W9124724B0002_FINAL SOL_Ft. Liberty LP GAS_021424.pdf

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until 02:00 PM local time 12 Mar 2024

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 86

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W91247 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

3 - 18 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 21 - 23 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 24 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

25 - 44

PART II - CONTRACT CLAUSES

MICC CENTER - FORT LIBERTY

MICC - FORT LIBERTY

2-1731 C STINER ROAD

FORT LIBERTY NC 28310-5000

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

14 Feb 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W9124724B0002

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1,750,000 Gallon Liquefied Petroleum Gas

FFP

The Contractor shall furnish all labor, material, equipment, transportation, tools, supervision, and any other items necessary to perform all operations in connection with the Statement of Work in furnishing and delivering Liquefied Propane Gas.

Changes to the Liquefied Propane Gas Unit Price are based solely upon the Apex, North Carolina Principal Averages, published in the Butane- Propane News on the 15th of the preceding month. Contractor’s Margin Rate per gallon of Liquefied Propane Gas Delivered is: $ __________ Note: FAR CLAUSE 52.216-2; Economic Price Adjustment -- Standard Supplies is included to support price adjustment requests, based upon the Apex, North Carolina Principal Average, published in the Butane-Propane Newsletter and submitted for consideration on a monthly basis. Price is Fixed not Firm-Fixed.

FOB: Destination

PSC CD: 6830

NET AMT

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

STATEMENT OF WORK (SOW)

LIQUIFIED PROPANE (LP) GAS

1. General

1.1 Scope: Contractor shall provide Liquefied Propane (LP) Gas deliveries for various DPW-maintained and supported tanks on Fort Liberty, MacKall Army Airfield, and Linden Oaks Housing Area, North Carolina (NC). The Government shall not supervise or control the contract service providers performing the required supply delivery.

1.2 Description of Item: The Contractor shall provide all personnel, equipment, transportation, tools, supervision, and other items necessary to deliver automatic LP Gas fill-up for approximately 82 DPW-maintained and supported tanks located on Fort Liberty, MacKall Army Airfield, and Linden Oaks Housing Area, North Carolina. Quantities of LP Gas to be supplied are estimated, and Delivery Orders will be issued to obligate funds monthly. Prices for LP Gas will fluctuate monthly (upward or downward adjustments), based upon percentage changes in the Apex, NC Principal Average, as published in the Butane-Propane News (BPN) Weekly Propane Newsletter as defined in this Statement of Work. The North Carolina Propane Association and the North Carolina Department of Transportation require that any contractor awarded the propane requirement for Fort Liberty be registered and be "CLASS A" certified. The Contractor shall perform to the standards in this contract.

1.2.1. For purposes of included clause 52.216-2 Economic Price Adjustment – Standard Supplies, the following interpretation is acknowledged with respect to this contract:

a) The “established price” and “established catalog or market price” is the wholesale Apex, North Carolina Principal Averages price, published in the Butane- Propane News, on the 15th of the preceding month, plus the Contractor’s margin price. It is acknowledged that the Apex NC B-PN portion and the total “established price” might not correspond directly with the pricing made available by the Contractor to the general public; however, the Contractor represents that its “established price” as used in the contract is not higher than any pricing the Contractor provides to the general public.

b) The increase or decrease in the “applicable established price” that will potentially form the basis for contract price adjustments results only from impacts to the “established catalog or market price” corresponding directly from increases or decreases to the wholesale Apex, North Carolina Principal Averages price, published in the Butane- Propane News.

1.3 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. Tanks are on Fort Liberty, Mackall Army Airfield, and Linden Oaks, North Carolina. A list of tanks and locations are in Technical Exhibit (TE) 1.

1.4 Period of Performance: Five-year ordering period:

The ordering period for this requirement is 60 months as follows: January 28, 2024, thru January 27, 2029

1.5 Hours of Operation: The customer is available from the hours of 7:30 a.m. EST and 4:00 p.m. EST, Monday through Friday, except for Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The recognized federal holidays include:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day Washington’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Juneteenth (National Independence Day)

1.6 Security Requirements

1.6.1 Vehicle Registration. All Contractor vehicles shall be operated per state and local Garrison traffic regulations.

1.6.1.1 Installation Access and Control: This installation is a closed post with access restrictions.

All vehicles and personnel are subject to search and seizure of contraband and unauthorized Government property. Contractor vehicles, personnel, and personal property shall be inspected and searched upon entering or leaving the installation as authorized in AR 190-5, Motor Vehicle Traffic Supervision. The Contractor may be subject to installation closure exercises that may impact the delivery of LP Gas.

1.6.1.2 The Contractor shall enter Fort Liberty through the Knox Street Access Control Point

(ACP).

1.6.2 Special Qualifications

1.6.2.1 Commercial Driver's License (CDL): The Contractor will ensure that all drivers delivering Liquefied Petroleum to Fort Liberty have a valid and current Class A CDL license.

This license must have the "H" endorsement designation for HAZMAT. The Contractor will provide a copy to the COR of the driver's CDL seven days after the award of the contract.

1.6.3 General

1.6.3.1 The Contractor shall be responsible for ensuring all personnel under this contract possess and maintain current certifications as indicated in SOW 1.6.2.1, special qualifications during the execution of this contract.

1.6.3.2 Contractor personnel shall be US citizens unless the provisions of Army Regulation 25-2, Information Assurance, have been fully completed and the Government has granted approval for the non-U.S. citizen to perform the required support.

1.6.3.3 Access and General Protection/Security Policy and Procedures: All Contractor personnel shall comply with applicable installation, facility, and area commander installation/facility access, local security policies, and security procedures provided by the Security Manager Government representative. Contractor personnel shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation, Director of Emergency Services, or Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by the Department of Defense (DoD), HQ Department of Army (DA), or local policies. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes.

1.6.4 Anti-Terrorism Program

1.6.4.1 Anti-Terrorism (AT) Level I Training: Contractor personnel that requires access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 30 calendar days after commencing deliverance under this contract and annually after that. The Contractor shall submit employee certificates of completion within 30 calendar days after completion of the training. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at.

New employees shall complete the training within ten calendar days of commencing performance of work under this contract.

1.6.4.2 iWATCH Training: The Contractor shall brief all personnel under this contract on the local iWATCH program [training standards provided by the requiring activity Anti-Terrorism Office (ATO). This locally developed training will 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 30 calendar days of the contract award, with the results reported to the COR NLT 30 calendar days after the contract award. New employees shall complete the training within ten calendar days of commencing work under this contract.

1.6.5 Post-Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post-award conference convened by the contracting activity or contract administration office per Federal Acquisition Regulation Subpart 42.5. As appropriate, the contracting officer, Contracting Officers Representative (COR), and other Government personnel may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the contracting officer will apprise the Contractor of how the Government views the Contractor's performance. The Contractor will notify the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.6 Contracting Officer Representative (COR): A separate letter will identify the (COR). The COR 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 terms and conditions; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government-furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially concerning changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.7 Key Personnel: The Government considers the following personnel essential: The Contractor shall provide a Program Manager (PM) responsible for the work under this contract.

The name of this person and Alternate PM (APM), who shall act for the Contractor when the PM is absent, shall be designated in writing to the KO at the post-award conference. The PM or APM shall have full authority to act for the Contractor on all contract matters relating to the daily operation of this contract. The PM or APM shall be available between 7:30 a.m. and 4:00 p.m., Monday through Friday, except on federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below.

1.6.7.1 Project Manager (PM): The Contractor shall provide a PM responsible for the work under this contract. The name of this individual and an alternate(s) who shall act for the Contractor shall be designated and provided in writing to the Contracting Officer before commencement of work. The PM and an Alternate(s) shall be empowered with authority to make management decisions that may arise in day-to-day operations without undue delay. The PM and any Alternate(s) shall be able to read, write, speak, and understand English fluently.

1.6.7.2 The Contractor will 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, nor shall the Contractor employ any person who is an employee of the Department of the Army, either military or civilian unless such person seeks and receives approval following the Department of the Army Standards of Ethical Conduct Rules. All workers will be vetted through the Installation vetting system.

1.7. Non-Conformance Report (NCR). When the Contractor's performance is unsatisfactory, an NCR will be issued. The Contractor shall reply in writing within the period specified in NCR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

1.8. Quality Assurance: The COR will evaluate the Contractor's performance under this contract per the Quality Assurance Surveillance Plan (QASP). This plan primarily focuses on what the COR must do to ensure the Contractor has followed the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). When an observation indicates defective performance, the COR will require the Contractor or designated on-site representative to initial the statement to acknowledge the unsatisfactory performance. Acknowledging the observation does not necessarily constitute the Contractor's concurrence with the observation, only that the Contractor has been made aware of the defective performance.

1.9 Safety Requirements: To provide safety control for the protection of 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, 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.

1.9.1 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 contract's requirements shall be immediately brought to the attention of the Contracting Officer or authorized representative of the Contracting Officer for final resolution.

The Contractor shall notify the Contracting Officer or his authorized representative in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for all fines, penalties, and costs that 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 the Contractor's compensation). All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the Contracting Officer to halt any Contractor performance with commensurate deduction of monies due the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during the 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 Liberty Fire Department,

(910) 396-1504, and the COR, (910) 908-4274.

1.9.1.1 The Contractor shall immediately notify the COR of all fuel spills noted during deliveries.

1.9.2 Equipment Safety

1.9.2.1 The Contractor shall always keep trucks and equipment in good repair. 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.

1.9.2.2 The COR may inspect any equipment used in the performance of this contract at any time. If the equipment is at any time deemed unsafe or unserviceable by the COR, the Contractor will remove the equipment from the area immediately. The Government does not assume and now specifically disavows any duty to inspect the equipment to ensure safe operation, which is the Contractor's responsibility and their PM's responsibility. The Contractor or subcontractor(s) at any tier are always responsible for assuring equipment is safe, operational, and used responsibly.

1.10 Personnel Safety

1.10.1 The Contractor shall deliver requirements to protect employees from harm or injury.

Work shall be scheduled to afford this protection.

1.10.2 The Contractor shall immediately correct all safety deficiencies upon notification by the Contracting Officer Representative and notify the Contracting Officer Representative of the corrective action to be taken. When delivered to the Contractor or the Contractor's representative at the site of work, such notice shall be deemed sufficient for this purpose.

1.11 Contractor Damages: The Contractor shall be responsible for all damages to Government property occurring because 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.

2. DEFINITIONS AND ACRONYMS

2.1. DEFINITIONS

2.1.1. CONTRACTOR: A supplier or vendor awarded a contract to provide specific supplies to the Government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER: A person with authority to enter, administer, and terminate contracts and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR): An employee of the US Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and state the scope of authority and limitations.

This individual has the authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have the authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SUPPLY: A supply output that does not meet the standard for delivery associated with the Statement of Work.

2.1.5. DELIVERABLE: Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.6 DEMARCATION POINT: The Contractor's equipment responsibility ends, and the Government's begins. This point is and includes the first shut-off valve inside the Government facility.

2.1.7 ECONOMIC PRICE ADJUSTMENT (EPA) – MONTHLY: An upward or downward adjustment in LPG unit prices based on a market indicator. The Contractor will be required to notify the Contracting Officer to the LPG unit price monthly based solely upon the Butane- Propane News (BPN) Weekly Propane Newsletter published NC APEX average price.

2.1.9. KEY PERSONNEL: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the SOW. When key personnel are used as an evaluation factor in best-value procurement, an offer can be rejected if it does not have a firm commitment from the persons listed in the proposal.

2.1.10 MARGIN PRICE: The Margin Price contains all of the Contractor's base cost, i.e., overhead, profit, direct labor, and transportation cost. The margin is a fixed price per contract period and is not subject to upward or downward adjustment. The cost of the LPG product will not be included in this price.

2.1.11. PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property.

2.1.12. QUALITY CONTROL: All necessary measures taken by the Contractor to assure that the quality of delivery shall meet contract requirements.

2.1.13. SUBCONTRACTOR: One that enters into a contract with a prime contractor. The Government does not have the privity of a contract with the subcontractor.

2.1.14. WORKDAY: The number of hours per day the Contractor provides supplies in accordance with the contract.

2.1.15. WORK WEEK: Monday through Friday, unless specified otherwise.

2.1.19 APEX: Market Indicator - the NC APEX price index average that is posted in BPN's Weekly Propane Newsletter, which is published on a weekly basis by Butane-Propane News, Inc., of Arcadia, California. It measures the general rate and direction of price movement for this commodity within a market. However, it does not indicate a mandatory source of supply or area where offerors must obtain propane supplies. This will be the only index used for the monthly

EPA.

2.1.20 UNIT PRICE PER GALLON: The monthly unit price charged to the Government based solely on the first NC APEX average price (plus the Contractor's MARGIN cost) that is published in BPN's weekly issue, which has a POSTING date on or after, the 15th day of the current month. This new unit price will take effect on the 1st day of the following month.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement COR Contracting Officer Representative DMO Demand Maintenance Order DOD Department of Defense KO Contracting Officer SOW Statement of Work TE Technical Exhibit

3. Government Furnished Items:

3.1 Tank Blockage: The Government will take all necessary action to resolve any Contractor-identified tank blockages so as not to delay the performance of work.

3.2 Government Equipment: The Government will provide installation, maintenance, and repair service for all piping, tubing, and fittings from the first shut-off valve (demarcation point) inside the buildings to the appliances.

4. Contractor Furnished Items and Responsibilities:

4.1 General: The Contractor shall provide all the trucks necessary to accomplish gas delivery to all the delivery points under this contract, including meeting any accelerated delivery requirements that occur as a result of the peak winter months.

4.2. Trucks provided by the Contractor shall meet the following minimum standards:

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

4.3.1 Vehicles shall be numbered and marked with the company's name with letters and numbers.

4.3.2 Metering Certification: Prior to making any deliveries under this contract, the Contractor shall submit evidence of truck meter calibration certification by an independent company or State agency in accordance with State standards to the Contracting Officer. 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 COR.

5. Specific Tasks

5.1 Basic Supply: The Contractor shall provide for the delivery of Liquefied Propane (LP) Gas – Propane, Type II bulk liquid.

5.2 Task Heading: 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. The Contractor may use a degree-day prediction system to preclude outages. All tanks will be checked at least once a month to ensure all tanks stay full and to avoid any unexpected outages.

Deliveries shall be documented by metered delivery tickets, which clearly identify the building number where the propane gas was delivered.

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

5.2.2.1 The Contractor shall furnish a delivery schedule to Building Pope 251 (Service Contracts Office), NLT 8:00 a.m., on the 7 business days before the scheduled delivery. The schedule shall include the delivery route by truck, building number, and driver. All scheduled deliveries shall be made in accordance with the 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. Any changes to the schedule need to be provided to the COR 48 hours prior to the scheduled delivery to be changed.

5.2.3 All quantities delivered shall be accurately metered with the amount printed on the metered delivery tickets. Metered delivery tickets shall be submitted on the next business day via email to the COR, located in Pope Building 251, Service Contracts Office. The Contractor shall not invoice until all tickets are submitted. The Contractor shall submit all metered delivery tickets within 24 hours of delivery, excluding non-business days. The Contractor shall submit all invoices by the 5th of each month. Deliveries shall be documented by metered tickets, which clearly identify the tank into which the propane gas was delivered.

5.2.4 Scheduled deliveries shall be made to the Government under this contract during the hours of 7:30 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. A schedule for the upcoming deliveries will be supplied to the COR 7 business days before the scheduled delivery. This schedule will include all areas and facilities that will be visited on each delivery day, the driver that will be making the delivery, and the truck being used. Any changes to the schedule need to be sent to the COR at least 48 hours before a scheduled delivery.

5.2.5 Demand Maintenance Order (DMO) Response: In the event there is a DMO put in by a customer, the Contractor will be available to deliver propane within the time frames of the DMO listed below. Priority 1 – 24 hours, Priority 2 – 7 Days, and Priority 3 – 30 days. The Contractor will provide an emergency contact to facilitate the needs required by the DMO. Performance of the DMOs are part of the contract requirements, and not separately reimbursable under an ODC

CLIN.

5.4 Delivery Tickets: As a minimum, the Contractor shall provide for each building one (1) printed meter delivery ticket containing the following information:

Building number of delivery.

Name of the delivery driver Date of delivery.

Size of Tank Number of Gallons Delivered Anhydrous (absolute) methanol (see section 5.11 for required months) Contractor Truck Number

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

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. Show the number of tanks at the building and size, if known. A delivery ticket is required for each tank due to some buildings having multiple tanks. The delivery ticket will not need to be initiated or signed by the driver. However, the printed delivery ticket shall have the truck driver’s name printed.

5.6 The Contractor shall report any damaged Government-owned equipment (e.g., tanks or vents) by telephone or in writing for the applicable building to the COR.

5.8 Draining of Propane Gas Tanks: The Contractor may be notified by the COR to pump out tanks that are no longer required or leaking. The Contractor shall transfer the propane gas to other Government-furnished propane gas tanks or give credit to Fort Liberty for the percent of propane gas in the tanks. The credit shall be computed at the same price paid by the Government at the time of delivery of the propane gas.

5.9 Purging and Neutralizing Moisture: The Contractor shall ensure all propane gas supplied under this Contractor is moisture-free.

5.10 The Contractor shall purge all new Government-owned propane gas tanks before filling.

Only gaseous propane gas shall be used for purging. At least five (5) purging cycles shall be used, consuming approximately 16 gallons for 1,000-gallon tanks and 8 gallons for 500-gallon tanks.

5.11 The Contractor shall add anhydrous (absolute) methanol to all propane gas for delivery to the installation during the months of October, November, December, January, February, and March.

5.12 Quality Control: The Contractor shall affirmatively supervise and review the actions of all employees, agents, and subcontractors so as to ensure that the terms of this contract are met.

5.13 Damage 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 replacements, 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.

5.14 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 replacements, 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. The Contractor shall be responsible for all damages to government property occurring as a result of the Contractor's negligence and shall promptly make all necessary repairs at no cost to the Government and to the satisfaction of the Government.

5.16 Damage to Government Property from Causes 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.

5.18 Meter Measurements: All Contractor delivery truck meters will provide readings in the same unit of measure (gallons).

5.18.1 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.

5.19 Price Verification: The Contractor will be responsible for performing the monthly review of the Apex, NC Principal Average, as published in the BPN Weekly Propane Newsletter, and will provide a complete copy of the information to the Contracting Officer prior to the beginning of the month throughout the duration of the ordering period, and shall list the price change that will take effect as follows:

5.20.2 Calculations: All calculations will be rounded to four decimal places and will be accomplished using the following formula:

APEX + Margin = Unit Price

The contract LPG unit prices maybe be revised upward or downward through the issuance of a formal monthly EPA letter by the Contractor to the Contracting Officer.

5.20.3 FOR EXAMPLE ONLY: On 15 August 20XX, the published Apex, NC Principal Average, as stated in the BPN Weekly Propane Newsletter, reads 15965, then the Apex, NC Principal Average is converted to read $1.59650, as the Apex, NC Principal Average component in the Unit Price formula. The Unit Price for LP Gas beginning on 1 September 20XX will be $1.59650+ margin = the month of [CALENDAR MONTH] estimated amount (EST AMT). The new price will take effect on the first (1st) day of the following month.

5.20.4 Effective Period: The revised unit prices shall apply to all deliveries made on or after the first day of the month for which EPA was made effective and shall remain in effect for the remainder of the month.

5.20.5 Revision of Market Price Indicator: If the APEX NC market price indicator is discontinued, its method of derivation is altered substantially, or the Contracting Officer determines that the market price indicator consistently and substantially failed to reflect market conditions, the parties shall mutually agree upon an appropriate and comparable substitute and the contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with FAR Clause 52.212-4, Contract Terms and Conditions - Commercial Items, paragraph (d), Disputes.

6. Applicable Publications

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. AR 25-2, 29 CFR 1910, EM 385-1-1, AR 190-5, FAR Subpart 9.5

7. Technical Exhibit List

7.1 Technical Exhibit 1 – Tank Inventory

7.2 Technical Exhibit 2 – Delivery History

Technical Exhibit 1

TANKS ON FORT LIBERTY'S MAIN POST

BUILDING

NUMBER

ADDESS/LOCATION

OF TANKS(S)

TANK

CAPACITY(GALLONS)

PER UNIT

QUANTITY

OF TANKS

AT EACH

BUILDING

IDENTIFIED

MILES

RADIUS

FROM

KNOW

STREET TO

ACCESS

CONTROL

POINT(ACP)

GROUND

LEVEL

ORIENTATION

OF TANK

O-9062 Natural Resources 57 1 5 to 10 Above

O-1900G SOFT 200 1 5 to 10 Above

O-1900H SOFT 200 1 5 to 10 Above

OX-101 Weapons Maintenance 325 1 5 to 10 Above

1-4979 Knox Street 500 1 5 to 10 Above

1-5625 Ryder Golf Course, Gym, End of Normandy St 500 1 5 to 10 Below

1-5923 Golf Maintenance 500 1 5 to 10 Above

2-1114 500 1 5 to 10 Above

2-2020A Dragon University, Woodruff St, Between Jackson St & Armistead

St 500 1 5 to 10 Above

2-2020B 500 1 5 to 10 Above

3-1335 500 1 5 to 10 Above

3-1537 Grounds Maintenance, Dpw Compound Area, off Butner Rd 500 1 5 to 10 Above

3-1736 DPW Compound Area, off Butner Rd 500 1 5 to 10 Above

3-1836 500 1 5 to 10 Above

3-1935A DPW Storage, DPW Compound Area, off

Butner Rd 500 1 5 to 10 Above

3-1935B DPW Storage, DPW Compound Area, off

Butner Rd 500 1 5 to 10 Above

3-1935C DPW Storage, DPW Compound Area, off

Butner Rd 500 1 5 to 10 Above

5-1402 MWR Recreation Check-Out, Knox St. 500 1 5 to 10 Above

6-9572 Fire Station, Corner

Knox St & Honeycutt Rd 500 1 5 to 10 Above

8-1822 Warehouse, Behind CID

Office, off Scott St & Randolph St 500 1 5 to 10 Above

8-4513 Not provided at this time 500 1 5 to 10 Above

8-6106 Ord St. 500 1 5 to 10 Above

A-1815 Taylor St 500 1 5 to 10 Above

M-1357 Office 500 1 5 to 10 Above

M-5554 Logistics Street 500 1 5 to 10 Above

O-8403 Airborne Leadership 500 1 5 to 10 Above

O-8404 Airborne Leadership 500 1 5 to 10 Above

O-8405 Airborne Leadership 500 1 5 to 10 Above

O-8406 Airborne Leadership 500 1 5 to 10 Above

O-8408 Airborne Leadership 500 1 5 to 10 Above

O-8409 Airborne Leadership 500 1 5 to 10 Above

O-8411 Airborne Leadership 500 1 5 to 10 Above

O-8412 Airborne Leadership 500 1 5 to 10 Above

O-8413 Airborne Leadership 500 1 5 to 10 Below

O-8414 Airborne Leadership 500 1 5 to 10 Above

O-9007 Range Station 500 1 5 to 10 Above

O-9125 Endangered Species 500 1 5 to 10 Above

O-9129 Hunting and Fishing 500 1 5 to 10 Above

T-2103 Not provided at this time 500 1 5 to 10 Above

T-2761B Camp MacKall 500 1 5 to 10 Above

T-2766 Camp MacKall 500 1 5 to 10 Above

3-2436

Road Section, DPW Compound, off Butner

Rd 1000 1 5 to 10 Above

5-5210

Maint Railk Road Yard, Off Honeycutt Rd Or

Off Knox St 1000 1 5 to 10 Above

5-6211 Honeycutt Road 1000 1 5 to 10 Above

6-9262 Parsons 1000 1 5 to 10 Above

8-3267A Rogers CDC 1000 1 5 to 10 Above

8-3267B Rogers CDC 1000 1 5 to 10 Above

8-4608A Warehouse 1000 1 5 to 10 Above

8-4608B Warehouse 500 1 5 to 10 Above

A-6340 Rifle Road 1000 1 5 to 10 Above

A-6341 Rifle Road 1000 1 5 to 10 Above

A-6343 Rifle Road 1000 1 5 to 10 Above

A-6900 Pike Field Hut 1000 1 5 to 10 Above

K-1219 Stryker Golf Course 1000 1 5 to 10 Above

M-6150 Logistics & Ordnance 1000 1 5 to 10 Above

O-1900A SOFT 1000 1 5 to 10 Above

O-1900B SOFT 1000 1 5 to 10 Above

O-1900C SOFT 1000 1 5 to 10 Above

O-1900D SOFT 1000 1 5 to 10 Above

O-1900E SOFT 1000 1 5 to 10 Above

O-1900F SOFT 1000 1 5 to 10 Above

O-3570 Range 37 1000 1 5 to 10 Above

O-8402 Airborne Leadership 1000 1 5 to 10 Above

O-9073 Aberdeen Training

Facility 1000 1 35 Below

O-9013A Aberdeen Training

Facility 1000 1 5 to 10 above

O-9013B Aberdeen Training

Facility 1000 1 5 to 10 above

O-9013C Aberdeen Training

Facility 1000 1 5 to 10 above

O-9103 Forestry 1000 1 35 Above

O-9113 Env Greenhouse 1000 1 35 Above

O-9127 McKeller's Lodge 1000 1 5 to 10 Above

O-9389 CVWF 1000 1 5 to 10 Above

OX-102A

Not provided at this time 1000 1 5 to 10 Above

OX-102B

Not provided at this time 1000 1 5 to 10 Above

OX-102C

Not provided at this time 1000 1 5 to 10 Above

OX-102D

Not provided at this time 1000 1 5 to 10 Above

T-2745 DRC Camp MacKall 1000 1 45 Above

T-2761A Camp MacKall 1000 1 45 Above

O-9383 CVWF 2000 1 5 to 10 Above

L-6323

Gordon Elementary School; Linden Oaks

Housing Area 18000 1 5 to 10 Below

T-3470A Camp MacKall 18000 1 5 to 10 Above

T-3470B Camp MacKall 18000 1 5 to 10 Above

Technical Exhibit 2

Month of LP Gas Deliveries Gallons of LP Gas Delivered

30-Jan-23 25,051.50

30-Feb-23 24,875.50

30-Mar-23 18,700.40

30-Apr-23 7,336.80

30-May-23 12,662.90

30-Jun-23 18,122.20

30-Jul-23 7,124.30

30-Aug-23 10,728.10

30-Sep-23 12,238.60

30-Oct-23 17,389.20

30-Nov-23 17144.1

30-Dec-23 22407.4

193781

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 28-MAR-2024 TO

27-FEB-2029

N/A DA, DIRECTORATE OF PUBLIC WORKS

DPW

2175 ROCK MERRITT AVE, STOP A

FORT LIBERTY, NC NC 28310

FOB: Destination

W36B5K

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acq.gov

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

252.201-7000 Contracting Officer's Representative DEC 1991 252.234-7003 Notice of Cost and Software Data Reporting System--Basic NOV 2014

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://piee.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://piee.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

COMBO

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0490

Issue By DoDAAC W91247

Admin DoDAAC** W91247

Inspect By DoDAAC W36B5K

Ship To Code W36B5K

Service Approver (DoDAAC) W36B5K

Service Acceptor (DoDAAC) W36B5K

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

stephen.m.raines2.civ@army.mil 910-908-4274

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Section H - Special Contract Requirements

ADDENDUM TO 52.212-4

(d) Add paragraph (c)(1) as follows:

(c)(1) Contract Administration Data. The Contracting Officer is responsible for the administration of this contract and, alone, is authorized to take actions on behalf of the Government that result in changes in the terms of the contract. The Contracting Officer is Quentin Williams, quentin.williams.civ@army.mil and the Contract Specialist is Jarvis D. Johnson, jarvis.d.johnson23.civ@army.mil. Changes to the Contracting Officer or Contract Specialist may be made by written correspondence from the contracting office in lieu of a modification to the contract.

(e) Replace paragraph (g)(1) with the following:

(g) Invoice WIDE AREA WORKFLOW (WAWF): The contractor shall invoice in accordance with the instructions at DFARS clause 252.232-7006 Wide Area Work Flow

(f) Paragraphs (h), (j) are deleted in their entirety.

(g) Add paragraph (q)(1) and (q)(2) with the following:

(q)(1) Insurance Requirements. The following kinds and minimum amounts of insurance are required in accordance with FAR clause 52.228-5 entitled, “Insurance—Work on a Government Installation.”

KIND: AMOUNT

Workmen’s Compensation and Occupational Disease Insurance

Amount required by the State in which this contract is performed.

Employer’s Liability Insurance $100,000 Comprehensive General Liability Insurance for Bodily Injury

$500,000 per occurrence

Comprehensive Automobile Liability $200,000 per person $500,000 per occurrence for Bodily Injury and $20,000 per occurrence for Property Damage

NOTE: Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The Contractor shall provide proof of insurance before commencing work under this contract. Note: Certificate of Insurance shall reference the contract number.

(q)(2) Post-Award Conference.

(a) Prior to the Contractor starting work, a post award conference (as described in FAR Subpart 42.5), will be convened by the Mission and Installation Contracting Command (MICC) Center - Fort Liberty, North Carolina. The Contractor’s Project Manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor shall also attend.

(b) The Contracting Officer and the Contractor will agree to the date, time and location of the conference after contract award. In the event of a conflict in schedules, the Contracting Officer will establish the date for the conference.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.203-19 Prohibition on Requiring Certain Internal…