Exhibit_A_-_Statement_of_Work.pdf

Exhibit A - SPECIFICATIONS

W911RX‐16‐Q‐0213

SPECIFICATIONS

Liquefied Propane (LP) Gas

PART 1

GENERAL INFORMATION

1. GENERAL/SCOPE. The Directorate of Public Works (DPW) requires liquefied propane (LP) gas deliveries at various locations on Fort Riley, Kansas. The Contractor shall provide all, equipment, tools, materials, and any other items and services necessary to perform the automatic fill-up for LP Gas of Government-owned tanks at Fort Riley Kansas. Quantities of LP Gas supplies are estimated.

1.1. BACKGROUND. LP gas is utilized by DPW and its customers in those facilities where natural gas is not readily accessible and it is cost prohibitive to install a natural gas pipeline. These facilities include but are not limited to certain cooking and water heating facilities, remote facilities and temporary structures.

1.3. OBJECTIVE. The objective is to award a single contract for automatic LP Gas fill up of Government-owned tanks at Fort Riley, Kansas. A Firm Fixed Price Type contract is determined to be the most advantageous and appropriate for this type of requirement.

1.4. DELIVERY PERIOD.

The Delivery Period is for one-year. Multiple deliveries must occur in effort to maintain identified levels of LP Gas on Fort Riley will occur between, 1 September 2016 to 31 August 2017.

1.5. Blank.

1.6. DELIVERY LOCATIONS. LP Gas tanks are located at various locations on Fort Riley. See Exhibit B and C for LP Gas tank locations and tank capacities. There may be additions and/or subtractions in the total number of LP gas tanks based on Government’s needs. The Government will unilaterally modify as needed.

1.7. Non-Personal Services: The services to be delivered by the Contractor to the Government are non-personal services, and no employer-employee exists or will exist under the contract between the Government and Contractor and/or between Government personnel. Contractor personnel shall be responsible to the Government, but solely to the Contractor, who shall be accountable to the Government. The services to be performed under this contract shall not require the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, Contractor personnel shall act and exercise personal judgment and discretion on behalf of the Contractor.

1.8. Type of Contract: Firm Fixed Price Type contract.

1.9. Blank:

1.10. Place of Performance: Fort Riley, Kansas

1.11 Federal Government Holidays: Contractor is required to provide technical assistance during holidays.

New Years Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

1.12 Hours of Operation: The Contractor is responsible for conducting business between the hours of 0800 AM - 4:00 PM Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within these specifications when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

1.13 Contracting Officer Representative (COR): The COR or inspector monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract;

perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements including Government drawings, designs, and specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property; provide site entry of Contractor personnel. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.14. Access and General Protection/Security Policy and Procedures: Contractor, sub- contractors, and their employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by COR). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Police Department, Director of Emergency Services, or Security Office, if required for any reason during the performance of this contract. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

1.14.1 Installation Access and Control: Contractor, sub- contractors, and their employees requiring access to the installation shall be required to comply with the installation access control policy and procedures. The Government will not be responsible for damages due to delay/stoppages caused by failure to comply. Entry to the installation requires the following: current vehicle registration, proof of insurance, valid driver's license for the vehicle driver, and picture identification for other personnel.

1.15 Search and Control: All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized Government property. Contractor vehicles (Contractor owned and personal), Contractor employees, and their personal property shall be subject to searches and seizure of contraband and/or unauthorized Government property upon entering or leaving the Installation. The search and seizure provisions of AR 190-16 shall apply to Contractor personnel entering or leaving Fort Riley. The Contractor may be subject to installation closure exercises that may have an impact on performance. The Contractor shall enter Fort Riley through the 12th Street Access Control Point

(ACP).

1.16. Special Badges: Access to classified information is not a requirement of the contract. However, if the Government requires access to a classified area during the performance of this contract, the Contractor may be obligated to obtain and maintain special badges for all personnel associated with the contract. The badge must contain, at a minimum, the employee’s name and company affiliation.

Access to sensitive areas must be coordinated with the Division Commandant. The Contractor shall require their employees wear issued ID badges visibly when performing work at Government workplaces.

1.17. AT Level I Training: This provision/contract text is for Contractor employees with an area of performance within an Army controlled installation, facility or area. All Contractor employees, including subcontractor employees, requiring access to Army installations, facilities, or controlled access areas shall complete AT Level I awareness training within 10 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies.

The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within 10 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at https://atlevel1.dtic.mil/at. AT Level 1 Training can also be coordinated with the ATO at 239-6303.

1.18. iWATCH Program Information: This standard language is for Contractor employees with an area of performance within an Army controlled installation, facility or area. The Contractor and all associated sub- contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 10 calendar days of contract award and within 5 calendar days of new employees commencing performance with the results reported to the COR no later than 10 calendar days after contract award. iWATCH information can be obtained from the iWATCH Homepage: http://www.riley.army.mil/UnitPage.aspx?unit=iWatch

1.19 Key Personnel: The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The contract manger shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager shall be available in person, between the hours of 8:00 am and 4:00pm, Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons.

1.20 Identification of Contractor Employees: The Contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name, and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor (to include subcontractors) employees shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include subcontractors) shall be responsible for collection of ID

Badges upon completion of the contract or termination of employee. A listing of names shall be furnished to the Contracting Officer prior to the contract performance date and updated as needed to reflect Contractor and Subcontractor personnel changes. All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.21 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use. Government facilities, equipment, and materials shall be secured at the close of each work period.

1.22 Environment and OSHA. The Contractor shall comply with all current local, State and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, State and Federal laws, rules and regulations and compliance with the requirements of the contract shall be immediately brought to the attention of the Contracting Officer or authorized of the Contracting Officer for final resolution. The Contractor shall notify the Contracting Officer or his/her authorized representative in writing in addition to any verbal notification of such conflicts.

1.22.1 The Contractor shall be liable for all fines, penalties, and costs which result from violations of or failure to comply with all such current local State, or Federal laws, rules, and regulations (and the fines will be deducted from Contractor’s compensation).

1.22.2 All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the Contracting Officer to halt any and all Contractor performance with commensurate deduction of monies due the Contractor until such unsafe conditions are corrected.

1.22.3 The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of a serious hazard such as, but not limited to fire, or large fuel spill, the Contractor shall immediately notify the Fort Riley Fire Department, 911 and the designated COR, Tom Hall # (785) 239-8216. The Contractor shall immediately notify the designated COR of any fuel spills or leaks noted during deliveries.

1.23 Equipment Safety The Contractor shall keep trucks and equipment in good repair at all times. The Contractor shall comply with OSHA requirements and pertinent provisions of publication, Safety and Health Requirements, EM 385-1-1, Department of the Army, Corps of Engineers, and Army Regulation 385-10.

1.23.1 The Contractor or subcontractor(s) at any level are at all times responsible for assuring equipment and vehicles are in a safe and serviceable condition and shall perform all tasks in a safe, responsible manner. The Contractor shall in all cases ensure any equipment and vehicle used in the performance of this contract is in a safe and serviceable condition. All equipment and vehicles used under this contract may be randomly inspected by the designated COR prior to its use. If the equipment and vehicles are at any time deemed unsafe or unserviceable by the Government, the Contractor shall remove equipment and have it repaired at Contractor’s expense, at an off post location, to a safe and operable condition.

1.23.2 The Contractor shall be responsible for all damages to Government property occurring as a result of the Contractor’s work and shall promptly make all necessary repairs at no cost to the Government and to the satisfaction of the Government.

1.24 Personnel Safety: The Contractor shall perform work requirements in a manner to protect employees from any harm or injury. Work shall be scheduled to afford this protection. The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the designated COR and shall notify the designated COR of the corrective action to be taken. Such notice when delivered to the Contractor or the Contractor’s representative at the site of work shall be deemed sufficient for this purpose.

1.24.1 Accident Protection and Emergency Medical Treatment: The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor shall provide each crew of workers with first aid kits complying with OSHA and other Federal and State requirements to care for minor injuries normally sustained while performing contract services.

1.24.2 All work crews, office personnel and the COR shall be provided with information pertaining to the Contractor’s arrangements for emergency medical treatment within 10 days of contract award.

This information shall include the following:

Local Hospital: Name Phone No.

Local Ambulance: Name Phone No.

Local Doctor: Name Phone No.

1.25 SAFETY REQUIREMENTS: The Contractor shall comply with Occupational Safety and Health Act (OSHA) and all pertinent provisions of the publication 29 CFR 1910, and EM 385-1-1, Safety and Health Requirement Manual in order to provide safety control for protection to the life and health of employees and other persons; for prevention of damage to property, materials supplies, and equipment;

and for prevention of work interruptions in the performance of this contract.

PART 2

DEFINITIONS AND ACRONYMS

2.1. DEFINITIONS.

2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings.

2.1.3. CONTRACTING OFFICER REPRESENTATIVE. An individual designated by the Contracting Officer as a representative in the administration of a contract. The Designated COR will inspect work performed, to receive, approve and/or sign documents required under this contract.

2.2. ACRONYMS.

ACP – Access Control Point BPN – Butane-Propane News CETP – Certified Employee Training Program CLIN – Contractor Line Item Numbers

DA – Department of the Army DOD – Department of Defense DPW – Department of Public Works EPA – Economic Price Adjustment FSC – Federal Service Code LP – Liquefied Propane OSHA – Occupational Safety and Health Act TE – Technical Exhibit UIC – Unit Identification Code

PART 3

GOVERNMENT PROVIDED RESOURCES

3.1 Government Furnished Items And Services: This section describes those items that will be furnished by the Government to the Contractor for performance of the requirements of this contract. The Contractor shall not make use of any property or services described in this section for any purpose other than performing the requirements of this contract. Contractor personnel are responsible for safeguarding GFP, equipment, and facilities. The Contractor shall be required to reimburse the Government for lost, damaged, or misappropriated property for which Contractor personnel are responsible while in care of the furniture.

3.2 Government Furnished Supplies: With the exception of those listed below, no other supplies will be provided by the Government.

3.2.1 GOVERNMENT EQUIPMENT. The LP tanks along with associated lines and fittings are Government owned. As such, the Government will facilitate installation, maintenance, and repair service for all piping, fittings and tanks.

3.2.2 TANK IMPEDIMENTS. The Government will take all necessary action to resolve any Contractor identified tank impediments so as not to delay performance of work.

3.2.3 CONTRACTOR DAMAGE: The Contractor shall be responsible for all damages to Government property occurring as a result of the Contractor’s work and shall promptly make all necessary repairs at no cost to the Government and to the satisfaction of the Government.

3.2.4 DAMAGES TO GOVERNMENT FACILITIES. All damages to Government property (as determined by the Contracting Officer) caused by the negligence of the Contractor or his employees during contract performance, to include damage as a result of the Contractor's failure to maintain tank fill levels in accordance with the terms of this contract, will be repaired by the Contractor at no cost to the Government, or by the Government at the Contractor's expense, as determined by the Government.

If repaired by the Government, any money due the Government will be deducted from the Contractor's payments. The Contractor will be advised in advance of any such deductions.

3.3 Government Furnished Services: With the exception of those listed below, services will be not provided by the Government:

3.3.1 Emergency Services: Government furnished medical service is not available to Contractor personnel, except in emergency on-the-job situations when Contractor personnel suffer serious injury or acute pain. Government emergency treatment will be provided as the first point of medical care. Transfer to non-Government facilities shall be affected as soon as possible and as determined by attending medical authorities.

3.3.1.1Emergency Medical Treatment: Contractor employees experiencing emergency on-the-job injuries or illnesses may use Irwin Community Hospital (IACH) Army Community Hospital (BJACH).

The Contractor shall be responsible for any charges resulting from treatment at IACH/BJACH. Any arrangement between the Contractor and Contractor employees relative to health care, and insurance(s) for health care, shall not interfere with the Government's right to reimbursement in the manner selected by the Government for each occurrence where emergency medical service is rendered. The Emergency Medical Services (EMS) telephone number is 911 (or 766 from a cell phone).

3.3.1.2 Fire Protection: The Government will provide fire protection and prevention services to the contract site. These services are obtained by calling the Fort Riley/Fort Polk Fire Department for non-emergencies at and by dialing 911 (or 766 from a cell phone) for emergencies.

3.3.1.3 Police Protection and Law Enforcement: The Government will provide Police Protection and Law Enforcement services to the Contractor and Contractor personnel on the installation. This service shall also include any investigative services related to physical security of Government owned property and incidents involving Contractor owned property inclusive of privately owned property of Contractor personnel if the incident occurs on the installation. These services are obtained by calling the Directorate of Emergency Services (911).

PART 4

CONTRACTOR REQUIREMENTS

4.1. The Contractor shall furnish all labor, supplies, equipment, facilities and services required to perform work under this contract, to include meeting any accelerated delivery requirements that occur as a result of the peak winter months.

4.2. Trucks utilized under this contract shall meet the following minimum standards:

4.2.1. Roadworthy (capable of satisfactory operation day or night).

4.2.2. Possess a current Station Inspection certificate, which shall be maintained current throughout the life of the contract including any options (if exercised).

4.2.3. Vehicles shall be numbered and marked with company’s name with letters and numbers in accordance with State/DOT Standards.

4.2.4. Metering Certification. The Contractor shall submit evidence of truck meter calibration certification by an independent company or State agency in accordance with Kansas State standards to the Contracting Officer within 10 days after contract award. Current certification shall be maintained throughout the life of the contract. Only trucks with meter calibration certification shall be used in making deliveries under this contract. Substitute trucks may be used only upon approval of the Designated Government Representative.

4.2.5. Annual Meter Calibration: Meter calibrations and certifications will be required annually based on the date of the meter's previous calibration. The Contractor will provide the truck number, meter serial number, date of calibration, and a copy of the billing invoice each time a meter is calibrated.

4.3 Post Award Conference. The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The Contracting Officer, COR, and other

Government personnel, as appropriate, may meet periodically with the contractor Program Manager (PM) and Quality Control Manager (QCM) to review the Contractor's performance. If any aspect of performance does not conform to the requirements of this contract, the Government has the right to issue a Contract Discrepancy Report (CDR) to the Contractor. The Contractor shall explain in writing why performance was not in conformity with the requirements of this contract, how performance will be returned to conformity, and how recurrence of the problem will be prevented in the future. The Contractor shall complete and return the CDR to the KO within five (5) workdays after receipt. These meetings will be at no additional cost to the Government.

4.4 Quality Control: The Contractor shall implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor shall ensure quality control procedures are enforced to ensure all task are completed as prescribed in this Specifications Document.

4.5 Quality Assurance: IAW DFARS 246.404, Government contract quality assurance for acquisitions at or below the simplified acquisition threshold; the Government does not require a formal contract quality assurance at source for contracts valued at or below the simplified acquisition threshold.

The Contractor, and not the Government, shall be for all management and quality control actions to meet the terms of the contract. The role of the Government is quality assurance to ensure contract standards are achieved.

4.6 Environmental and OSHA Requirements: The Contractor shall comply with all local, State, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with the requirements of the contract shall be immediately brought to the attention of the Administrative Contracting Officer for final resolution. The Contractor shall notify the Administrative Contracting Officer or the Contracting Officer's Representative in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local State, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the Contracting Officer to halt any and all Contractor performance until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. The Contractor shall comply with Occupational Safety and Health Act (OSHA) and all pertinent provisions of the publication 29 CFR 1910.

4.6.1 Safety Requirements: The Contractor shall safeguard and maintain all Government property as well as provide for the safety and well-being of personnel employed in the administration of this contract. The Contractor shall be responsible for complying with applicable OSHA standards, DOD, Army (AR 385-10), Federal, state, and local safety and health requirements.

4.6.2 Safety Deficiencies: The Contractor shall immediately correct safety deficiencies upon notification of the deficiencies by the Contracting Officer’s Representative and shall, upon notification, identify the corrective action to be taken and the completion date.

4.6.3 Equipment: When within Contractor’s control, the Contractor shall not leave equipment unattended while in use or unsecured while being stored at the work site.

4.6.4 Personnel: T he Contractor shall have personnel trained and capable of dealing with minor personnel injuries. In addition to this, each crew of workers shall be provided with first aid kits complying with OSHA and other Federal and State requirements to care for minor injuries normally sustained by personnel performing services during this contract.

4.7 Serious Accident and Incident Reporting: The Contractor shall report serious accidents and incidents incurred while performing work under this contract immediately by the most expeditious means possible but not more than one hour following the accident or incident to the Fort Riley’s Directorate of Emergency Services, the Safety Office, and Contracting Officer. Serious accidents and incidents include, but are not limited to, those defined in AR 385-10 and AR 190-40 respectively or referenced in other applicable directives. Examples are as follows: One or more lives lost, one or more persons critically injured, three or more persons hospitalized due to one incident, property damage estimated to exceed $2,000, fire causing major damage to structures, equipment, or vehicles, and HAZMAT, hazardous substances, and HAZWASTE incidents.

4.7.1 Record of Injury Form: Immediately after a job-connected injury, the Contractor shall prepare a record of the incident/accident and forward it to the Contracting Officer's Representative (COR). The COR will forward the incident/accident report to the Command Safety Office. If more information is required the Command Safety office will coordinate with the COR for the required information.

4.8 Claims Liability Article: The Contractor shall indemnify, save harmless, and defend the Government from and against any and all claims, damages, actions, debts, liabilities, and attorneys' fees arising out of or in any manner predicated upon loss of or damage to the property of or injury to or death of any and all persons whatsoever, in any manner caused or contributed to by the Contractor, his agents, servants, employees or subcontractors while in, upon, or about the military installation wherein this work is located, or while going to or departing from the same; and to indemnify and save harmless the Government from, and on account of damage of any kind which the Government may suffer as the result of acts of negligence, fraud or misconduct of any of Contractor's agents, servants, employees, or subcontractors in or about said military installation. Please see FAR Clause 52.247-21, Contractor Liability for Personal Injury and/or Property Damage.

4.9 Clean Up: Maintain work area(s) in a neat, orderly and safe condition during the course of the work, and cleanup work areas at the end of each workday and upon completion of the work. Dispose of refuse and debris in appropriate trash containers as determined by the COR/ACOR. Dispose of hazardous materials and hazardous wastes if required in coordination with Environmental Division, Public Works.

4.10 Wide Area Workflow (WAWF): The WAWF system is the method to electronically process contractor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. Pursuant to DFARS 232.7002, Contractors shall submit payment requests and receiving reports in electronic form.

4.11 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive and have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

4.12 PERSONNEL.

4.12.1 Project Manager. The Contractor shall provide a Project Manager who shall be responsible for the performance of the work. The name of this person and an alternate(s), who shall act for the Contractor, shall be designated and provided in writing to the Contracting Officer prior to commencement of work. The project manager and an alternate(s) shall be empowered with authority to make management decisions, which may arise in day-to-day operations without undue delay. The Project Manager and alternate(s) shall be able to read, write, speak and understand English fluently.

4.12.1.1 The Project Manager or alternate shall be available during normal duty hours (8:00 a.m. – 4:00 p.m.) within two and one-half (2.5) hours if called to meet on the installation with Government personnel designated by the Contracting Officer to discuss problem areas.

4.12.2 Employees: The Government has the right to restrict employment of any Contractor employee, or prospective Contractor employee, who is identified as a potential threat to the health, safety, security, general well being or operational mission of the installation and its population.

4.12.2.1 The Contractor shall not employ any person who is an employee of the United States Government, if the employment of that person would create a conflict of interest. Additionally, the Contractor shall not employ any person who is an employee of the Department of the Army, either Military or civilian, unless such person seeks and receives approval according to Department of the Army (DA) Standards of Ethical Conduct Rules. In addition, the Contractor shall not employ any person who is an employee of the Department of the Army if such employment would result in a conflict of interest as specified in Department of Defense (DoD) Directive 5500.7-R, Standards of Conduct.

4.12.2.2 Contractor’s employees shall remain fully clothed at all times while performing under this contract. This includes wearing shirts with sleeves, shoes and long pants. Tank tops, tee shirts, and shorts worn as outerwear are prohibited.

4.12.2.3 The Contractor shall be responsible for the conduct of all of the Contractor’s employees. The Contractor shall remove from the work site any employee working under this contract for reasons of conduct, security, or found to be or suspected to be under the influence of alcohol, drugs, and/or other incapacitating agents. Removal from the work site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the requirements of this contract.

4.12.2.4 All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering the Government reservation shall abide by all the regulations of the installation.

4.12.2.5 The Contractor shall ensure that employees have current valid professional certifications to operate vehicle calibration equipment prior to first scheduled delivery. These certifications must remain current for the life of this contract. This training requirement can be met by having employees take the Certified Employees Training Program (CETP), which is sponsored by the National LP Gas Association.

PART 5

SPECIFIC TASKS

5.1. LPG. Provide LP Gas – Propane, Type II bulk liquid.

5.2. AUTOMATIC FILL-UP PROVISIONS.

5.2.1. Delivery shall be on an automatic fill (keep fill) basis. The Contractor shall be responsible for monitoring usage at each building to ensure that no tank drops below 30% full. Contractor may use degree-day prediction system to preclude outages. Deliveries shall be documented by metered delivery tickets, which clearly identify the tank number and building number where the propane gas was delivered.

5.2.2. The Contractor shall establish and maintain a delivery schedule which will ensure that the level of propane gas in each tank is never less than thirty (30) percent of tank volume. The Contractor shall never fill a tank more than eighty (80%) percent of tank volume. The Contractor shall submit a copy of the schedule to the Contracting Officer and Contract Officer’s Representative (COR) for review and approval at the post-award conference.

5.2.3. The Contractor shall furnish a delivery schedule to Building 368 (DPW Supply Office), no later than 8:00 a.m. on the day preceding the scheduled delivery date (e.g., provide schedules by 8:00 a.m.

on the preceding Friday for Monday deliveries). Schedule shall include the delivery route by truck and building number. All scheduled deliveries shall be made in accordance with delivery schedule unless coordinated with the COR. No deliveries will be made to any tank not on the delivery schedule unless coordinated with the COR.

5.2.4. This contract is based on estimated quantities. The Contractor shall be responsible for monitoring the total number of gallons delivered. When eighty (80) percent of the COST OF LP GAS has been delivered the Contractor shall notify the Contracting Officer’s Representative.

5.2.5. Scheduled deliveries shall be made to the Government under this contract during the hours of 8:00 a.m. through 4:00 p.m., Monday through Friday, excluding Government Holidays, except as otherwise required for outages or leakages. Where unusual cold weather requires exceptionally high delivery over a short period of time, a request for variance may be submitted to the COR, and upon COR approval, an alternate delivery schedule may be instituted.

5.2.6. STANDARDS FOR PROPANE GAS. Propane gas shall be of the quality that meets or exceeds the requirements set forth in GPA Standard 2140-97, or any update to this industry commercial standard.

The Contractor shall submit test results establishing compliance with this standard at a frequency required by the standard.

5.3. DELIVERY TICKETS. As a minimum, the Contractor shall provide for each tank, one (1) printed meter delivery ticket containing the following information:

Name of Contractor Contract Number Building number of delivery Tank Serial number of delivery Date of delivery Size of Tank Number of Gallons Delivered Contractor Truck Number

5.3.1. Metered delivery tickets shall be submitted on a daily basis (except by COB on Mondays for

Friday’s deliveries) to the COR, located in building 368, DPW Supply Branch Office. The Contractor shall not invoice until all tickets are submitted. The Contractor shall submit all metered delivery tickets with the invoice by the 5th of the following month.

NOTE: All the required information must be legible; payment will be based on legible meter tickets, as such, illegible tickets may not be paid.

5.4. OUTAGES. The Contractor shall provide an emergency telephone number and name during the post award briefing where the designated COR may contact the Contractor after hours, weekends, or holiday outages or leakages. The Contractor shall provide propane gas within 2.5 hours if notified by the Contracting Officer or the designated COR that a tank(s) is empty and delivery is required.

5.5. DELIVERY PROCEDURES. The Contractor shall indicate on the ticket if there were any problems at the building, i.e. no building, tank has been removed, or tank requires repair, etc. Indicate on the ticket the per cent of propane gas at the beginning and at the end of filling up (30%/80%). Show the number of tanks at the building, tank number, and size. Driver shall sign the tickets either with his initials or signature.

5.6. VEHICLE CHECK-IN/CHECK-OUT PROCEDURES. During the hours of 8:00 a.m. through 4:00 p.m., all delivery vehicles shall report to DPW Supply Branch Office, Building 368, Directorate, and Directorate of Public Works, both prior to and after making deliveries. The vehicle information will be logged by Government personnel who will record the following:

Truck Number Times of day in and out Cumulative meter reading in and out Vehicle odometer reading in and out Percent of propane gas in the truck in and out

NOTE: Once a vehicle is logged, the vehicle shall not depart the Installation until it is logged out. LP gas deliveries will not be accepted unless the Contractor’s equipment is functioning properly and readings can be obtained.

5.6.1 EQUIPMENT. There is no staging area for a transport truck/trailer on the Fort Riley Military Reservation readily available for use under this contract. The Contractor shall furnish equipment that will be adequate for the filling of tanks without damage to the existing structures (buildings, grass, sidewalks, etc.). Any damage to existing structures shall be repaired at the Contractor’s expense.

5.7. REPORTING DAMAGED PROPERTY: The Contractor shall report any damaged Government-owned equipment noticed during inspection or operations under this contract (e.g., tanks or vents) by telephone or in writing for the applicable building to the COR.

5.8. QUALITY CONTROL. The Contractor shall affirmatively supervise and review the actions of all employees, agents and subcontractors so as to assure that the terms of this contract are met.

5.9. QUALITY ASSURANCE: The Government will evaluate the Contractor’s performance under this contract. The Government will record all surveillance observations. When an observation indicates defective performance, the COR will request the Contractor’s representative to initial the observation.

5.10. DAMAGES TO GOVERNMENT PROPERTY. The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, asphalt pavement and vegetation (such as trees, shrubs and grass) on the Government installation. If the Contractor fails to use reasonable care and damages any such buildings, equipment, asphalt pavement, or vegetation, the Contractor shall replace or repair the damage at no expense to the Government. Should the Contractor fail or refuse to make such repairs or replacement, the Government shall cause said repairs or replacements to be accomplished, and the Contractor shall be liable for the cost thereof which may be deducted from the amounts which become due and payable under this contract.

5.11. RESPONSIBILITY FOR GOVERNMENT PROPERTY. The Contractor assumes full responsibility for and shall indemnify the Government for any and all loss or damage of any kind and nature (to include freeze damage to any and all Government property, including any equipment, supplies, accessories, or parts furnished, resulting in whole or in part from negligent acts or omissions (to include failure to monitor the “Automatic Fill -Up” provisions as described in this Specifications Document) of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor. This provision will not become effective until 14 days after contract starts, or until any tank in question has been filled or a repair made, whichever is earlier (see “Inspections below).

5.12. INDEMNIFICATION AGREEMENT. The Contractor shall save and hold harmless and indemnify the Government against any and all liability, claims and costs of any kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising of the use, service, operations, or performance of work under the terms of this contract, resulting i n whole or part from the negligent acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or subcontractor.

5.13. DAMAGES TO GOVERNMENT PROPERTY FROM OTHER CONTRACTOR’S

NEGLIGENCE. Nothing in the above paragraphs shall be considered to preclude the Government from receiving the benefits of any insurance the Contractor may carry which provides for indemnification from any loss, or destruction of, or damage to property where such loss, destruction, or damage is to Government property. The Contractor shall do nothing to prejudice the Government’s right to recover against third parties for any loss, destruction of, or damage to Government property and upon request of the Contracting Officer shall, at the Government’s expense, furnish to the Government reasonable assistance and cooperation (including assistance in prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

5.14. The Contractor shall perform a joint inventory and inspections with the COR of all tanks prior to first Scheduled Delivery or within 14 days of the contract start, whichever starts first. The Contractor shall perform subsequent joint inventories and inspections with the COR on an annual basis of Government owned tanks within 14 days of the first month of each contract period. The Contractor will provide an annual written inspection report to the COR not later than 30 September of each year of this contract.

This report shall be an itemized listing containing at a minimum the following information: tank location, serial number, size, date of last inspection, date of current inspection, servicing performed or due to be performed and any problems noted.

5.15. METER MEASUREMENTS. All Contractor delivery truck meters will provide readings in the same unit of measure (gallons).

5.16 Reports: The Contractor shall timely complete responses to requirements for all reports and requests for information and data, both one-time and recurring.

5.17 Deliverables (prior to initial delivery):

Item or Task Paragraph

Reference Format Completion / Due Date

Level I OPSEC Training

Paragraph 1.17. Army Certification Within 10 days after contract award.

Document shall be submitted to the COR.

iWatch Training Confirmation

Paragraph 1.18. Contractor Format Within 10 days after contract award. Document shall be submitted to the

COR.

Certified Employees Training Program

(CETP)

Paragraph 4.12.2.5 National LP Gas Association

Prior to first Scheduled Delivery, Document shall be submitted to the Contracting Officer

Key Personnel and ID Badges (roster)

Paragraph 4.12.2.1 Contractor Format Prior to first Scheduled Delivery, Document shall be submitted to the Contracting Officer

Fill Plan (Delivery Schedule)

Paragraph 5.2.2 Contractor Format Prior to first Scheduled Delivery, Document shall be submitted to the Contracting Officer

Emergency Contact (Roster)

Paragraph 1.24.2 Contractor Format – I/A/W Specifications Document

Within 10 days after contract award. Document shall be submitted to the

COR.

Metering Certification Paragraph 4.2.4. Calibration certification by an independent company or State agency in accordance with State standards

Within 10 days after contract award. Document shall be submitted to the Contracting Officer.

Inventory and Inspection

Paragraph 5.14 Contractor Format Within 14 Days of start or prior to first Scheduled Delivery, which ever starts first. Document shall be submitted to the COR

PART 6

APPLICABLE PUBLICATIONS

6.1 Applicable Publications: Publications listed below form a part of this section to the extent referenced. Publications are referred to in the text by basic designation only. Assume publications to be the most current edition in effect at the time a contract is awarded.

6.2 Location of Publications and Forms. The Contractor shall utilize the Internet to view and print electronic versions of required publications and Forms. DA publications can be obtained through http://www.apd.army.mil . FORSCOM publications and Forms can be obtained through http://www.forscom.army.mil. TMs are available through Army Knowledge Online (AKO) at https://www.us.army.mil/suite/login/welcome.html or the Logistics Support Activity at https://www.logsa.army.mil/etms/online.htm.

PUBLICATION TITLE DATE

AR 190-13 – ADV The Army Physical Security Program Sep 93 AR 190-16 – MAN Physical Security May AR 385-10 – MAN Army Safety Program Feb 00

AR 385-40 – MAN Accident Reporting and Records Nov 94 AR 420-1 Army Facilities Management Nov 07 AR 420-90 – MAN Fire and Emergency Services Sep 97

AR 735-5 – MAN Policies and Procedures for Property Accountability Feb 05

OTHER RELATED PUBLICATIONS

29 CFR 1910. – ADV Department of Labor, Occupational Safety and Health Act Jul 00

29 CFR 1920 – ADV Hazardous Waste Operations and Emergency Response; Final Rule, Monday, March 6, 1989

Mar 89

29 CFR 1926 – ADV Department of Labor, Occupational Safety and Health Act, Part III

DOD 5500.7-R MAN DOD Joint Ethics Regulation Aug 93

EM 385-1-1 – MAN U.S. Army Corps of Engineers Safety and Health Requirements Manual

Nov 03

EM 385-40 Safety Accident Reporting and Records 1994 FAR – MAN Federal Acquisition Regulation Jun 98

FORSCOM Supp 1 AR 340-21 The Army Privacy Jul 85

FORSCOM Supp 1 AR 380-5 Department of The Army Information Security Program Sep 00

OSHA 2201 – MAN General Industry Safety Sep 83 U.S.C. Title 18, Sections 793 and 798 Crimes and Criminal Procedures Jan 04

Public Law 93-502, and 5 U.S.C., Section 552.

Freedom of Information Act of 1975 Updated

FORM TITLE DATE

DA Form 285 U.S. Army Accident Investigation Report Jan 92

DA Form 4755 Employee Report of Alleged Unsafe or Unhealthy Working C di i

Oct 78

DA Form 5513-R Key Control Register and Inventory Aug 93

DD Form 1662 DOD Property In The Custody of Contractors Jun 03

FORSCOM Form 247-R Area Security Checklist Jul 80

SF 364 Report of Discrepancy (ROD) Feb 80

OSHA #200 Log of Occupational Injuries/Illnesses

AR 190-40 Serious Accident Report

AR 190-13 The Army Physical Security Program

DA Form 285 U.S Army Accident Investigation Report