATION OF CONTRACT/ORDER

NO.

10b. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ ] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ ] is extended, [ ] is not extended Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning ____1___ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or(c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

X

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: MUTUAL AGREEMENT OF THE PARTIES

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor [] is not, [ X ] is required to sign this document and return ___1____ copy to the issuing office.

4. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

a. Clauses I18.15 Employment Eligibility Verification (JAN 2009), I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) IMPLEMENTATION (SEP 2009), and clause I116 FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DESC APR 2009) are incorporated into the solicitation. The clauses can be found on pages 2-4.

b. Changes to the Performance Work Statement (PWS) and updated answers to some of the technical questions can be found on pages 5-7.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME OF CONTRACTING OFFICER

15B. NAME OF CONTRACTOR/OFFEROR

BY

(Signature of person authorized to sign)

15C.DATE

SIGNED

16B. UNITED STATES OF AMERICA

BY

(Signature of Contracting Officer)

16C.DATE

SIGNED

NSN: 7540-01-152-8070 30-105 STANDARD FORM 30(REV 10-83)

Amendment 0004

I18.15 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

(a) DEFINITIONS. As used in this clause, Commercially available off-the-shelf (COTS) item--

(1) Means any item of supply that is--

(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in Section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1707), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), bulk cargo means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

Employee assigned to the contract means an employee who has hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee--

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S.

Virgin Islands.

(b) ENROLLMENT AND VERIFICATION REQUIREMENTS.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall--

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of--

(i) All new employees.

(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government of the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of--

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the Contractor’s decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program

MOU.

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official.

(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must enroll in E-Verify.

(c) WEB SITE. Information on registration for use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web Site: http://www.dhs.gov/E-Verify.

(d) INDIVIDUALS PREVIOUSLY VERIFIED. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee--

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors.

(e) SUBCONTRACTS. The Contractor shall include the requirements of this clause, including this paragraph (e) (approximately modified for identification of the parties), in each subcontractor that--

(1) Is for --

(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,000; and

(3) Includes work performed in the United States.

(FAR 52.222-54)

I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) IMPLEMENTATION (SEP 2009)

(a) Public Key Infrastructure (PKI) certification is required when work performed under this contract/task order requires access to DLA/DESC or United States Government information systems.

(b) The preferred option for (PKI) certification is through a Common Access Card (CAC) as mandated by Homeland Security Presidential Directive 12. CACs are normally issued and obtained at a Real-Time Automated Personnel Identification System (RAPIDS) site. A directory of RAPIDS sites is available at http://www.dmdc.osd.mil/rsl/owa/home. Guidance for obtaining a CAC is identified in FAR 52.204-9.

(c) In cases where contract performance is not on a U.S. Government installation and is not within reasonable access of a RAPIDS site, the contractor shall obtain Department of Defense (DOD) PKI certificates through the External Certificate Authority (ECA) Program from one of three approved vendors. These ECA vendors are found on the DOD PKI Customer Support Web Page located at this hyperlink:

http://iase.disa.mil/pki/eca/index.html.

(d) DESC Business System Modernization – Energy (BSM-E) applications require IT III level access in accordance with DOD Instruction 8500.2, Paragraph E2.1.36.

(1) A National Agency Check with written Inquiry (NACI) or equivalent investigation shall be obtained for personnel using BSM- E applications. Personnel accessing BSM-E applications by means of ECAs will follow those portions of FAR 52.204-9 necessary to obtain the required background investigation.

(2) BSM-E application instruction is provided in DESC Interim Guidance 24, Requesting Access to DESC Automated Information System (AIS) Applications. This guidance is located at https://www.desc.dla.mil/DCM/Files/DESC-I-24_1.pdf.

(e) The contract price includes all costs associated with obtaining CACs or ECAs.

(f) The Contractor will provide the Contracting Officer or designated Contracting Officer’s Representative (COR) the roster of employees requiring PKI certificates. The Contracting Officer/ COR will work in association with agency Trusted Agents to verify Contractor employees in accordance with CAC and ECA procedures.

(DESC 52.204-9F10)

I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DESC APR 2009)

(a) Government-owned petroleum products received, stored, and transported under this contract are governed by the provisions of this clause.

http://www.dhs.gov/E-Verify� http://www.dmdc.osd.mil/rsl/owa/home� http://iase.disa.mil/pki/eca/index.html� https://www.desc.dla.mil/DCM/Files/DESC-I-24_1.pdf�

(b) Title to any Government-owned petroleum products in the possession of or under the custody of the Contractor by reason of this contract, which is hereinafter referred to in this clause as "such property," shall at all times remain in the Government, and such property shall be used only for the purposes set forth in this contract. The Government shall at all times have access to the premises wherein any such property is located. When product is received on an f.o.b. destination basis, the Product Supplier or his representative may witness all quantity and quality functions during the receipt of the product into Government-owned Contractor-operated/Contractor-owned Contractor-operated tanks.

(c) The Contractor shall protect and preserve such property in a manner consistent with sound industrial practice.

(d) At the end of the contract period the Government may abandon any Government-owned petroleum products in place, at which time all obligations of the Government regarding such abandoned petroleum products shall cease. The contract price shall be reduced to reflect the fair market value of any abandoned petroleum products. If an agreement as to compensation for abandoned petroleum products cannot be reached in a timely manner, the Contracting Officer will make a formal determination. The decision will be subject to resolution in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause.

(e) The Contractor shall not be liable for loss of or damage to such property while in the possession of or under the custody of the Contractor by reason of this contract, or for expenses incidental to such loss or damage, except that the Contractor shall be liable for any such loss or damage (including expenses incidental thereto)--

(1) Which results from negligence, or bad faith, or willful misconduct of the Contractor, its employees, or agents; or

(2) Which results from a risk that is in fact covered by insurance or for which the Contractor is otherwise reimbursed, but the Contractor in such case shall be responsible only to the extent of such insurance or reimbursement.

(f) Except for those risks assumed by the Contractor pursuant to subparagraph (e)(1) of this clause, the Contractor represents and warrants that the prices stated in the Schedule do not include the cost of insurance covering risk or loss of or damage to such property while in the possession of or under the custody of the Contractor by reason of this contract, nor any provision for a reserve to cover such risk. In the event the Contractor is reimbursed or compensated for any loss or damage to such property, it shall reimburse the Government. The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any such loss or damage and, upon the request of the Contracting Officer, shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

(DESC 52.245-9F25)

Changes to the PWS:

Revised Section C-3.1.1- Revised requirements on chart below:

Projected Monthly Bulk Usage

Locatio n Fuel Type

FY 09

Gallons

FY 09

Mo. Usage

14 Area Bio-Diesel 69,978 5,831

JP8 237,500 19,792

52 Area Bio-Diesel 0 0

JP8 237,500 19,792

Revised Section C-3.1.2 - Revised requirements on chart below:

Projected Monthly Retail Usage

Location Fuel Type

FY 09

Gallons

FY 09

Mo. Usage

14 Area Unleaded 32,265 2,689

Bio-Diesel 72,247 6,021

E-85 32,265 2,689

JP8 103,468 8,622

21 Area Unleaded 59,742 4,979

JP8 132,729 11,061

22 Area Unleaded 118,666 9,889

Bio-Diesel 406,902 33, 908

E-85 118,666 9,889

41 Area Unleaded 15,000 1,250

JP8 50,000 4,167

43 Area Unleaded 84,176 7,014

E-85 84,176 7,014

JP8 272,513 22,709

52 Area Unleaded 15,000 1,250

Bio-Diesel 47,335 3,945

JP8 105,297 8,775

Revised- C-5.1.1.5 Estimated Usage: Figure 2 represents the average monthly estimates for bulk fuel usage and Figure 3 represents the average monthly estimates for retail for all locations combined. This chart is an estimate and not conclusive.

Revised Figure 2: Average Bulk Monthly Usage Estimates (Figures in Gallons)

Projected Monthly Bulk Usage

Fuel Type

FY 09

Gallon s

FY 09

Mo. Usage

Total s

Bio- Diesel 69,978 5,831

JP8 475,00

0 39,583

Revised Figure 3: Average Retail Monthly Usage Estimates (Figures in Gallons)

Projected Monthly Retail Usage

Fuel Type FY 09

Gallons FY 09 Mo.

Usage

Totals

Unleaded 324,849 27,071 E-85 235,107 19,592

Bio-Diesel 526,484 43,874

JP8 664,007 55,334

Revised C-5.1.10 Additional requirements for specific COCO sites:

5.1.10.1 14 Area Bulk site: Contractor must have the ability to dispense bulk and retail JP-8 and Bio-Diesel; E-85 and Unleaded gasoline (retail only) simultaneously.

5.1.10.2 52 Area Bulk site: Contractor must have the ability to dispense bulk and retail JP-8 and retail only for Biodiesel and Unleaded gasoline simultaneously.

5.1.10.3 41 Area Retail point: Facility shall be unmanned and provide for 24/7 operation. Contractor must have the ability to dispense JP-8 and Unleaded gasoline from the retail points simultaneously.

5.1.10.4 43 Area Retail point: Facility shall be unmanned and provide for 24/7 operation. Contractor must have the ability to dispense JP-8, E-85 and Unleaded gasoline from the retail points simultaneously.

5.1.10.5 21 Area Retail point: Facility shall be unmanned and provide for 24/7 operation. Contractor must have the ability to dispense JP-8 and Unleaded gasoline from the retail points simultaneously.

5.1.10.6 22 Area Retail point: Facility shall be unmanned and provide for 24/7 operation. Contractor must have the ability to dispense Bio-diesel, Unleaded gasoline and E85 from the retail points simultaneously.

MCB Camp Pendleton Projected Retail Usage and Transactions

Location Fuel Type FY 09 Gallons Transactions

Transaction per Day* (248 working days)

14 Area

Unleaded 32,265 2,889 12 Bio-Diesel 72,247 3,378 14

E-85 32,265 2,889 12

JP8 103,468 3,448 14

21 Area Unleaded 59,742 4,548 18

JP8 132,729 4,083 16

22 Area Unleaded 118,666 15,025 61 Bio-Diesel 406,902 18,371 74

E-85 118,666 15,025 61

41 Area Unleaded 15,000 1,240 5

JP8 50,000 3,720 15

43 Area Unleaded 84,176 6,032 24

E-85 84,176 6,032 24

JP8 272,513 9,554 39

52 Area Unleaded 15,000 1,240 5 Bio-Diesel 47,335 2,613 11

JP8 105,297 4,911 20

MCB Camp Pendleton Projected Bulk Usage and Transactions

Location Fuel Type FY 09 Gallons Transactions

14 Area Bio-Diesel 69,978 81

JP8 237,500 150

52 Area JP8 237,500 150

Additional changes to requirements:

Proposed plans submitted do not provide detail/sufficient information on how they plan for continuing fueling operations in 21 and 22 Areas during COCO set up and demolition periods. Provide detail, in drawings and narrative, how continuing fueling operations can be achieved during COCO/demo periods.

Existing UST and Piping Diagrams for 21 and 22 Area sites have been provided via attachment to this amendment to help bidders provide more detailed responses as required above.

Change to answer to Question # 9 from Amendment 2: Clarification- No GFE, GFM, or GFP will be available to the contractor. No tanks, buildings, equipment or systems will be available for the contractors. All six locations will be COCOs and all proposals must reflect that in the responses. Fueling services at 21 and 22 Areas must continue until the new COCOs at those locations come on line.

Change to answer to Question #11 from Amendment 2: Contamination encountered that occurred prior to DESC capitalization in Dec 09 will be the responsibility of CPEN to fund for cleanup. Contaminated soil which could potentially be encountered during excavations at the 21 and 22 Area Sites will be worked through Base Environmental Security. The awarded DESC bidder will stage any contaminated soil found at either of these two sites at an approved location and in a manner determined by Base Environmental Security.

Change to answer to Question #26 from Amendment 2: E-85 requirements added for 14, 22 and 43 Areas. Updated chart provided in this amendment under Section C-3.1.2 has the correct information for all sites and products.

Clarification to Question #10 from Amendment 0002-52 Area: Can the existing LPG lines be removed and if so, when will that occur?

The LPG gas pipe extending from the ground in the 52 Area is the remnants from an old LPG fuel station. From the information provided the gas lines are owned by the base, thus the awarded bidder will be able to remove this line and cap is near the main at the street, for safety reasons presume the pipeline is active. The awarded bidder will work closely with PWO when excavating at this site (as well as the other sites) and may cap the gas pipe in the 52 Area at the main line near the street.

Clarification to Item a. from Amendment 0003 and Question #54 in Amendment 2 for 22 Area- The propane tank is not on the EA footprint for the proposed COCO. Along with other propane storage tanks, the propane storage tank located at the 22 Area site shall be removed under a base contract being solicited for propane services through the Facilities Support Contracting (FSC) Division, MCB Camp Pendleton.

Clarification to Questions #4, #13 and #53, Amendment 0002- A request has been submitted for review of the NEPA/EA for the primary purpose of amending EA site boundaries to allow direct connections to identified utilities and communication points. Utility and communication overlays are provided (.pdf below) to allow bidders to properly plan and cost out their proposals for connection to these points.

For communication connections, the awarded bidder will bury conduit for the purpose of running communication cables from the connection points to their facilities.

Request by the awarded bidder to use wireless telemetry may be considered and/or allowed only after review and approval by Base CIS of the transmission device’s specifications and frequencies cast.

BFOP Sites.pdf

Listed are the utilities identified to the Base as being required at each site:

14 Area: Electric, Water, Communication, Sewage 21 Area: Electric, Water, Communication 22 Area: Electric, Water, Communication 41 Area: Electric, Water, Communication 43 Area: Electric, Water, Communication 52 Area: Electric, Water, Communication, Sewage Clarification to Question #67, Amendment 0002 regarding security and fencing: Clarification on the fencing of the refueling stations: The gas stations do not have to be fenced. Only bulk fuel facilities like the JP8 tanks and other above ground storage of 1000 gallons or more are required to be fenced.