SOL W911N2-20-R-0016-0002.pdf

LAURA BUEHLER

717-267-9617

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE CCAM-ALK BLDG 2S

CHAMBERSBURG PA 17201

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Purpose of this amendment is to answ er questions submitted and extend the closing date to 15 May 2020, 1600. See Summary of Changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 12-May-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W911N220R0016

X 9B. DATED (SEE ITEM 11)

24-Apr-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer 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.

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:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

12-May-2020

CODE

LETTERKENNY ARMY DEPOT

LETTERKENNY CONTRACTING OFFICE - ACC-RSA-LEAD

1 OVERCASH AVENUE, ATTN: CCAM-MLK, BLDG 2S

CHAMBERSBURG PA 17201-4150

W911N2 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W911N2

FACILITY CODECODE

EMAIL:TEL:

W911N220R0016

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

QUESTIONS AND ANSWERS

Q1. I see that the forklift cylinder fill segment is not included on this bid. Will that be bid out separately?

A1. There will be no additional solicitation for cylinders, The propane cylinders are added to another contract already in place for all of the Depot’s compressed gas requirements.

Q2, With respect to the Section 7.1.1 of the Purchase Description, relating to safety policy, we respectfully ask that instead of following LEAD’s safety policy and safety program, we be permitted to use and comply with its own safety policy and safety program, applicable to its operations and customers across the country. Our safety policy and safety program is materially similar to LEAD-R 385-1 and is specific to the propane industry and the laws and best practices that apply to it.

A2. Per our Safety Office, all work performed on Letterkenny Depot must conform to the Depot’s safety policy and progam (LEAD-R 385-1), the contractor’s own safety program and applicable industry standards.

Q3. With respect to Section 7.1.2 of the Purchase Description, we respectfully object to the requirement to notify LEAD of the requirement for a Process Safety Management Program (PSM) under OSHA 29 CFR 1910.119 for the storage and handling of liquefied petroleum gases if bulk inventory exceeds 10,000 pounds for a single storage, as the regulation in question does not require such notification or a PSM for liquefied petroleum gases used solely for workplace consumption as a fuel, as is the case here.

A3. . The contractor is partially correct in their second statement. LP gas stored in quantities that exceed 10,000 pounds and is used for things like heating is not a covered PSM process. However, the potential remains that a LEAD process could be changed and the gas be used for processes other than heating or other exempt processes.

The intent of Section 7.1.2 is for the contractor to notify LEAD that it has exceeded the 10,000 pound PSM limit at a particular location and that PSM requirements may apply. LEAD has an obligation to monitor locations that have the potential for becoming PSM processes and analyze and document their applicability or exemption to PSM.

While there is no OSHA standard that requires a supplier to report such information, the LEAD Safety Office has requested that this be a part of the contract as failure to properly monitor quantities of LP gas could place LEAD at risk of non-compliance and introduce a high risk hazard to depot employees and operations. Consider it a check and balance for conformity to the PSM standard. There are several products that could impact an organizations applicability under PSM. At LEAD, the most likely product is LP gas. It is in the best interest of LEAD and the safety and health of the LEAD workforce to require the contractor to monitor storage levels and report conditions that would permit the accumulation of LP gas in excess of 10,000 lbs.

Q4. If NAICS 324110 is not my company’s main code, do I have to submit a subcontracting plan?

if yes, please provide more details on what you are looking related to this plan. If awarded a new contract, we would not be subcontracting any work related to the delivery of propane to Letterkenny.

A4. We look in beta.SAM at your self certifications under certain NAICS codes. If the specific NAICS code is not listed, we also look at FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (C)(1) Small Business Concern. The contractor self-certifies they are or are not a small business concern. If a contractor self-certifies they are not a small business concern, then a subcontracting plan is required. FAR FAR 19.702 provides guidance on the information required in the subcontracting plan.

5. Exact locations and quatities of propane will be updated in the award to reflect the most accurate information.

Q6. Is this bid is to be submited via hard copy in the mail or email?

A6. In an effort to reduce paperwork and cost, all propoposals shall be submitted electronically to the Contract Specialist. Facimile proposals will not be accepted. Delivery of hard copies will not be accepted.

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 12-May-2020 04:00 PM to 15-May-2020 04:00 PM.

The following have been modified:

NOTES

1. System for Award Management (SAM). In accordance with FAR 4.1102, Offerors must be registered in the SAM database in order to be eligible for contract award. No award will be made to an Offeror not registered. Registration can be accomplished at https://www.sam.gov/portal/public/SAM. Registration in this database must be kept current.

2. Annual Representations and Certifications. In accordance with FAR 4.1201, Offerors shall complete electronic annual representations and certifications within SAM as part of required registration. Registration can be accomplished at https://www.sam.gov/portal/public/SAM.

3. Questions. Questions regarding this solicitation shall be submitted in writing to the

Contracting Officer at least 3 calendar days prior to the closing date. Questions submitted after this time will be answered at the discretion of the Contracting Officer. The Contracting Officer for this action is Jessica Horst.

4. Award without discussions. The Government intends to award without discussions; therefore

Offerors should submit their best prices in their initial offer. In accordance with FAR 52.212-2, Evaluation-Commercial Items, Offerors must submit all information requested therein in order for the Government to determine technical acceptability.

5. Amendments. The Offeror shall submit to the Contracting Officer signed copies of all amendments issued to this solicitation. Failure to comply may cause your proposal to be rejected.

6. Payment. Payment for this action will be made by Electronic Funds Transfer (EFT) through the Defense Finance and Accounting Services (DFAS) using Wide Area Work Flow (WAWF). See DFARS 252.232-7006 for more information.

7. Period for Acceptance of Offers. The Offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers.

8. Type of Contract. This is a Requirements type contract. All quantities are estimated and individual delivery orders will be issued citing specific quantities and delivery dates.

Payment will be made on actual quantities delivered.

9. Proposals. Proposals shall be signed by an authorized individual in accordance with FAR

4.102, Contractor’s Signature. Failure to comply may cause your proposal to be rejected.

Offerors should mark each page of their proposal as “Proprietary Information” if they want it treated as Proprietary Information under the Procurement Integrity Act.

10. FOB Destination. Unless otherwise stated in this solicitation, Offerors shall provide FOB

Destination prices.

11. Any large business under NAICS 324110 must submit a subcontracting plan with their proposal.

12. AMC-Level Protest Program: Prior to submitting an agency protest, it is preferable that you first attempt to resolve your concerns with the responsible contracting officer. However, you may also file a protest to the Headquarters (HQ), Army Materiel Command (AMC). The HQ AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accountability Office (GAO), or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 35 calendar days from filing. To be timely, protests must be filed within the periods specified in Federal Acquisition Regulation 33.103. If you want to file a protest under the HQ AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below.

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000

Fax: (256) 450-8840 or email usarmy.redstone.usamc.mbx.protests@mail.mil

The AMC-level protest procedures are found at:

www.amc.army.mil/amc/commandcounsel.html

If internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

(End of Summary of Changes)