PRESOL | S | Natural Gas Utility Service - Attachment

FBO DAILY ISSUE OF JULY 15, 2010 FBO #3155
SOLICITATION NOTICE

S -- Natural Gas Utility Service - Attachment

Notice Date: 7/13/2010
Notice Type: Combined Synopsis/Solicitation
NAICS: 221210 — Natural Gas Distribution
Contracting Office: Department of Justice, Bureau of Prisons, Field Acquisition Office (FAO), U. S. Armed Forces Reserve Complex, 346 Marine Forces Drive, Grand Prairie, Texas, 75051
ZIP Code: 75051
Solicitation Number: RFQP01171000015
Archive Date: 12/18/2010
Point of Contact: Dennis E. Dempsey, Phone: 972-352-4541, Lori Wehling, Phone: (972) 352-4525
E-Mail Address: dmdempsey@bop.gov, lwehling@bop.gov
(dmdempsey@bop.gov, lwehling@bop.gov)
Small Business Set-Aside: N/A
Description: Business Management Questionnaire This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is being issued as a Request for Quote under the number RFQP01171000015. This solicitation document, incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-44. Upon request, the Contracting Officer (CO) will make their full text version available. Also, the full text version may be accessed electronically at: www.acquisition.gov/far. This action is unrestricted. The North American Industrial Classification System (NAICS) Code is 221210 - Natural Gas Distribution and the Small Business Size Standard is ‘a firm is small if, the average employment is less than 500 employees.' SECTION 2.A: SCHEDULE OF ITEMS - NATURAL GAS UTILITY SERVICES 2.A.1. PRICING METHODOLOGY: The Federal Bureau of Prisons (FBOP), Field Acquisition Office (FAO) working to satisfy the acquisition needs of the United States Penitentiary (USP) Lee, Pennington Gap, Virginia, intends to make a single award to a contractor who shall provide natural gas utility services upon request by the institution as detailed in the Statement of Requirements. The pricing includes all associated charges to the Government for providing the services required by this solicitation/contract (e.g., labor, material, tools, equipment, incidentals, insurance, overhead, profit, minimum wages, allowance for contingencies, etc.). The quantity of service and supply to be provided by the contractor that are estimated in the Schedule are best estimates of the Government's anticipated usage. These estimates are not a representation to a offeror or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract performance shall be accomplished in accordance with the terms and conditions of this contract. 2.A.2. ORDERING OFFICIAL: In accordance with FAR 52.216-18, request for services will be made via issuance of individual delivery orders. Delivery orders may be issued only by the Contracting Officer (CO), Administrative Contracting Officer (ACO), or an ordering official for the institution with an appropriate certificate of appointment. 2.A.3. CONTRACT PRICING: As used throughout this contract, Dth means dekatherm. The contract rate for these services shall be on a per Dth used and a total amount due. Prices indicated hereunder shall be all inclusive and must include all applicable interstate/intrastate pipeline fuel loss, costs for nominations, marketer fee/profit, pooling, balancing, and storage unless indicated otherwise within the Schedule. Pricing shall not include fuel loss on the local natural gas distribution company (NGDC) system unless indicated in the Schedule. Additionally, the pricing shall not include any Gross Receipts Tax or similar tax for which the Government may be liable. If applicable, these taxes would be paid by the Government as a separate line item on the invoice. Orders, where necessary, may be issued in writing, orally, or by written telecommunications. 2.A.4. GENERAL REQUIREMENTS: It is the desire of the U.S. Federal Government to secure the lowest cost for natural gas supply and the transportation of such natural gas to the Federal facility utilizing the most direct pipeline served by the local NGDC. Therefore, the FBOP, FAO, Grand Prairie, Texas, intends to award a firm-fixed price requirements type contract for the provision of natural gas utility services which meets the requirements outlined in this statement of requirements. General information regarding the FBOP and its facilities is located at www.bop.gov. SECTION 2.B: STATEMENT OF REQUIREMENTS -- NATURAL GAS UTILITY SERVICES 2.B.1. PLACE OF PERFORMANCE: Contract services will be provided to USP Lee, Lee County Industrial Park, Hickory Flats Road, Pennington Gap, VA 24277. USP Lee is a High security facility with an adjacent Minimum security prison camp located in Southwest Virginia. This site is located on approximately 288 acres which includes the various components of institution operations including the high security institution, camp, training center, warehouse and other small facilities. The facilities are designed to house approximately 1550 inmates. 2.B.2. REQUIRED SERVICES: Natural Gas Utility Service Requirements - The Federal Government has a present and continuing requirement for natural gas utility service for the proper operation of the facility. The contractor shall provide to the Government facility at USP Lee, natural gas service in a manner and form that is consistent with: a) All applicable laws, rules, codes, industry standards, permits, and regulations, promulgated by any and all Governmental authorities having jurisdiction, and b) The facility's service requirements. Estimated service requirements are: Estimated maximum hourly usage: 55,000 CFH; Estimated maximum daily usage: 280,000 CF; Estimated connected load: 45,000 CFH; Estimated Service Preasure: 30 psi; Estimated annual service requirements: 70,000 Mcf 1) Annual service requirements include interruptible and firm gas service. The estimated annual service breakdown includes 55,000 Mcf of interruptible and 15,000 Mcf of firm natural gas service. These estimates may be further defined and revised by USP Lee. The estimate, by month and of the annual gas consumption for a typical year are shown above. The usage amounts shown are estimates only and do not constitute a Government usage guarantee. The reasonably accurate estimated quantity is based on the best information available. Due to contingencies, the information is subject to modification and is in no way binding on the Government. 2) The point of delivery for the natural gas supplied shall be at the facility main gas meter(s). The meter(s) and gas regulator(s) shall be of a type to record and distinguish the quantity of natural gas consumed by the facility. The contractor shall maintain pressure downstream of the point of delivery of around 2 psig meter preasure. Natural gas delivered shall conform to quality standards specified in the effective gas sales agreement approved by the governing regulatory body. Unless otherwise indicated, natural gas delivered shall be in a commercially acceptable form, reasonably free of contaminants and of pipeline quality. The contractor is solely responsible for the quality of gas upstream of the city gate. Measurement, testing, heating value, delivery pressure, and quality of natural gas supply delivered shall be in accordance with the applicable interstate/intrastate pipeline specifications. The facility shall not be obligated to purchase natural gas that either the NGDC or the interstate pipeline has refused to accept due to nonconformance with its specifications. The contractor shall furnish all labor, materials, tools, equipment, and incidentals to supply and deliver direct supply natural gas to the NGDC city gate. A. Shall not contain more than 100 kg/Mm3 (7 lb./MMcf) of water vapor; B. Shall not contain more than 2.3 g/m3 (1 grain/ccf) of hydrogen sulfide as determined by quantitative tests after the presence of hydrogen sulfide has been indicated by qualitative test; C. Shall not contain more than 6 mg/m3 (20 grains/ccf) of total sulfur; D. Shall not contain in excess of three percent (3%) by volume of carbon dioxide or four percent (4%) by volume of total inert gases; E. Shall not contain in excess of one percent (1%) by volume of oxygen; F. Shall not contain in excess of 3 L/100m3 (0.2 gal/Mcf) of those certain liquefiable hydrocarbons commonly referred to as natural gasoline; G. Shall not exceed 311 K (100 degrees F) in temperature at the point of delivery; H. Shall be reasonably free of any objectionable material including dust, gums, or gum-forming constituents; I. Shall be commercially free of water and hydrocarbons in liquid form at the temperature and pressure at which the gas is delivered; and J. Shall have a delivered heating value (lower heating value or LHV) of no lower than 950 Btu/cf. (In English measurement, for the purposes of this contract, one "Btu" is defined as the amount of heat required to raise the temperature of one pound of water one degree Fahrenheit at standard atmospheric pressure.) c) Natural Gas utility service shall be provided by the Contractor in accordance with this Statement of Requirements. d) Material change. The contractor shall use reasonable diligence to provide a constant and uninterrupted supply of natural gas hereunder. Firm service shall be available for equipment pilot lights, laundry and food service equipment. The facility point of contact will promptly notify the contractor and the CO of any boiler shutdowns, furnace outages, and additions, maintenance of equipment, or compliance with Presidential Directives, Executive Orders, and Public Laws and Regulations that may impact the facility historical usage by more than 25% (a "material change"). Additionally, a material change cannot be caused by increases or decreases in operating hours caused by fluctuations in the weather. If the facility properly notifies the contractor of any material change, contractor will pay any penalties imposed by the facilities NGDC. If the facility fails to notify the contractor of a material change, the facility shall pay all penalties imposed by the facility NGDC. 2.B.3. CHANGES AND MODIFICATIONS: a) The CO/ACO, subject to the limitations set forth, may at any time by written order, make any change in work within the general scope of the contract, whenever the CO/ACO determines such change to be in the best interest of the FBOP. b) If any changes, deletion, or addition causes an increase or decrease in the estimated costs of, or the time required for, the performance of any part of the work under this contract, shall be accomplished with the issuance of a SF30. c) Any claim by the contractor for adjustment must be asserted within sixty (60) days from the date of receipt by the contractor of the modification or change; provided, however, that the CO/ACO may decide that the facts justify such action. d) The requirements of FAR Clause 52.212-4 (d), Disputes, are supplemented to provide that matters involving the interpretation of retail rates, rate schedules, tariffs, riders, and tariff related terms provided under this contract, and conditions of service, are subject to the jurisdiction and regulation of the Commonwealth of Virginia, State Corporation Commission (VSCC). 2.B.4. INVOICES AND PAYMENT FOR UTILITY SERVICES: a) Invoices for payment shall be prepared and submitted in standard form. All invoices shall contain such data as may be required to substantiate the billing, including statements of the actual meter readings at the beginning and the end of the billing period, meter constants, unit cost, total consumption during billing period, name of installation, and/or delivery points to include account name, account number and meter number. All postage and fees related to submitting information including forms, reports, etc. to the Government shall be paid by the contractor. Unless otherwise directed by the Government or this contract, all items shall be preserved, packaged, and packed in accordance with normal commercial practices. Additional, billing information may, at the discretion of the contractor, be supplied upon the written request of the FBOP. Invoices for service shall be rendered for payment by the contractor to: United States Penitentiary Lee P.O. Box 900 Jonesville, VA 24263 Attn: Accounting b) Generally, as a Federal agency, purchases made by the FBOP are immune or exempt from any State and local taxation which are incident on the consumer alone (i.e., sales tax, state tax, excise tax). The FBOP shall, however, pay a gross receipts tax or a tax comprising a franchise fee required of the contractor by the local (City) Government, if such tax is specified in the contractor's rates, tariffs, rules and regulations. c) Payment of all bills for services rendered under this contract shall be paid in accordance with the Payment provisions in the currently effective Rate Schedule and terms applicable to the service being supplied to USP Lee, or the effective superseding schedule as regulated by a board of appointed officials. The FBOP shall be entitled to any discounts provided for in the applicable utility rates, terms and conditions, or customarily applicable to payment of bills by any similar customer of the contractor. USP Lee shall be responsible for payment of utility service charges rendered and shall be responsible for the day-to-day administration of this contract. d) Payments for utility services shall not be made in advance of services rendered. Currently, the contractor's rate schedule states that bills are due 30 days from the date of mailing or delivery. However, to avoid possible late fees or other charges payment may be made by the due date stated on the invoice. Any changes in the contractor's rate schedule provisions for the payment of bills shall be incorporated into this contract by modification. e) Each payment made to the contractor for utility service shall include the contractor's account number and dollar amount assigned to the account for the specific payment. All payments will be made by electronic funds transfer. Any banking information changes will need to be reported to USP Lee and to the Central Contractor Registration (CCR) database immediately. For more information, refer to FAR clause 52.212-4 Contract Terms and Conditions - Commercial Items. f) For purposes of charges under this contract, any excessive demands due to faulty operation of the contractor's system shall not be included as part of the FBOP's demand. The contractor shall be solely responsible for any necessary maintenance and calibration of any meter(s) installed. g) Nothing herein contained shall be construed as binding the FBOP to expend, in any one fiscal year, any sum in excess of the appropriation made by Congress for that fiscal year in furtherance of the subject matter of this contract, or involve the FBOP in any contract or other obligation for the further expenditure of money in excess of such appropriation, in accordance with the Anti-Deficiency Act (31 U.S.C. 1341 (a)(1)(A)). 2.B.5. MISCELLANEOUS: a) Liability: The FBOP shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use or operation of the contractor's facilities or the action of the contractor, its employees or agents in performing under this contract, provided that the damage or injury to person or property was not a result of any act or failure to act on the part of the FBOP, its employees or agents; provided further that the contractor shall not be liable for the action of the FBOP, its employees or agents. b) Force Majeure: Events not reasonably anticipated or within the control of the claiming party. Neither the FBOP nor the contractor shall be considered to be in default with respect to any obligations under this contract by reason of uncontrollable forces. The term "uncontrollable forces" being deemed, for the purposes of this contract, to mean any cause beyond the control of the party affected, including but not limited to failure of facilities, flood, earthquake, storm lightning, fire, pandemic influenza, epidemic, war, riot, civil disturbance, labor disturbance, acts of public enemy, sabotage, other national emergency, restraint by a court of public authority, actions of Governments or regulatory bodies, future changes in laws, rules, regulations, utility practices, or distribution failure, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. In no event shall the economic hardship of either party constitute a Force Majeure condition. The following conditions, by themselves, shall not constitute a Force Majeure condition: inability of the contractor to obtain transportation or the event of higher actual costs than contracted costs to the contractor. c) Communication: All communications between the Contractor and the FBOP relating to the terms of this contract after notification of award shall be conducted through the Contract Administration Office (CAO). MAILING ADDRESS OF THE CAO IS: Federal Bureau of Prisons, USP Lee, P.O. Box 900, Jonesville, VA 24247 Phone: 276-546-0150 Fax: 276-546-9181 Attn: Contracting Office d) Ordinance: Provided that this contract is executed pursuant to the authority of the contractor and may be modified, amended, or repealed as provided for by law; and further, where any provision(s) of this contract are in conflict with the Natural Gas Rate Schedule on file, as amended; or any subsequently enacted rate, the rate schedule then in effect shall prevail, provided that the above is not contrary to Federal Law. e) Access to Service Location: The FBOP herby grants to the contractor, free of any rental or similar charge, but subject to the limitations and terms specified in this contract, a revocable right of access to enter the Service Location for any proper purpose under this contract including use of site or sites agreed upon by the parties for the installation, operation, and maintenance of the facilities of the contractor. Authorized representatives of the contractor shall, when properly identified, be allowed access to the facilities of the FBOP at reasonable and suitable times to perform the obligations of contractor with respect to such facilities (e.g., reading meter(s), making repairs, performing inspections, or for any other purpose incident to the services). It is expressly understood, however, that proper FBOP authority may limit or restrict the right to access herein granted in the manner considered by such authority to be necessary for the security of USP Lee. f) For a minimum period of performance from date of award for this contract through a maximum period not to exceed 10 years from effective date of award, the utility provider shall provide natural gas utility service to USP Lee. The Government agrees to the terms and conditions of this agreement and shall reserve the right to evaluate the rates, terms and conditions with 60 days advance notification to the contractor, terminate the natural gas portion of this contract. The Federal Government shall be held harmless from all claims, demands, losses, or damages costs of any kind or nature resulting from said termination. g) Contractor will utilize software to provide the provisions of goods and services under this agreement that shall have capacity to process date/time data (including, but not limited to calculating, comparing, and sequencing) for the term of this contract. 2.B.6. PERFORMANCE SCHEDULE: The contractor shall perform all services as described in this Statement of Requirements, 24 hours a day, seven days a week, and as required to meet all requirements. 2.B.7. METERS AND METERING: The meter(s) shall be used to record usage for billing purposes. All existing meters shall be tested annually for accuracy. Any meter which registers within plus or minus two percent (2%) of normal shall be deemed correct. The Government reserves the right to request that a special meter test be made at any time. If any test made at the Government's request discloses that the meter tested is registering within plus or minus 2% of normal, the Government shall bear the expense of such test, otherwise, the expense of such test(s) shall be borne by the contractor and the meter will be repaired or replaced by the contractor as expeditiously as possible. The contractor shall provide the FBOP with actual meter reads, taken at the same time each month (preferred on the 1st of each month). No estimated meter reads will be accepted. In the event any meter fails to register or registers incorrectly, the parties, after considering all the evidence available from the contractor's and Government's records, shall agree upon the length of period during which such meter failed to register or registered incorrectly and the quantity of services delivered through the meter during such period. Upon reaching agreement, an adjustment shall be made to the Government's bills. 2.B.8. LOAD REDUCTION: The Federal Government will not be penalized in any way for pursuing energy conservation projects that reduce all utility load requirements. 2.B.9. ENERGY CONSERVATION MEASURE: The Energy Policy Act of 1992, recent Executive Orders, and Presidential Directives require Federal agencies to meet a number of energy and water management goals, among other requirements. The Federal Energy Management Program (FEMP) supports two methods of project financing: Utility Energy Service Contracts (UESCs) and Super Energy Savings Performance Contracts (Super ESPCs). Implemented energy projects save energy, taxpayer dollars and contribute to a cleaner and safer environment. a) The term Energy Conservation Measure (ECM) means any specific energy related or water service intended to provide energy savings and/or demand reduction in Federal facilities. b) The term Energy Management Service (EMS) means any project that reduces and/or manages energy demand in a facility as well as energy audits and any ancillary services necessary to ensure the proper operation of the energy conservation measure. Such measures include, but are not limited to, operating, maintenance and commissioning services (Energy Conservation Measure and Demand Side Management Measure are considered equivalent terms). To be considered an EMS measure, the measure must satisfy all of the following requirements: 1) The EMS measure must produce measurable energy reductions or measurable amounts of controlled energy and/or water use; 2) The EMS measure must be directly related to the use of energy or directly control the use of energy or water; 3) The preponderance of work covered by the EMS measure (measured in dollars) must be for items 1 and 2 above; and 4) The EMS measure must be an improvement to real property or any action that is necessary to ensure the functionality of the EMS measure. 2.B.10. RENEWABLE ENERGY REQUIREMENT of EPAct 2005 and Executive Order 13423: The authority for this requirement is based on Section 203, FEDERAL PURCHASE REQUIREMENT of the Energy Policy Act of 2005 (42 U.S.C. 15852) and Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management (72 FR 3919; January 24, 2007), and the instructions and guidance distributed by the Chairman of the Council for Environmental Quality for the implementation of the Executive Order. Energy Policy Act of 2005: ("EPACT 2005;" Pub. L. 109-58) requires, in part, that the President, acting through the Secretary of Energy, shall seek to ensure that, to the extent economically feasible and technically practicable, of the total amount of electric energy the Federal government consumes during any fiscal year, the following amounts shall be renewable energy: a) Not less than 5 percent in fiscal years 2010 through 2012 b) Not less than 7.5 percent in fiscal year 2013 and each fiscal year thereafter Executive Order (EO) 13423 requires that agencies: Ensure that (i) at least half of the statutorily required renewable energy consumed by the agency in a fiscal year comes from new renewable sources, and (ii) to the extent feasible, the agency implements renewable energy generation projects on agency property for agency use. There are no geographic restrictions related to the RECs provided to meet this requirement. Overview of Renewable Energy Sources and Conversion Factors: The EPACT 2005 and EO13423 Requirements will be based on the "total amount of electric energy the Federal government consumes during any fiscal year" for all facilities, those subject to EPACT 2005 goals and excluded, domestic and international. This is consistent with Federal energy management requirements in Title V of the National Energy Conservation Policy Act ("NECPA"; Pub. L. 95-619), which specifically apply to Federal buildings, meaning: "any building, structure, or facility, or part thereof, including the associated energy consuming support systems, which is constructed, renovated, leased, or purchased in whole or in part for use by the Federal Government and which consumes energy; such term also means a collection of such buildings, structures, or facilities and the energy consuming support systems for such collection." 2.B.11. DEFINITIONS: All definitions are for the interpretation of this agreement: i. Billing Period - A period consisting of not less than 27 days and not more than 35 days. Bills for shorter or longer periods than defined herein shall be prorated on the basis of the number of days divided by 30. ii. Burner-tip - Indicates the point of use at USP Lee. iii. City Gate - The point where interstate pipelines deliver gas into NGDC facilities. iv. Commodity Supplier - The basic natural gas supply service which is sold either by volume (ccf or Mcf) or heating value Dth (dekatherms). v. Contracting Officer(CO) - The person with authority to enter into, administer, and/or terminate contracts, as well as make related determinations and findings. The term includes certain authorized representatives of the CO acting within the limits of their authority as delegated by the CO (FAR 2.101). vi. Dth - Dekatherm, a measure of the heat content value of gas. Gas usage is determined by multiplying the Mcf used by the heat content value of the gas. One Dth equals approximately 970 cubic feet. One cubic foot (cf) of natural gas is approximately equivalent to 1000 Btu. 1Ccf = 100 cubic feet = 100,000 Btu = 1 Therm. 1 Mcf = 1000 cubic feet = 1,000,000 Btu = 10 Therms = 1 Dth. 1 MMcf = 1,000,000 cubic feet. vii. Delivered Cost - The all-inclusive cost for a given month or year. viii. Delivery Point - The location on the system where title to the natural gas service will pass from the contractor to USP Lee. ix. Distribution - The Delivery of natural gas from the city gate to the consumer. x. Facility - The United States Penitentiary Lee account which is requesting service. xi. FERC - The Federal Energy Regulatory Commission. xii. Firm Fixed Price - A firm and fixed price for Dth quantities of natural gas service estimated to be used at the meter point during a given billing period for an account. This usage shall include peak, off-peak, summer, winter, weekends, and Holiday usage. xiii. Fixed Price - A negotiated Commodity or Delivered price set for a specific period. xiv. Full Requirements - Full 100% requirements for the facility usage for the term specified. xv. Index Price - The cost of natural gas at a particular receipt of City gate/Delivery point, as published in a recognized Natural Gas Industry Trade publication. xvi. Natural Gas - Any mixture of hydrocarbons and non-combustible gases in a gaseous state, consisting primarily of methane, which meets pipeline standards. It is found associated with other fossil fuels, in coal beds, as methane clathrates, and is created by methanogenic organisms in marshes, bogs, and landfills. xvii. NGDC - Natural Gas Distribution Company, the state regulated natural gas utility which owns the gas lines and equipment necessary to deliver natural gas to the consumer (formerly called local Utility Distribution Company). xviii. NGS - Natural Gas Supplier, an entity that sells or arranges to sell natural gas to customers that is delivered through the distribution lines of an NGDC. xix. Rate Class - It is the method used by the NGDC to bill for the consumption and transportation of natural gas. xx. Supply Curtailment - Any restrictions imposed by the NGDC by which the supply of natural gas is unable to flow through the NGDC's delivery system to the applicable delivery point. xxi. Transmission - The moving of natural gas through the interstate pipeline system for delivery to the NGDC. xxii. Volume Delivered - The quantity of the commodity supply, which is confirmed and accepted by the NGDC for delivery to the delivery point. xxiii. VSCC - Commonwealth of Virginia, State Corporation Commission. CONTRACT CLAUSES: 52.252-2 Clauses incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a FAR clause may be accessed electronically at this address: www.acquisition.gov. Full text copies of Justice Acquisition Regulation (JAR) clauses or FBOP clauses may be requested in writing from the Contracting Officer. The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4. The following clauses are incorporated by reference, pursuant to FAR 52.252-2: 52.203-12 (SEPT 2007) LIMITATIONS ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS 52.204-4 (AUG 2000) PRINTED OR COPIED DOUBLED-SIDED ON RECYCLED PAPER 52.212-4 (JUNE 2010) CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS 52.232-18 (APR 1984) AVAILABILITY OF FUNDS 52.233-4 (OCT 2004) APPLICABLE LAWS FOR BREACH OF CONTRACT CLAIM 52.241-2 (FEB 1995) ORDER OF PRECEDENCE - UTILITIES 52.241-4 (FEB 1995) CHANGE IN CLASS OF SERVICE 52.241-5 (FEB 1995) CONTRACTOR'S FACILITIES 52.241-11 (FEB 1995) MULTIPLE SERVICE LOCATIONS 52.253-1 (JAN 1991) COMPUTER GENERATED FORMS CONTINUATION OF ADDENDUM TO FAR 52.212-4 CONTRACT TERMS ANDCONDITIONS--COMMERCIAL ITEMS TAILORING: In accordance with FAR 12.302(b), the clause at 52.212-4 is hereby tailored to modify the following elements of the clause. At paragraph (f), "Excusable Delays," the section of the Statement of Requirements concerning Force Majeure overcomes and has precedence over the Excusable Delays section of the clause in its entirety. At paragraph (m), "Termination for Cause." The following section on Termination for Cause overcomes and has precedence over the Termination for Cause section of the clause at FAR 52.212-4(m) in its entirety. The Government may terminate for cause in the event of a material failure to comply with any term or condition which is not remedied within 5 business days from the date of notice of default. In the event of termination for cause, the Government shall not be liable to the contractor for any amount for supplies of services not accepted, and the contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. At paragraph (n), "Title." The following section on Title overcomes and has precedence over the Title section of the clause at FAR 52.212-4(n) in its entirety. Title to natural gas supplied by the contractor under this contract shall pass from the contractor to the Government upon delivery of said natural gas to the Delivery Point. The contractor warrants that the natural gas delivered to the Government under this contract will be free and clear of all liens, claims, and encumbrances arising prior to delivery to the Delivery Point. The following clauses are incorporated into this resultant contract by full text with applicable fill-in information as follows: 52.209-8 (APR 2010) UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS. 52.216-18 (OCT 1995) ORDERING - (a) from THE EFFECTIVE DATE OF AWARD through 10 YEARS. 52.216-19 (OCT 1995) ORDER LIMITATIONS - (a) ONE (1) DTH, (b)(1) ESTIMATED QUANTITIES IDENTIFIED IN THE SCHEDULE OF ITEMS; (b)(2) ESTIMATED QUANITITIES IDENTIFIED IN THE SCHEDULE OF ITEMS; (b)(3) THIRTY (30); (d) FIVE (5). 52.216-21 (OCT 1995) REQUIREMENTS - (f) after THE LAST DAY OF THE CONTRACT TERM. 52.232-19 (APR 1984) AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR-SEPTEMBER 30th; SEPTEMBER 30th. 52.241-3 (FEB 1995) SCOPE AND DURATION OF CONTRACT - (a) EFFECTIVE DATE OF AWARD (EDOA) THROUGH 10 YEARS, NATURAL GAS. 52.241-6 (FEB 1995) SERVICE PROVISIONS - (a)(1) Two (2); (2) TWENTY-SEVEN (27); (b)(1) ONE (1); (2) TWO(2); (3) TWO (2); (d) ONE (1). 52.241-7 (FEB 1995) CHANGE IN RATES AND CONDITIONS OF SERVICE FOR REGULATED SERVICES - THE CONTRACT ADMINISTRATION OFFICE, THIRTY (30) DAYS. 52.21-603-70 (AUG 2008) CONTRACT MONITOR (CM)(a) J. ROGER LEMASTER, JR, GENERAL FORMAN, USP LEE, P.O. BOX 900, JONESVILLE, VA 24263, (279) 546-0150. 52.27-103-72 (JUNE 2004) DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS. 52.218-000 (MAY 2008) CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY. 52.212-5 (JULY 2010) CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS - (b) 1, 4, 7, 11, 12, 13, 15, 19, 20, 22, 23, 24, 25, 26, 34, & 39. CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS SPECIAL CONTRACT CONDITIONS: TYPE OF CONTRACT: The Government contemplates the single award of a firm-fixed price requirements type natural gas utility services contract resulting from this solicitation. The estimated date of award resulting from this solicitation will be made approximately September 1, 2010. PERIOD OF PERFORMANCE: The anticipated period of performance of the resulting contract will be Effective Date of Award (EDOA) through 10 years from EDOA. In accordance with FAR 46.503 and 46.403(a)(6), the place of acceptance for services under this contract is at the destination, USP Lee, Virginia. The contractor will provide the contract services independent of Government supervision. CONTRACT ADMINISTRATION: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the CO. This responsibility may be delegated to an ACO by the CO. In accordance with FAR 42.202, the Contracting Office of USP Lee, located near Pennington Gap, Virginia, is assigned to be the Contract Administration Office (CAO) for this contract. This assignment carries with it the authority to perform all normal contract administration functions listed in FAR 42.302(a), items (1) through (70), to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items (1) through (11). CONTRACTING OFFICER RESPONSIBILITY: The CO has the overall and primary responsibility for the administration of this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to: modify or deviate from the contract terms, conditions, requirements, specifications, details, and/or delivery schedules, make final decisions involving deductions from contract payments or other consideration due to the Government, for nonperformance or unsatisfactory performance, whether or not in dispute, terminate the contract for convenience or default, issue final decisions regarding contract questions or matters under dispute. This responsibility may be delegated to an ACO by the CO. REVIEWS: The CO/ACO or other designated representative of the FBOP is authorized to review by on-site, review of records, or by any other reasonable manner, the quality of services rendered under this contract. Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the CO/ACO. The FBOP reserves the right to require an independent audit of any invoice or bill. SOLICITATION PROVISIONS: 52.252-1 (FEB 1998) SOLICITATION PROVISIONS INCORPORATED BY REFERENCE This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: www.acquisition.gov The following provisions are incorporated into this solicitation by reference, pursuant to FAR 52.252-1: 52.212-1 (JUNE 2008) INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS 52.237-1 (APR 1984) SITE VISIT CONTINUATION OF ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS TAILORING: In accordance with FAR 12.302(a), the provision at 52.212-1 is hereby tailored to modify the following elements of the provision. At paragraph (c) 120 calendar days. At paragraphs (d), (h), and (i) are deleted in their entirety as they have been determined not to be applicable to this solicitation/contract. The provision at 52.212-2 is hereby tailored to modify the following elements of the provision. At paragraph (b), "Options," is deleted in its entirety as it has been determined not to be applicable to this solicitation. INSTRUCTIONS TO OFFERORS (NATURAL GAS): Offerors Quote, the offerors quote will consist of two parts: Part I - Non-price information and Part II - Price quote. The offeror shall submit all documents required by the terms and conditions of this RFQ. Part I - Non-price information. The non-price information consists of the following sections: Section I - Technical Information; Section II - Past Performance; Section III - Subcontracting Goals and Subcontracting Plan (Only for Large Businesses) Section I - Technical Information: Evidence of Technical Qualifications, submission requirements, at the time the quote is due the quoter is required to submit the following information in writing: On letterhead, business stationary or provided forms, the following information is required: 1). A brief profile and description of company experience and capabilities; 2). Documentation of Qualifications: Photocopy of each document evidencing appropriate experience, certification, licensure, etc. A brief description of how the contractor plans to fulfill the contract, along with supporting documentation as indicated. General Technical Information: Due to the critical nature of the natural gas procured under this solicitation, the ability of the offeror to adhere to the commitments made in the contract is crucial. The offeror is required to submit the information outlined so that the Government may make a relative determination of technical merits of the offeror without requesting additional information from the offeror. An offeror must possess, at a minimum, 12 months of experience (within the past two years) providing supply and/or transportation (firm and/or interruptible) of natural gas to retail customers served by a local NGDC within the state of Virginia. Minimum Requirements: Failure to meet any of the following minimum requirements may constitute a technically unacceptable offer. For the purpose of this section, the experience of the parent or affiliate may be used to satisfy a portion of the requirements. The offeror must provide evidence: a) That they are licensed by the appropriate state public utility commission namely the VSCC to provide natural gas supply to retail natural gas customers and are Electronic Data Interchange (EDI) capable and otherwise suitably qualified by the NGDC in which physical delivery will take place. b) That they possess a Federal Energy Regulatory Commission (FERC) power marketing license. Include FERC Docket No., Date of Application, and Date of Approval. c) That the offeror has firm distribution service agreements and/or network distribution agreements in the offeror's name with the interconnection points between the NGDC system and the supplier to affect delivery to the Delivery Point(s) of this contract. d) Completed copy of FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (AUG 2009) (if different than ORCA). Section II - Past Performance; General Responsibility: The evidence of technical qualifications required is in addition to the general responsibility criteria set forth in FAR 9.104. The Government may conduct pre-award surveys in accordance with FAR 9.106 in order to obtain, from available sources, relevant information concerning the offeror's ability to satisfy the standards stated in FAR 9.106. a) That the offeror possesses experience providing supply and distribution (firm and/or interruptible) of natural gas to at least ten (10) retail natural gas customers during the past 12 months or possess experience providing supply and distribution (firm and/or interruptible) of natural gas to one customer with multiple accounts that in the aggregate exceeds 100 Dth per day. The offeror must provide the contact person and telephone number for at least three (3) of the ten (10) natural gas customers provided for this item. (See Attachment I Business Management Questionnaire). b) That the offeror has the financial wherewithal to execute and support the transaction contemplated herein throughout the term of the contract, and employs risk management measures related to providing retail natural gas supply and has developed plans to supply the energy required by this contract to the Delivery Point. Supply plans must specifically address steps that the offeror will be taking to minimize risk to the Government. Financial statements, credit ratings, bond ratings, annual reports, etc. to prove financial capability for providing the required service. Section III - Subcontracting Goals and Subcontracting Plan (Only for Large Businesses): A subcontracting plan for small business concerns, small business concerns owned and controlled by socially & economically disadvantaged individuals and women owned small business concerns negotiated between the contractor and the Government, which is applicable on a company wide basis. The contractor expressly understands that this subcontracting plan is an annual plan and hereby agrees to submit a new subcontracting plan annually. a) Electronic Subcontracting Reporting System (eSRS): In accordance with FAR 52.219-9, the offeror agrees to submit the Individual Subcontracting Report (ISR), formerly the SF-294, and Summary Subcontracting Report (SSR), formerly the SF-295, as applicable. Pursuant to FAR 19.704, the FBOP requires submission of these reports as follows: The ISR is due semi-annually and at contract completion, always within 30 days after the close of each reporting period unless otherwise directed by the CO. Normally these deadlines are April 30th for the period ending March 31st and October 30th for the period ending September 30th. A separate report is also due within 30 days after contract completion. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or since the last reporting period. The SSR must be submitted annually (for twelve months ending September 30th). Additional information concerning the eSRS program can be located at http://www.acquisition.gov and https://esrs.gov. b) The CO will provide the latest version of the plan and goals upon request of the contractor. If the offeror feels that there are no subcontracting possibilities as defined in FAR Part 19, the offeror shall complete the FBOP Provision - Subcontract Certification and provide written justification as to why no such opportunities exist. Part II -- Price Quote: General: The Government is requesting an estimated price for the 10 year term. The offered price must remain constant for the full contract term. a) All natural gas and gas distribution purchases under this contract as well as any other action under this contract shall be in accordance with, and subject to, the contractor's rates, tariffs, rules, regulations, riders, practices, or terms and conditions of service, as may be modified, amended, or supplemented by the contractor and approved by the VSCC, except to the extent that same are preempted by Federal Law. b) If, during the term of this contract, the VSCC approves a change in rates for services specified in effect, the contractor agrees to continue to furnish, and USP Lee agrees to continue to pay for, those services at the newly approved rates from and after the date such rates are made effective. A bilateral modification is necessary to implement higher or lower rates. c) The contractor represents and warrants to the Government that the service rates available shall at all times not exceed those available to any other customer served under the same service classification for the same or comparable service, under like conditions of use. d) Reasonable written notice shall be given to the contractor of any material changes proposed in the volume or characteristic of gas and gas distribution services required. e) To the extent required by the contractor's tariffs, the VSCC's rules and regulations, or the contractor's policies and practices applicable to all customers, and in accordance therewith, any necessary extension, alteration, relocation, or reinforcement of the contractor's distribution lines, related special facilities, service arrangements, demand side management services (including any rebates to which USP Lee may be entitled), energy audit services, or other services required or requested shall be provided and, as applicable, billed for, by the contractor. To the extent available from the contractor, the contractor shall provide and, as applicable, bill for such technical assistance on or concerning equipment (such as the inspection or repair of such equipment) as may be requested. The charges for such technical assistance shall be calculated in accordance with the contractor's applicable billing schedule in effect at the time the technical assistance is rendered. The authorization or any other agreement used to obtain and provide the matters, services, or technical assistance required or requested, including the amount of (or method to determine) any payment to be made to the contractor for the provision of the matters, service, or technical assistance provided. f) Any charges for matters or service which are not established in the contractor's tariff or in the VSCC's rules or regulations shall be subject to audit by USP Lee prior to payment, provided, however, that notwithstanding such right to audit, payment for matters and services referenced thereof shall not be unreasonably withheld or denied. The contractor further warrants and represents that charges for the matters and services referenced hereof will not exceed the charges billed to other customers of the contractor served under the same service classification for like matters or services provided under similar circumstances. Basis for Award: It is the intent of the Government to award a contract to the lowest price ($/Dth) offer received that meets the solicitation's qualifications. Award may be made without negotiation of quotes. Therefore, offeror is requested to initially submit a quote to the Government on the most favorable terms from a price, capability, and responsibility standpoint. This acquisition will be procured in accordance with FAR Part 12 - Acquisition of Commercial Items, Part 13 - Simplified Acquisitions, and Part 41 - Acquisition of Utility Services. The Government intends to award a contract under this request for quotes. The Government reserves the right to require the offeror to submit additional information as necessary to support a pre-award determination of responsibility. Upon satisfactory completion of all applicable certifications and representations, award will be made following an affirmative determination by the Government of the offeror's responsibility. The following provisions are incorporated into this solicitation by full text with applicable fill-in information as follows: 52.209-7 (APR 2010) INFORMATION REGARDING RESPONSIBILITY MATTERS 52.216-1 (APR 1984) TYPE OF CONTRACT - FIRM-FIXED PRICE REQUIREMENTS NATURAL GAS UTILITY SERVICE. 52.233-2 (SEP 2006) SERVICE OF PROTEST - (a) PROCUREMENT EXECUTIVE, FEDERAL BUREAU OF PRISONS, 320 FIRST STREET, N.W., ROOM 5005, WASHINGTON, D.C. 20534. 2852.233-70 (JAN 1998) PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE (JAR) 52.27-103-71 (AUG 2005) FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS. Faith-based and Community-based organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible. [End of Provision] FREEDOM OF INFORMATION ACT SUBCONTRACT CERTIFICATION: This contract does [ ] does not [ ] provide for any subcontracting possibilities. If answer is in the affirmative, offeror will submit [ ] a subcontracting plan in accordance with the requirements of FAR 52.219-9. [End of Provision] This solicitation document, incorporated provisions, and clauses are those in effect through Federal Acquisition Circular 2005-44. Upon request, the Contracting Officer will make their full text available. 52.212-2 (JAN 1999) EVALUATION-COMMERCIAL ITEMS - (a) TECHNICAL INFORMATION, PAST PERFORMANCE, SDB PARTICIPATION, AND PRICE. TECHNICAL, PAST PERFORMANCE AND SDB PARTICIPATION, WHEN COMBINED ARE APPROXIMATELY EQUAL TO PRICE. 52.212-3 (AUG 2009) OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS SUBMISSION OF QUOTES: The following are tailored paragraphs of FAR 52.212-1 Instructions to Offeror-Commercial Items (b). Offerors interested in obtaining a FBOP contract for the direct supply and/or distribution of natural gas must submit the items detailed in the INSTRUCTIONS TO OFFERORS provision of the solicitation. A sealed quote shall be submitted on or before the offer deadline of Wednesday, August 18, 2010, no later than 3:00pm Central Time. The point of receipt for hand-carried offers will be at the first floor reception area and offers by mail shall be to the address shown for the Field Acquisition Office. An offer received after the quote deadline will be handled in accordance with FAR 52.212-1(f). Facsimile and e-mail offers will not be accepted. For size standard purposes, a product or service shall be classified in only one industry, whose definition best describes the principal nature of the product or service being acquired even though for other purposes it could be classified in more than one. This CO has determined that the appropriate North American Industrial Classification System (NAICS) code is 221210 - Natural Gas Distribution (Size Standard = in number of employees is 500). The offeror is advised that this solicitation includes the clause at FAR 52.212-4 Contract Terms and Conditions-Commercial Items (JUNE 2010) which at paragraph (t), Central Contractor Registration (CCR), requires all contractors doing business with the Federal Government to be registered in the CCR database. The offeror should include their Data Universal Numbering System (DUNS) number with their offer. The CO will verify registration in the CCR database prior to award by entering the potential awardees' DUNS number into the CCR database. FAILURE TO COMPLETE THE REGISTRATION PROCEDURES OUTLINED IN THIS PROVISION MAY RESULT IN ELIMINATION FROM CONSIDERATION FOR AWARD. Questions regarding this requirement may be directed in writing to Dennis Dempsey, Contract Specialist at the e-mail address listed above.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOJ/BPR/70032/RFQP01171000015/listing.html)
Place of Performance: Address: United States Penitentiary Lee, P.O. Box 900, Jonesville, Virginia, 24263, United States; Zip Code: 24263
Record: SN02204073-W 20100715/100713235059-d095d4d1f80c77a1d1373d7cb1e0e4ab (fbodaily.com)
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