W9124M-17-R-0004.pdf

SEE ADDENDUM

(No Collect Calls)

W9124M-17-R-0004 08-Jun-2017

b. TELEPHONE NUMBER

912-767-5997

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 11 Jul 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9124M9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LEVETTE LANIER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0010998649

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MICC - FORT STEWART

976 WILLIAM H. WILSON AVE SUITE 100

FORT STEWART GA 31314

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W33DL4 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DPW FORT STEWART

AMY HUBBARD

1557 FRANK COCHRAN DR

FORT STEWART GA 31314

TEL: 912-767-5505 FAX:

FAX:

TEL: (912)767-8420 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

221210

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF33

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9124M-17-R-0004

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 95,000 Gallon Base Period - Deliver LP gas to FS

FFP

Purchase and deliver liquefied petroleum (LP) gas to various buildings on Fort Stewart, GA. Furnish all labor, equipment, transportation, and materials necessary to deliver LP gas into storage tanks as indicated in the attached specifications for the period of 1 Sep 2017-31 Aug 2018.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010998649

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 95,000 Gallon OPTION Option Period 1 - Deliver LP gas to FS

FFP

Purchase and deliver liquefied petroleum (LP) gas to various buildings on Fort Stewart, GA. Furnish all labor, equipment, transportation, and materials necessary to deliver LP gas into storage tanks as indicated in the attached specifications for the period of 1 Sep 2018 - 31 Aug 2019.

UNIT UNIT PRICE ESTIMATED AMOUNT

0003 95,000 Gallon OPTION Option Period 2 - Deliver LP gas to FS

FFP

Purchase and deliver liquefied petroleum (LP) gas to various buildings on Fort Stewart, GA. Furnish all labor, equipment, transportation, and materials necessary to deliver LP gas into storage tanks as indicated in the attached specifications for the period of 1 Sep 2019 - 31 Aug 2020.

STATEMENT OF WORK

Notes:

(1) Proposals are due 11 Jul 2017 no later than 2:00 p.m.

(2) Email submission of proposals is preferred.

(3) Questions pertaining to the solicitation will be accepted until 10:00 a.m. 26 Jun 2017 after which time no other questions will be accepted.

(4) The solicitation is for a 1‐year base period and 2 each 1‐year option periods.

Part 1

General Information

1. GENERAL: This is a utilities contract to provide liquefied petroleum (LP) gas. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, transportation, tools, and other items necessary to deliver LP gas into storage tanks located at Fort Stewart (FS), Georgia, to include the Garrison/Cantonment, ranges, and outlying areas, in accordance with commercial industry standards. The Contractor shall perform to the standards in this performance work statement (PWS).

1.2. Background: Deliveries are to be made to all U.S. Army owned LP gas tanks located at FS. This includes tanks that are located outside of the Garrison/Cantonment area, including Camp Oliver, Evans Field, Holbrook Pond, Wright Army Airfield, and Ranges. The majority of the LP tanks are located above ground. Their size ranges from 500 gallon tanks to 2,000 gallon tanks, with one above ground 10,000 gallon tank. LP gas is used primarily to provide heat and/or cooking fuel to buildings. A list of all Government owned LP tanks located at FS is attached at

TECHNICAL EXHIBIT 3.

1.3 Technical Point of Contact: Amy Hubbard, telephone (912) 767‐5505 is hereby identified as the technical point of contact between the Contractor and the acquiring activity. This individual may acknowledge receipt, inspect, and accept conformance to the contract except for any discrepancies and/or deficiencies as noted of services furnished by the Contractor in accordance with the terms and conditions of the contract. Any discrepancies and/or deficiencies noted by this individual during the performance of work by the Contractor shall be reported by her to the Contracting Officer for corrective action. This individual is not authorized to make any changes in any of the provisions of the contract. The presence, or absence of this individual during the performance of the work by the Contractor shall not relieve the Contractor from any and all requirements of the contract.

1.4. Scope: To maintain an automatic delivery schedule of LP Gas at FS which shall assure the level of fuel in each tank is twenty percent (20%) or above. The Contractor shall be liable for damages to the Government as a result of LP Gas outages. Damages shall be the actual repair cost to the Government.

1.5. Period of Performance: The period of performance shall be for one 1‐year base period and two 1‐year option periods.

Base period 1 Sep 2017 – 31 Aug 2018 Option period I 1 Sep 2018 – 31 Aug 2019 Option period II 1 Sep 2019 – 31 Aug 2020

1.6. General Information

1.6.1. Quality Control: Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services to the Government (see FAR 52.246‐1 Contractor Inspection Requirements).

1.6.1.1. Quality Control Plan: The Government is committed to a highly interactive relationship between quality control by the Contractor and quality assurance by the Government recipient of services. This relationship shall be achieved through an effective Prevention Based Quality Control Program dedicated to ensuring the best possible products and services to end users. The Contractor shall provide to the Contracting Officer (KO) the final written Quality Control Plan (QCP) no later than 10 calendar days after receipt of award and within five 5 work days of any proposed change.

1.6.1.2. The Contractor’s QCP shall demonstrate its prevention‐based outlook by meeting the objectives stated in the performance work statement (PWS) throughout all areas of performance. The QCP shall be developed to specify the Contractor’s responsibility for management and quality control actions to meet the terms of the contract.

1.6.1.3. Upon request from the Contracting Officer’s Representative (COR), the Contractor shall provide, no later than 5 work days, all reports generated as a result of the Contractor’s quality control efforts.

1.6.1.4. The Contractor’s QCP shall be incorporated into and become part of the contract after the plan has been accepted by the KO. Proposed changes made after KO acceptance shall be submitted in writing through the COR to the KO for review and acceptance prior to implementing any revision. The Contractor’s QCP shall be maintained throughout the life of the contract and shall include the Contractor’s procedures to routinely evaluate the effectiveness of the plan to ensure the Contractor is meeting the performance standards and requirements of the contract.

1.6.2. Contractor Discrepancy Report (CDR): When the Contractor's performance is unsatisfactory, a CDR will be issued. The Contractor shall reply in writing no later than 5 work days from the date of receipt of the CDR giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

1.6.3. Quality Assurance: The COR will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the COR must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rates.

When an observation indicates defective performance, the COR will notify the KO who will notify the Contractor of the defective performance.

1.6.4. Type of Contract: The Government will award a firm fixed contract.

1.6.5. Recognized Federal Holidays: The Contractor shall not be required to perform services on recognized federal holidays. 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

1.6.5.1. When a holiday occurs on a Saturday, Federal employees are normally granted the previous Friday as the holiday observance. When a holiday occurs on a Sunday, Federal employees are normally granted the following Monday as the holiday. The Contractor shall work on the days the Government is scheduled to work.

1.6.5.2. When an unforeseen Installation closure occurs on a regularly scheduled day of work, when possible, the Government will notify the Contractor of the closure.

1.6.6. Hours of Operation: The Contractor shall be responsible for providing services, between the hours of 7:30 AM – 4:00 PM EST, Monday through Friday, except federal holidays or when the Government facility is closed. If work is needed outside of the hours of operation that results in overtime (OT) or compensatory time (CT) the KO must approve prior to the performance of work.

1.6.7. Place of Performance: Contractor shall have routine access to Government owned LP tanks.

1.6.8. Security Requirements: Contractor personnel shall comply with all applicable security and safety regulations, guidance, and procedures.

1.6.9. The Contractor shall be responsible for ensuring all personnel performing work under a resulting contract adheres with all commercial industry standards.

1.6.10. Contractor personnel shall be able to communicate efficiently to carry out all contract requirements.

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

1.6.12. 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 Provost Marshal Office, Director of Emergency Services or Security Office. Contractor personnel shall comply with all personal identity verification requirements as directed by Department of Defense (DOD), HQ Department of Army (DA) or local policies. Sponsoring organizations, activities, and persons will be responsible for monitoring Contractor access by submitting a completed and approved DES Form 118 to the Installation All American Visitors Control Center (VCC), Building 226, detailing the contracted services to be performed, location of services, and duration of the contract. Contractors requesting access for less than one year may receive an AIE visitor card on a case by case basis, or a temporary vehicle pass for 90 days. Contractor cards will be issued for periods of one to three years depending on the terms of their contract. AIE card expirations may be updated to reflect a new contract period by submitting an approved DES Form 118 to the All American VCC. Renewed short term passes must be re‐processed at the All American VCC. 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. DES contact information is available at the following website: http://www.stewart.army.mil/info/?id=391.

1.6.13. Short Term Access: Visitors that do not have a DoD issued identification card (Common Access Card, Military ID, Military Dependent ID, or Automated Installation Entry Card) must visit the Visitor Control Center at Gate One at Fort Stewart or Montgomery Gate at Hunter Army Airfield. Visitors are required to provide proof of vehicle registration, proof of insurance, valid picture identification, and agree to a background check in order to receive a visitor’s pass. Valid picture identification includes driver’s license, state issued ID, DD Form 1173, DD Form 2 series, or a pass port. The process takes approximately 10 minutes per person. Specific information regarding visitors’ access, background checks, and contact information can be found at the following web address:

http://www.stewart.army.mil/info/?id=391.

1.6.14. Long Term Access: Contractors performing work on Fort Stewart for an extended period of time, and who do not have a DoD Issued identification card, may request an Automated Installation Entry (AIE) Card. Personnel must agree to a background check through the National Crime Information Center Interstate Identification Index, a Federal Bureau of Investigation database. The AIE card will grant access to the installation without visiting the Visitor Control Center each time. The AIE Card is valid for up to 1 year and must be refreshed annually or upon expiration. The Contracting Officer's Representative will serve as the sponsor for the AIE card. Further information regarding the AIE card and how to obtain one can be found at the following web address:

http://www.stewart.army.mil/info/?id=463&p=0. The required IMSH Form 2737‐E‐R and instructions for submitting the form can be found at the following web address: http://www.stewart.army.mil/info/?id=463&p=4.

1.6.15. Commercial Truck Access: All commercial trucks weighing 5‐tons or greater, must use the dedicated truck inspection point at the 15th Street Access Control Point (Gate 7/7C) at Fort Stewart or Montgomery Gate at Hunter Army Airfield. Contractor employees who have gone through AIE Card process and are driving a commercial vehicle may access the installations through any gate. Further information regarding commercial truck access can be found at the following web address: http://www.stewart.army.mil/info/?id=463&p=0.

1.6.16. Training:

1.6.16.1. Anti‐Terrorism (AT) Level I Training: Contractor personnel that require access to Army Installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after commencing performance under this contract. The Contractor shall submit employee certificates of completion within 5 calendar days after completion of the training. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html

1.6.16.2. iWATCH Training: The Contractor shall brief all personnel performing work under this contract on the local iWATCH program. 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 30 calendar days of contract award with the results reported to the COR within 5 calendar days of completion of training. This standard applies to current and new employees. iWATCH training is available at the following website: http://www.stewart.army.mil/info/?id=541

1.6.16.3. OPSEC Training: Operations Security, new contract employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. OPSEC training is available at the following website: https://www.iad.gov/ioss

1.6.16.4. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles, so that each employee will know and understand the provisions of that Subpart and the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.

1.6.16.5. Sustainability Management System (SMS) Training: The Contractor shall complete SMS Awareness Training within 7 days of the Notice to Proceed. (http://stewdpwa401/smsquiz/)

1.6.17. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. At these meetings the KO and COR will discuss with the Contractor how the Government views the Contractor's performance and the Contractor will discuss, if any, issues with the Government. If needed, appropriate action shall be taken to resolve any outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.18. Contracting Officer Representative (COR): The COR will be identified by a separate letter of appointment.

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. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.6.19. Quality Assurance Evaluator (QAE) – An individual nominated by the requiring activity to assist the COR and provide technical oversight of the Contractor’s performance. The QAE’s primary duty is to monitor the Contractor’s performance by physically checking to see that tasks are completed, reports are submitted, and desired outcomes are achieved. When a surveillance observation results in an unacceptable evaluation, the QAE will report the unacceptable performance to the COR. The QAE is not authorized to direct work, offer advice on how the work should be performed, change the contract, or in any way obligate payment of funds by the Government.

1.6.20. Key Personnel: Key personnel shall not be added to or removed from the contract without express acknowledgement of the KO and COR. Any changes to the working status of these key personnel shall be transmitted in writing to the KO and COR within 10 work days of the proposed change. If for any reason, any of the key personnel become unavailable to fulfill required duties and responsibilities for an extended period of time, the Contractor shall promptly replace the personnel with equally qualified personnel. Replacements shall be accomplished within a thirty calendar period.

1.6.20.1. Contract Manager: The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the Manager is absent shall be designated in writing to the KO. The Contract Manager or Alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate shall be available between 7:30 a.m. and 4:00 p.m., Monday through Friday except for Federal holidays or when the Government facility is closed for administrative reasons.

1.6.20.2. The Contractor shall provide each employee an Identification (ID) Badge, which includes the Company Name, Employee Name and a photo of the employee. ID Badges for Key Personnel shall also indicate their job title.

ID Badges are to be worn at all times the employee is performing work under this contract. Each Contractor employee 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 is responsible for collection of ID Badges upon completion of contract or termination of employee.

1.6.20.3. Identification of Contractor Personnel: Contractor and all associated sub‐Contractors’ employees shall comply with applicable Installation, facility, and Area Commander Installation/facility access and local security policies and procedures provided by Government representatives. The Contractor shall also provide all information required for background checks to meet Installation access requirements to be accomplished by Installation Provost Marshall Office, Director of Emergency Services, or Security Office. 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. Unless otherwise specified in the contract, Contractor personnel shall wear the identification badge in a conspicuous place on the front of exterior clothing and above the waist, except when safety or health reasons prohibit such placement or when being used for computer access.

1.6.21. Contractor Personnel Appearance and Performance: It is essential that all Contractor personnel meet the highest standards of professionalism and personal integrity. The Contractor shall ensure their personnel do not perform work under the influence of alcohol, illegal prescribed drugs or any other incapacitating agents.

1.6.22. Data Rights: The Government has unlimited rights to all documents and material produced under the contract to the extent permitted by the data rights clauses. The parties mutually acknowledge their understanding that this is the Government’s intent. All documents and materials, to include the source codes of any software, produced under the contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. The documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.7. Organizational Conflict of Interest:

1.7.1. Purpose. To aid in ensuring that:

1.7.1.1. The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

1.7.1.2. The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and

1.7.1.3. The Contractor does not obtain an unfair competitive advantage by virtue of its access to non‐public or proprietary information belonging to others.

1.7.1.4. Organizational Conflicts of Interest Examples: The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

1.7.1.5. Biased Ground Rules: This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

1.7.1.6. Impaired Objectivity: This type of conflict may exist where a Contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a Contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

1.7.1.7. Unequal Access to Information: This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

1.8. General Constraints: The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505‐1, Providing Systems Engineering and Technical Direction, through 9.505‐4, Obtaining Access to

Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the KO that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the KO will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the KO may impose constraints other than, or in addition to, the constraints listed below.

1.8.1. The Contractor agrees that if it gains access to proprietary information of other companies, it will exercise diligent effort to protect such proprietary information from unauthorized use or disclosure (FAR 9.505‐4). In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies it will enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the KO.

1.8.2. If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the KO, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

1.8.3. Subcontracts: The Contractor agrees that it will include the provisions in paragraphs 1.8, 1.8.1, 1.8.2, 1.8.3., above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers, which involve access to information or the performance of services described in paragraph 1.1., above. The use of section 1.5.20., in such agreements, shall be read by substituting the word "consultant" or "subcontractor" for the word "Contractor" whenever the latter appears.

1.8.4. Additional Constraints: If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and/or restrictions relating to 1.8., to include the requirement for the Contractor and its subcontractors and employees to furnish the Government with written non‐disclosure agreements or statements of no conflict of interest. With regard to any proposal submitted by the Contractor, in response to a Request for Task or Delivery Order Proposal, by submitting its proposal the Contractor represents that it has disclosed to the KO, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

1.9. Representations and Disclosures:

1.9.1. The Contractor represents that it has disclosed to the KO, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

1.9.2. The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the KO. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflict.

1.10. Remedies and Waiver:

1.10.1. For breach of any of the above restrictions or for non‐disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with section 1.8., the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the KO may terminate this contract for convenience, if such termination is deemed to be in the best interest of the Government.

1.10.2. The parties recognize that this clause has potential effects, which will survive the performance of this contract, and that it is impossible to foresee each circumstance to which it might be applied in the future.

Accordingly, the Contractor may at any time seek a waiver from the cognizant KO by submitting a full written description of the requested waiver and the reasons in support thereof (FAR 9.503).

1.10.3. Regulatory Requirements:

a. Federal Acquisition Regulation, FAR Clause 52.236‐13: Accident Prevention.

b. Other applicable Federal, State, and local safety and health requirements.

1.10.4. Public Affairs: The Contractor shall not make available to the news media or publicly disclose any data generated or reviewed under this contract without authorization by the COR or KO. When approached by the news media the Contractor shall refer them to the COR or KO. The Contractor and its personnel understand that all reports and data generated under this contract are the property of the Government and distribution to any other source unless authorized by the Directorate of Public Works (DPW) Environmental Storage Tank Program Manager is prohibited.

1.10.5. Conservation of Utilities: The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities which includes turning off valves after filling LP storage Tanks.

1.10.6. If Government personnel are furloughed, the KO shall contact the Contractor to provide direction. It is the Government's decision as to whether the contract price/cost will be affected as a result of Government shutdown and furloughed Government employees. In the event that Government shutdown and furloughed Government employees do impact contract price/cost, a negotiated settlement will be reached as deemed appropriate by the

KO.

1.11. Emergency Services

1.11.1. The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor will, in turn, notify the KO or COR within 30 minutes of the incident.

1.11.2. Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded 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 (KO). A person with authority to enter into, administer, and/or terminate contracts, and to 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 U.S. Government appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has 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 authority to change the terms and conditions of the contract.

2.1.4. CONTRACTOR PERSONNEL. Contractor and subcontractor employees performing work under this contract.

2.1.5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

2.1.6. DELIVERABLE. Anything that can be physically delivered, but may include non‐physical things, such as meeting minutes or reports.

2.1.7. KEY PERSONNEL. Contractor employees who are critical for achieving PWS objectives. Key personnel shall meet position qualification and experience requirements indicated in the PWS. When key personnel qualifications are used as an evaluation factor in “Best Value” procurement, the Contracting Officer is the only one authorized to concur with key personnel replacement after award of the contract. When proposed key personnel resumes are used as an evaluation factor in best value procurement, a letter of commitment may be required from the individual whose resume is provided.

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

2.1.9. PROPRIETARY INFORMATION. For purposes of section 1.7.1.6., Organizational Conflict of Interest, means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

2.1.10. QUALITY ASSURANCE. A planned and systematic pattern of all actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For the purposes of this document, quality assurance refers to actions by the Government.

2.1.11. QUALITY ASSURANCE SURVEILLAND PLAN (QASP). The Government’s organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.12. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

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

2.1.14 Wide Area Work Flow (WAWF): A secure web based system for electronic invoicing, receipt, and acceptance. WAWF allows government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real‐time, paperless environment.

2.1.15. WORK DAY. The length of time during a day in which the Contractor provides services, in accordance with the contract. Also referred to as Business Day.

2.1.16. WORK WEEK. Monday through Friday, unless otherwise specified.

2.1.17. ACCEPTABLE QUALITY LEVEL (AQL): The measure of satisfactory service received by the Government as defined in the Performance Requirement Summary (PRS).

2.2 ACRONYMS:

CFR Code of Federal Regulations COR Contracting Officer Representative DA Department of the Army DES Directorate of Emergency Services DOD Department of Defense FAR Federal Acquisition Regulation KO Contracting Officer POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit WAWF Wide Area Workflow

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. LP Gas delivered under this contract shall be unloaded by contractor‐owned equipment into government‐ owned LP storage Tanks by contractor personnel.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall furnish all property and services not specifically identified in Section 3 as Government‐furnished, but which are necessary to perform the requirements of this contract.

4.2. Delivery tickets: Delivery tickets shall be furnished and prepared by the Contractor for each delivery made.

Copies of the tickets will be provided electronically to the COR no later than 5 working days after the end of the month and mailed copies no later than 10 working days after the end of the month. Emailed, faxed, and hand delivered copies are acceptable. All copies shall be legible and shall contain the following information:

Contractor’s name Contract and delivery order number Building number or tank filled, gallons delivered Beginning and ending percentages of tank

Date of delivery

4.3. Measurements: All measurements of fuel shall be in accordance with approved procedures prescribed by industry standards. All meters used to determine quantity shall be calibrated in accordance with industry standards and calibration reports shall be furnished to the KO and COR upon 10 working days from request.

4.4. Monthly Invoice: No later than 10 working days after the end of the month and prior to submission of the invoice into WAWF, the contractor shall provide a summary invoice to the COR listing all LP Gas deliveries made during the month. The summary invoice shall consolidate all delivery ticket(s) for the month including the total dollar value. The summary invoice shall be submitted to Directorate of Public Works, 1593 Veterans Pkwy, ATTN:

O&M Division, Contract Management Branch, Fort Stewart, GA, 31314. Email and faxed copies are acceptable.

4.5. Outages: The Contractor shall furnish the names and telephone numbers of persons to contact after normal business hours for outages that may occur at Fort Stewart. Response time to an outage shall be within 4 hours.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Basic Services: The Contractor shall deliver LP Gas into Government‐owned LP storage Tanks located at Fort Stewart, Georgia. LP Gas supplied under this contract shall conform to standard industry practices and requirements.

5.2. Deliverables: During the period of this contract, the contractor shall establish and maintain an automatic delivery schedule for FS which shall assure that the level of fuel in each tank is never less than twenty percent (20%) of tank capacity. LP Tanks covered are listed on the FS LP Tank Lists. The Contractor shall be liable for damages to the Government as a result of LP Gas levels below 20% and outages. Damages shall be the actual repair cost to the Government.

5.3. The Contractor shall report in writing any damaged Government‐owned equipment (e.g. Tanks or vents) to the

COR.

5.4. Promptly notify the COR of any inability of Contractor to comply in a timely manner with any of the requirements of this contract.

5.5. Use of Wide Area Workflow (WAWF) for electronic submission of invoices is mandatory. Contractors shall submit invoices electronically through the Defense Finance and Accounting System (DFAS) Wide Area Workflow web invoicing system at https://wawf.eb.mil using the 2‐in‐1 Invoice selection.

(a) To expedite payment, reduce lost documents, and increase visibility into the status of payments, the Department of Defense (DOD) has implemented electronic invoicing. In conformance with Defense Federal Acquisition Regulation supplement (DFARS) Clause 252.232‐7003, Electronic submission of payment Request, which is incorporated herein by reference, contractors shall submit invoices electronically through the Defense Finance and Accounting System (DFAS) Web Invoicing System (Wide Area Workflow – Receipt and Acceptance (WAWF‐RA)) at https://wawf.eb.mil/. Select Invoice us 2‐in‐1, (Services Only) Invoice.

(b) Applicable codes necessary for submission of invoices against this contract are as shown below:

1. ADMINISTERED BY: (LeVette Lanier, Contracting Officer, f10032)

2. ISSUED BY: (W9124M)

3. CONTRACTING OFFICE: (W9124M)

4. PAYMENT: (HQ0490 DFAS‐Indianapolis)

5. DODAAC/INSPECT BY: (W33DL4)

6. LPO: Leave BLANK

7. DESCRIPTION: (LP Gas)

8. CONTRACTOR’S CAGE CODE:

(c) Paper invoices will be rejected and returned and the Contractor advised to invoice electronically.

(d) For assistance regarding electronic invoicing issues, please contact WAWF Customer Service at 1‐866‐618‐5988 or DFAS Electronic Commerce Division at 1‐614‐693‐6868. Web‐based training is available at the WAWF site https://www.wawftraining.com

5.6. Pre‐award Information:

The Government reserves the right, prior to making an award, to conduct a pre‐award survey of the prospective contractors in order to determine that the contractors can meet the minimum standards for responsible contractors as defined in Federal Acquisition Regulation (FAR) 9.106. The pre‐award survey may include, but will not necessarily be limited to the following factors:

(1) Financial Resources such as sufficient working capital to permit performance under the contract for a period of sixty (60) days after the effective date of the contract before reimbursement by the Government;

(2) Ability to comply with required schedules;

(3) Past record of integrity;

(4) Past record of performance; and

(5) Ability to meet other qualifications and eligibility requirements to receive award of a contract.

An on‐site inspection may be conducted of the facility of the apparent successful bidder (s)/offeror(s) prior to contract award to ensure compliance with specifications.

Please provide three (3) performance references and one (1) financial reference in the spaces provided below. The performance references can consist of companies for which you have recently performed work or work on other Government contracts. References must be of comparable magnitude and similar in nature to the work required under this solicitation. The financial reference should be your primary financial institution.

Three Performance References:

Name:__________________________________________ Address:________________________________________ Point of Contact:_________________________________ Phone:___________________________________

Contract Number:___________________________ Amount:_________________________________ Description:____________________________________________________________________________

Point of Contact:_________________________________ Phone:___________________________________ Contract Number:___________________________ Amount:_________________________________ Description:____________________________________________________________________________

Point of Contact:_________________________________ Phone:___________________________________ Contract Number:___________________________ Amount:_________________________________ Description:____________________________________________________________________________

Financial Reference:

Name:_________________________________ Address:_______________________________

POC:_________________________________

Phone:________________________________ Account Number:________________________

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

NUMBER DATED DESCRIPTION MANDATORY ADVISORY

AR 200‐1 Latest Edition Environmental Protection X And Enhancement

AR 385‐10 Latest Edition Army Safety Program X

AR 190‐5 Latest Edition Motor Vehicles Traffic X Supervision

EM‐385‐1‐1 Latest Edition Safety and Health X Requirements Manual

29 CFR 1910 Latest Edition General Industry's OSHA X

OSHA 2206 Latest Edition OSHA Requirements X

AR 420‐90 Latest Edition Fire Emergency Services X

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

ATTACHMENT/TECHNICAL EXHIBIT LIST:

Technical Exhibit 1 – Performance Requirements Summary

Technical Exhibit 2 – Deliverables Schedule

Technical Exhibit 3 – LP Tank List

TECHNICAL EXHIBIT 1

PERFORMANCE REQUIREMENT SUMMARY

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Standards Performance Threshold

Method of Surveillance

PRS # 1. The contractor shall provide delivery Tickets per Section 4.2.

Delivery tickets shall be furnished and prepared by the Contractor for each delivery made. All copies shall be legible and shall contain the following information: Contractor’s name, Contract and delivery order number, Building number or tank filled, Gallons delivered, Beginning and ending percentages of tank, and Date of delivery.

100% Random Sampling;

100% document review

PRS # 2. The contractor shall provide names and telephone numbers of persons to contact after normal business hours for outages per section 4.5.

Response time to an outage shall be within four hours.

No more than 5% defect rate per month.

Random Sampling;

100% document review

PRS # 3. The contractor shall establish and maintain an automatic delivery schedule per Section 1.4 and 5.2.

During the period of this contract, the Contractor shall establish and maintain an automatic delivery schedule which shall assure that the level of fuel in each tank is never less than 20% of tank capacity.

No more than 1 LP tank per month.

Random Sampling;

PRS # 4. The contractor shall provide a monthly invoice per Section 4.4.

A summary invoice will be provided to the COR at the end of each month listing all LP Gas deliveries made during the month.

100% Random Sampling;

100% document review

PRS # 5. The Contractor shall use Wide Area Workflow (WAWF) for electronic submission of invoices per Section 5.5.

Each month Invoices should be entered through the Defense Finance and Accounting System (DFAS) WAWF web invoicing system at https://wawf.eb.mil using the 2‐in‐1 Invoice selection.

100% Random Sampling;

50% document review.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

DELIVERABLE FREQUENCY # OF COPIES MEDIUM/FORMAT SUBMIT TO

DELIVERABLE FREQUENCY # OF COPIES MEDIUM/FORMAT SUBMIT TO

SMS Awareness Training

7 Days After Award of Contract

One Electronic Contracting Officer, COR

Anti‐Terrorism Level 1 Training Certifications

35 calendar days After Award of Contract

One Electronic Contracting Officer, COR iWATCH Training Certification

35 calendar days After Award of Contract

One Electronic Contracting Officer, COR

Quality Control Plan

To be provided to the Contracting Officer with original proposal;

final copy provided not later than 10 calendar days after receipt of award. An updated copy shall be provided to the Contracting Officer and COR as changes occur.

One Electronic Contracting Officer

Monthly…