REQUEST_FOR_PROPOSALS_NO._W912P619R0002_SUPPY_AND_DELIVERY_OF_DIESEL_FUEL_TO_DISPERSAL_BARRIERS_ROMEOVILLE_IL.pdf
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SEE ADDENDUM
(No Collect Calls)
W912P619R0002 30-Aug-2019
b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME
05:00 PM 16 Sep 2019
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.
W912P69. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
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
W81G6680160495
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 OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
U. S. ARMY ENGINEER DISTRICT, CHICAGO
231 SOUTH LASALLE STREET SUITE 1500
CHICAGO IL 60604-1437
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 W912P6 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FISH BARRIER - LOCKPORT
NICHOLAS KARNESIS
790 EAST ROMEO ROAD
LOCKPORT IL 60441
TEL: 312-375-8418 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,500
NAICS:
324110
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 OF58
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.
W912P619R0002
Section A - Solicitation/Contract Form
INTRODUCTION TO PROCUREMENT
THE GOVERNMENT REQUIRES THE WORK DESCRIBED HEREIN THIS REQUEST FOR PROPOSAL
(RFP)
This acquisition is being solicited pursuant to the provisions set forth by Part 12 (Acquisition of Commercial Items) of the the Federal Acquisition Regulation (FAR), utilizing in conjunction, Parts 13 and 15 of the FAR.
CONTINGENCY STATEMENT: Receipt of offers is contingent upon the Chicago Distict’s OC certification.
Once received, the contingency statement will be deleted via an Amendment to this Solicitation.
PROJECT TITLE: SUPPLY OF DIESEL FUEL TO THE USACE-CHICAGO DISTRICT’S DISPERSAL FISH
BARRIERS
A. INTRODUCTION OF REQUIREMENT: The U.S. Army Corps of Engineers, Chicago District Office, located at 231 S. LaSalle Street, Suite 1500, Chicago, Illinois 60604, is seeking a price proposal from qualified SMALL BUSINESS firms to perform the work described herein.
---Acquisition Description: This acquisition requires the vendor to provide services oulined in the enclosed
Scope of Work. The contractor shall also provide diesel fuel to the USACE-Chicago District Dispersal Barriers at Romeoville, IL.
B. PERIOD OF PERFORMANCE: The period of performance for services shall commence as follows:
Base Period – Date of award through 30 September 2020 Option Year 1 – 1 October 2020 through 30 September 2021 Option Year 2 – 1 October 2021 through 30 September 2022 Option Year 3 – 1 October 2022 through 30 September 2023 Option Year 4 – 1 October 2023 through 30 September 2024
C. COMPETITION: Competition for this acquisition is RESTRICTED to ELIGIBLE SMALL BUSINESS CONCERNS. The applicable Size Standard is North American Industry Classification System (NAICS) Code 324110, with a Small Business size standard of 1,500 employees.
AN OFFEROR MUST BE HAVE AN ACTIVE REGISTRATION IN THE SYSTEM FOR AWARD
MANAGEMENT WHEN PLACING AN OFFER/PROPOSAL PACKAGE FOR THIS ACQUISITION.
REGISTRATION CAN BE COMPLETED FREE OF CHARGE AT www.sam.gov.
The GOVERNMENT INTENDS TO AWARD ONE SINGLE INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ), FIRM‐FIXED PRICE SUPPLY CONTRACT resulting from this Solicitation.
SPLIT OR MULTIPLE AWARDS WILL NOT RESULT FROM THIS ACQUISITION.
D. SUBMISSION AND EVALUATION REQUIREMENTS: Contractors shall refer to Sections L and M of this document, wherein contains quotation instructions and award criteria, respectively.
E. INQUIRIES: Any inquiries may be provided to Ericka Hillard at ericka.d.hillard@usace.army.mil. Offerors are encouraged to submit inquiries by 31 August 2019 at 4:30pm.
F. CONTRACTING POINT OF CONTACT:
Ericka Hillard Contract Specialist U.S. Army Corps of Engineers
Contracting Branch, Chicago District 231 S. LaSalle St., Suite 1500 Chicago, IL 60604-1437 Phone 312-846-5378 Fax 312-886-5475 Email: ericka.d.hillard@usace.army.mil
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 60,000 Gallon
SUPPLY OF DIESEL FUEL (BASE PERIOD)
FFP
By this line item, the Contractor shall provide all labor, materials and equipment to furnish diesel fuel to the Dispersal Fish Barriers located at the Chicago District’s Fish Barrier project site, located at Romeoville, IL. Deliveries shall be accomplished in accordance with the enclosed Statement of Work (See Section C of this document).
PERIOD OF PERFORMANCE: The service period commences from the Date of Award through September 30, 2020.
Fuel quantities will be ordered and funded via Delivery Order(s) issued during this Base Period of the Contract. Delivery Orders may be issued electronically or by oral authorization by a Contracting Officer. The Contracting Officer’s Representative will coordinate all fuel deliveries.
The government’s minimum “ordering” obligation for the Base Period is $1,000.00.
The Economic Price Adjustment Clause is applicable to this line item. (Re:
Section H of this document, FAR Clause “52.216-2 ECONOMIC PRICE ADJUSTMENT--STANDARD SUPPLIES”). Accordingly, at the government’s discretion, a modification to a resulting task order may be issued to increase the task order’s unit price to correspond with rate increase resulting from market fluctuations. The aggregate of the increases to the task order’s unit price shall not exceed 20% of the original task order’s unit price. Within 30 days after receipt of the Contractor’s notification of rate increases, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the task order that is affected by the requested increase.
FOB: Destination
PURCHASE REQUEST NUMBER: W81G6680160495
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0002 60,000 Gallon
OPTION SUPPLY OF DIESEL FUEL (OPTION PERIOD 1)
FFP
At the discretion of the government, this Option Period 1 may be awarded within 30 calendar days prior to the ending date of the Base Period. If exercised, the government will award said Option Period by a formal Modification to the Contract. Once awarded, the Contractor will conduct services for a period of 12 months, commencing October 1, 2020 through September 30, 2021. If Option Period 1 is awarded, the government’s minimum “ordering” obligation will be $500.00.
By this line item, the Contractor will be responsible for providing all labor, materials and equipment to furnish diesel fuel to the Dispersal Fish Barriers located at the Chicago District’s Fish Barrier project site, located at Romeoville, IL. Deliveries shall be accomplished in accordance with the enclosed Statement of Work (See Section C of this document).
Fuel quantities will be ordered and funded via Delivery Order(s) issued during this term of the Contract. Delivery Orders may be issued electronically or by oral authorization by a Contracting Officer. The Contracting Officer’s Representative will coordinate all fuel deliveries.
The Economic Price Adjustment Clause is applicable to this line item. (Re:
Section H of this document, FAR Clause “52.216-2 ECONOMIC PRICE ADJUSTMENT--STANDARD SUPPLIES”). Accordingly, at the government’s discretion, a modification to a resulting task order may be issued to increase the task order’s unit price to correspond with rate increase resulting from market fluctuations. The aggregate of the increases to the task order’s unit price shall not exceed 20% of the original task order’s unit price. Within 30 days after receipt of the Contractor’s notification of rate increases, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the task order that is affected by the requested increase.
UNIT UNIT PRICE MAX AMOUNT
0003 60,000 Gallon
OPTION SUPPLY OF DIESEL FUEL (OPTION PERIOD 2)
FFP
At the discretion of the government, this Option Period 2 may be awarded within 30 calendar days prior to the ending date of Option Period 1. If exercised, the government will award said Option Period by a formal Modification to the Contract. Once awarded, the Contractor will conduct services for a period of 12 months, commencing October 1, 2021 through September 30, 2022. If Option Period 2 is awarded, the government’s minimum “ordering” obligation will be located at the Chicago District’s Fish Barrier project site, located at Romeoville, IL. Deliveries shall be accomplished in accordance with the enclosed Statement of Work (See Section C of this document).
Fuel quantities will be ordered and funded via Delivery Order(s) issued during this term of the Contract. Delivery Orders may be issued electronically or by oral authorization by a Contracting Officer. The Contracting Officer’s Representative will coordinate all fuel deliveries.
The Economic Price Adjustment Clause is applicable to this line item. (Re:
Section H of this document, FAR Clause “52.216-2 ECONOMIC PRICE ADJUSTMENT--STANDARD SUPPLIES”). Accordingly, at the government’s discretion, a modification to a resulting task order may be issued to increase the task order’s unit price to correspond with rate increase resulting from market fluctuations. The aggregate of the increases to the task order’s unit price shall not exceed 20% of the original task order’s unit price. Within 30 days after receipt of the Contractor’s notification of rate increases, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the task order that is
UNIT UNIT PRICE MAX AMOUNT
0004 60,000 Gallon
OPTION SUPPLY OF DIESEL FUEL (OPTION PERIOD 3)
FFP
At the discretion of the government, this Option Period 3 may be awarded within 30 calendar days prior to the ending date of Option Period 2. If exercised, the government will award said Option Period by a formal Modification to the Contract. Once awarded, the Contractor will conduct services for a period of 12 months, commencing October 1, 2022 through September 30, 2023. If Option Period 3 is awarded, the government’s minimum “ordering” obligation will be located at the Chicago District’s Fish Barrier project site, located at Romeoville, IL. Deliveries shall be accomplished in accordance with the enclosed Statement of Work (See Section C of this document).
Fuel quantities will be ordered and funded via Delivery Order(s) issued during this term of the Contract. Delivery Orders may be issued electronically or by oral authorization by a Contracting Officer. The Contracting Officer’s Representative will coordinate all fuel deliveries.
The Economic Price Adjustment Clause is applicable to this line item. (Re:
Section H of this document, FAR Clause “52.216-2 ECONOMIC PRICE ADJUSTMENT--STANDARD SUPPLIES”). Accordingly, at the government’s discretion, a modification to a resulting task order may be issued to increase the task order’s unit price to correspond with rate increase resulting from market fluctuations. The aggregate of the increases to the task order’s unit price shall not exceed 20% of the original task order’s unit price. Within 30 days after receipt of the Contractor’s notification of rate increases, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the task order that is
UNIT UNIT PRICE MAX AMOUNT
0005 60,000 Gallon
OPTION SUPPLY OF DIESEL FUEL (OPTION PERIOD 4)
FFP
At the discretion of the government, this Option Period 4 may be awarded within 30 calendar days prior to the ending date of Option Period 3. If exercised, the government will award said Option Period by a formal Modification to the Contract. Once awarded, the Contractor will conduct services for a period of 12 months, commencing October 1, 2023 through September 30, 2024. If Option Period 4 is awarded, the government’s minimum “ordering” obligation will be located at the Chicago District’s Fish Barrier project site, located at Romeoville, IL. Deliveries shall be accomplished in accordance with the enclosed Statement of Work (See Section C of this document).
Fuel quantities will be ordered and funded via Delivery Order(s) issued during this term of the Contract. Delivery Orders may be issued electronically or by oral authorization by a Contracting Officer. The Contracting Officer’s Representative will coordinate all fuel deliveries.
The Economic Price Adjustment Clause is applicable to this line item. (Re:
Section H of this document, FAR Clause “52.216-2 ECONOMIC PRICE ADJUSTMENT--STANDARD SUPPLIES”). Accordingly, at the government’s discretion, a modification to a resulting task order may be issued to increase the task order’s unit price to correspond with rate increase resulting from market fluctuations. The aggregate of the increases to the task order’s unit price shall not exceed 20% of the original task order’s unit price. Within 30 days after receipt of the Contractor’s notification of rate increases, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the task order that is
UNIT UNIT PRICE MAX AMOUNT
0006 5,000 Gallon
OPTION SUPPLY OF DIESEL FUEL "FAR 52.217-8"
FFP
At the discretion of the government, this line item may be exercised in accordance to FAR clause 52.217-8. If exercised, the government will award said Option by a formal Modification to the Contract.
located at the Chicago District’s Fish Barrier project site, located at Romeoville, IL. Deliveries shall be accomplished in accordance with the enclosed Statement of Work (See Section C of this document).
Fuel quantities will be ordered and funded via Delivery Order(s) issued during this term of the Contract. Delivery Orders may be issued electronically or by oral authorization by a Contracting Officer. The Contracting Officer’s Representative will coordinate all fuel deliveries.
The Economic Price Adjustment Clause is applicable to this line item. (Re:
Section H of this document, FAR Clause “52.216-2 ECONOMIC PRICE ADJUSTMENT--STANDARD SUPPLIES”). Accordingly, at the government’s discretion, a modification to a resulting task order may be issued to increase the task order’s unit price to correspond with rate increase resulting from market fluctuations. The aggregate of the increases to the task order’s unit price shall not exceed 20% of the original task order’s unit price. Within 30 days after receipt of the Contractor’s notification of rate increases, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the task order that is
SUMMATION OF PRICES
TOTAL FOR ITEMS 0001 THROUGH 0006: $__________________________
Section C - Descriptions and Specifications
STATEMENT OF WORK
SUPPLY AND DELIVERY OF DIESEL FUEL
Aquatic Nuisance Species Dispersal Barrier
1. GENERAL
a. The U.S. Army Corps of Engineers, Chicago District, seeks Contractor to furnish and deliver, within 24 hours of notification via phone call, not less than 250 gallons per request, but no more than 60,000 gallons annually for the duration of contract, to sustain mission-critical operation of standby power generators at the Aquatic Nuisance Species Dispersal Barrier (ANSDB) located at 790 E. Old Romeo Road, Lockport Illinois, 60441. The diesel fuel deliveries shall be made to the generators and assets described in the following sections using the specified delivery vehicles as requested by phone calls from government designated representatives. Contract will support mission essential power-in-the-water to deter Asian carp from entry into the Great Lakes via the Chicago Sanitary and Ship Canal (CSSC). In the event of any extended power failures refueling may occur on a daily basis until power is restored.
b. Mission essential generators located at the ANSDB have fuel capacities limited to their affixed, above ground, double-wall containment tanks. There are no large capacity bulk storage tanks on the site to provide quick resupply. Per standard operating procedures for the USACE mission at the ANSDB the barrier operates 24/7/365 and generators are activated during recurring barrier efficacy testing, monthly testing, service-dictated maintenance checks and annual load testing. Fuel demand varies between each unit. For example, fuel demand for each of the 2B generators is approximately 100 gallons per hour at full load. Given the generator tank’s best case 3000 gallon maximum capacity in the summer (90% of 3335 gallons to accommodate expansion of fuel, subsequent overflow and environmental spill), this quantity provides a 30-hr run time before loss of power and mission failure occurs if commercial power is not restored.
2. PROJECT LOCATION The diesel fuel shall be delivered to the US Army Corps of Engineers (USACE) ANSDB project site located along the Chicago Sanitary Ship Canal, beneath and north of the 135th Street bridge in Lockport, IL.
3. PROJECT ASSETS The following project assets, location, fuel capacity are the only assets to be fueled under this contract. All generator fuel tanks are located beneath the generators, are above ground and are double-wall contained.
a. 2A Generator, East bank due North of the 135th Street bridge, 3200 gallons
b. 2B North Generator, East bank due North of concrete buildings, 3335 gallons
c. 2B South Generator, East bank due North of concrete buildings, 3335 gallons
d. Demo Generator, East bank due North of PB 1 building, 270 gallons
e. Shed Generator, West bank, 750 gallons
f. TransCube, East bank, 264 gallons
g. PB 1 North Generator, East bank due North of CGBP building, 8900 gallons
h. PB 1 South Generator, East bank due North of CGBP building, 8900 gallons
4 . SAFETY AND HEALTH All services performed by Contractor shall be in accordance with US Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1, Appendix A, Paragraph 11: http://www.usace.army.mil/CESO/Pages/home.aspx
5. MATERIAL & EQUIPMENT SPECIFICATIONS Contractor shall supply Ultra Low Sulfur Diesel Fuel utilizing tanker trucks with pump and meter with vendor name clearly identified on the vehicle. During winter months the diesel fuel shall be of winter blend suitable for and available within the Chicago-land operating area.
6. DELIVERY ORDERING – Fuel quanities will be ordered via a Delivery Order against the Basic Contract. The quanities to be delivered will be coordinated and called upon in the following manners:
a. The USACE shall call for emergency (or scheduled and coordinated) deliveries. Only the following government designated representatives are authorized to coordinate deliveries via resulting Task Orders.
1. Jeff Quigley, 312-806-7100
2. Joe Conigliaro, 312-581-7621
3. Greg Jaglowski, 312-208-9716
4. Nikolay Dundarov, 312-439-3415
5. Nick Karnezis, 312-375-8418
b. Upon completion of delivery, Contractor shall provide a delivery ticket identifying asset serviced, quantity delivered, and date of delivery, as a minimum.
7. CONTRACT SCHEDULE.
The contract schedule shall consist of 5 separate periods, one base period and four additional option periods. The base period shall begin as of the date of contract award and extend for a period no longer than one year. Each of the four option periods shall extend for a term not to exceed one additional year. The government may exercise each of the options prior to the expiration of a previous period. In the event that all of the options are exercised, the contract period shall not exceed five years.
8. MEASUREMENT AND PAYMENT
a. Each delivery ticket submitted to the government representative at the time of delivery shall contain the Contract Number, delivery date, asset identification, and the gallons of diesel fuel delivered to the asset.
b. Invoices shall be sent to Jeff Quigley (Jeffrey.S.Quigley@usace.army.mil) and Joe Conigliaro (Joseph.A.Conigliaro@usace.army.mil), and Cyndi Holcik (Cynthia.L.Holcik@usace.army.mil). Since the Economic Price Adjustment Clause pertains to this procurement, Invoices shall identify invoice number, date of invoicing, date of fuel delivery, quantity delivered, specifically referencing the weekly retail rate for diesel fuel in the Midwest (PADD 2) price and the vendor’s upcharge (comprised of delivery service charge; and other fees and applicable taxes ) as separate line items on the invoice times the number of gallons delivered. The weekly rate is published by the U.S.
Energy Information Administration (eia) at: https://www.eia.gov/dnav/pet/pet pri gnd a epd2d pte dpgal w.htm A simplified example of cost breakdown:
1) Gallons Delivered…………. x a fixed percentage of the eia weekly rate for diesel in the Midwest =_______
2) Gallons Delivered ………… x Vendor Upcharge =_______
3) Total Invoice Amount =(Line1 + Line2) Note: USACE is exempt from sales tax.
c. Upon receipt of invoice from Contractor, USACE-Chicago District will reconcile field delivery tickets with information supplied by Contractor on the invoice, and, when government reconciliation is complete, approve the invoice for payment. When field delivery tickets do not validate invoiced amounts, USACE will attempt reconciliation with the field and then with Contractor prior to approving an invoice for payment. No payments shall be authorized until reconciliation is complete.
END OF SCOPE OF WORK
Section F - Deliveries or Performance
CLAUSES INCORPORATED BY REFERENCE
52.211-17 Delivery of Excess Quantities SEP 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991
CLAUSES INCORPORATED BY FULL TEXT
52.242-15 STOP-WORK ORDER (AUG 1989)
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;
provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
(End of clause)
Section H - Special Contract Requirements
VETERANS EMPLOYMENT EMPHASIS
Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:
U.S. Department of Labor Veterans employment: www.vets.gov/ Federal veteran employment information: www.fedshirevets.gov/index.aspx Veterans’ Employment and Training Service (VETS): http://www.dol.gov/vets/ Veterans Opportunity to Work (VOW) Program: http://benefits.va.gov/vow/ U.S. Army Warrior Transition Command Employment Index:
wtc.army.mil/modules/employers/index.html Hiring Our Heroes initiative: www.uschamberfoundation.org/hiring-our-heroes Guide to Hiring Veterans:
www.whitehouse.gov/sites/default/files/docs/white_house_business_counc il_- _guide_to_hiring_veterans_0.pdf
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.216-27 Single or Multiple Awards OCT 1995 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION
2019-O0003).
JAN 2019
52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2019-O0003). JAN 2019 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment
Exceeding $15,000
MAY 2014
52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons JAN 2019 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.242-13 Bankruptcy JUL 1995 52.252-2 Clauses Incorporated By Reference FEB 1998 52.252-6 Authorized Deviations In Clauses APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.
JAN 2018
252.216-7006 Ordering MAY 2011 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7022 Representation of Extent of Transportation by Sea. JUN 2019 252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern).
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