12th CONS/LGCA, 395 B Street West, Bldg 224, Randolph AFB, TX 78150-4525, intends to award a 10 year, firm-fixed price, sole-source, purchase order to acquire natural gas utility service for 901 Flightline Drive Hondo Municipal Airport, Hangar 1401 (also known as Hangar 6) in Hondo, TX 78861 under the authority of FAR 13.106(b). NAICS code 221210. The requirement consists of providing natural gas service in a manner and form that is consistent with all applicable federal, state and local laws, rules, permits, regulations, codes (including the national Fuel Gas Code) and natural gas industry and pipeline companies standards. Please see Natural Gas Service Specification below for requirement details. All responsible sources may submit a response, which, if timely received, must be considered by the agency. Please note that no telephone requests will be honored. Only e-mailed, written or faxed requests received directly from the requestor are acceptable. FAX number is 210-652-5135 and e-mail address is
[email protected]. Recommended source: Centerpoint Energy Gas Transmission Company (Cage 1RSV3), 1111 Louisiana St, Houston TX 77002. All responsible sources who can provide the above requirement at prices, terms and conditions, equal to or better than those which can be provided by Centerpoint Energy, should submit clear and convincing data in writing substantiating ability to furnish the requirement. All responses to this notice must be received by 30 May 06. Any responses should be sent to the following address: 12 CONS/LGCA, 395 B West Street, Randolph AFB TX 78150-4525.All potential offerors should contact the contract specialist identified in this notice for additional information and/or concerns, if any, concerning this acquisition. If the contracting officer does not satisfy concerns, an Ombudsman has been appointed to hear concerns from offerors or potential offerors during the proposal development phase of an acquisition. 5352.201-9101 OMBUDSMAN (10 AUG 2005) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the AETC ombudsmen, Chief, Business Operations Branch, AETC/A7KB, Carol A. Singleton, 2035 1st Street West, Ste 1, Randolph AFB TX 78150-4304, phone (210) 652-6900, facsimile (210) 652-4652,
[email protected]. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. NATURAL GAS SERVICE SPECIFICATION Scope and Duration of Contract (a) For the period of ten years the contractor agrees to furnish and the Government agrees to purchase natural gas utility service for 901 Flightline Dr Hondo Municipal Airport, Hangar 1401 (also known as Hangar 6), in Hondo, TX 78861, in accordance with applicable tariff(s), rules and regulations as approved by the applicable governing regulatory body as set forth in the contract. (b) It is expressly understood that neither the Contractor not the Government is under obligation to continue any service under the terms and conditions of the contract beyond the expiration date. (c ) The Contractor shall be paid at the applicable rate(s) under the tariff and the Government shall be liable for the minimum monthly charge, if any, specified in the contract commencing with the period in which service in initially furnished and continuing for the term of the contract. Termination Liability (a) The Government reserves the right to discontinue utility service under this contract before expiration of the contract duration period. The Government shall be obligated to pay all charges incurred for utility consumption and other monthly applicable fees up to the month that the Government gives written notification for termination of service. Change in Class of Service (a) In the event of a change in the class of service, such service shall be provided at the Contractor’s lowest available rate schedule applicable to the class of service furnished. (b) Where the Contractor does not have on file with the regulatory body approved rate schedules applicable to services provided, no clause in this contract shall preclude the parties from negotiating a rate schedule applicable to the class of service furnished. Contractor’s Facilities (a) The Contractor, at its expense, unless otherwise provided for in this contract, shall furnish, install, operate, and maintain all facilities required to furnish service hereunder, and measure such service at the point of delivery specified in the Service Specifications. Title to all such facilities shall remain with the Contractor and the Contractor shall be responsible for loss or damage to such facilities, except that the Government shall be responsible to the extent that loss or damage has been caused by the Government’s negligent acts or omissions. (b) Notwithstanding any terms expressed in this clause, the Contractor shall obtain approval from the Contracting Officer prior to any equipment installation, construction, or removal. The Government hereby grants to the Contractor, free of any rental or similar charge, but subject to the limitations specified in this contract, a revocable permit or license to enter the service location for any proper purpose under this contract. This permit or license includes use of the site or sites agreed upon by the parties hereto for the installation, operation, maintenance, and repair of the facilities of the Contractor required to be located upon Government premises. All applicable taxes and other charges in connection therewith, together with all liability of the Contractor in construction, operation, maintenance and repair of such facilities, shall be the obligation of the Contactor. (c ) Authorized representatives of the Contractor will be allowed access to the facilities on Government premises at reasonable times to perform the obligations of the Contractor regarding such facilities. It is expressly understood that the Government may limit or restrict the right of access herein granted in any manner considered necessary (e.g., national security, public safety). (d) Unless otherwise specified in this contract, the Contractor shall, at its expense, remove such facilities and restore Government premises to their original condition as near as practicable within a reasonable time after the Government terminates this contract. In the event such termination of this contract is due to the fault of the Contract, such facilities may be retained in place at the option of the Government for a reasonable time while the Government attempts to obtain service elsewhere comparable to that provided for hereunder. Service Provisions (a) Measurement of service. (1) All service furnished by the Contractor shall be measured by suitable metering equipment of standard manufacture, to be furnished, installed, maintained, repaired, calibrated, and read by the Contractor at its expense. When more than a single meter is installed at a service location, the readings thereof may be billed conjunctively. In the event any meter fails to register (or registers incorrectly) the service furnished, the parties shall agree upon the length of time of meter malfunction and the quantity of service delivered during such period of time. An appropriate adjustment shall be made to the next invoice for the purpose of correcting such errors. (2) The Contractor shall read all meters at periodic intervals of approximately 30 days or in accordance with the policy of the cognizant regulatory body or applicable bylaws. (b) Meter test. (1) The Contractor, at its expense, shall periodically inspect and test Contractor-installed meters at intervals not exceeding 5 year(s). The Government has the right to have representation during the inspection and test. (2) At the written request of the Contracting Officer, the Contractor shall make additional tests of any or all such meters in the presence of Government representatives. The cost of such additional tests shall be borne by the Government if the percentage of errors is found to be not more than ½ percent slow or fast. (3) No meter shall be placed in service or allowed to remain in service, which as an error in registration in excess of ½ percent under normal operating conditions. (c) Change in volume or character. Reasonable notice shall be given by the Contracting Officer to the Contractor regarding any material changes anticipated in the volume or characteristics of the utility service required at each location. (d) Continuity of service and consumption. The Contractor shall use reasonable diligence to provide a regular and uninterrupted supply of service at each service location, but shall not be liable for damages, breach of contract or otherwise, to the Government for failure, suspension, diminution, or other variations of service occasioned by or in consequence of any cause beyond the control of the Contractor, including but not limited to acts of God or of the public enemy, fires, floods, earthquakes, or other catastrophe, strikes, or failure or breakdown of transmission or other facilities. If any such failure, suspension, diminution, or other variation of service shall aggregate more than 24 hour(s) during any billing period hereunder, an equitable adjustment shall be made in the monthly billing specified in this contract (including the minimum monthly charge). (e) Quality of Natural Gas: The contractor shall provide to the government natural gas service in a manner and form that is consistent with all applicable Federal, state and local laws, rules, permit, regulations, codes (including the National Fuel Gas Code), and natural gas industry and pipeline companies standards. The gross heating value of natural gas delivered shall be no lower than 1000 British thermal unit (Btu) per cubic foot (ft3). (f) Estimated Service: Estimated annual consumption is 3000 CCF. (1 CCF equal 100 cubic feet of gas) Change in Rates or Terms and Conditions of Service for Regulated Services (a) This clause applies to the extend services furnished under this contract are subject to regulation by a regulatory body. The Contractor agrees to give 6 weeks written notice of (1) The filing of an application for change in rates or terms and conditions of service concurrently with the filing of the application and (2) Any changes pending with the regulatory body as of the date of contract award. Such notice shall fully describe the proposed change. If, during the term of this contract, the regulatory body have jurisdiction approves any changes, the Contractor shall forward to the Contracting Officer a copy of such changes within 15 days after the effective date thereof. The Contractor agrees to continue furnishing service under this contract in accordance with the amended tariff, and the Government agrees to pay for such service at the higher or lower rates as of the date when such rates are made effective. (b) The Contractor agrees that throughout the life of this contract the applicable published and unpublished rate schedule(s) shall not be in excess of the lowest cost published and unpublished rate schedule(s) available to any other customers of the same class under similar conditions of use and service. (c) In the event that the regulatory body promulgates any regulation concerning matters other than rates, which affects this contract, the Contractor shall immediately provide a copy to the Contracting Officer. The Government shall not be bound to accept any new regulation inconsistent with Federal laws or regulations. (d) Any changes to rates or terms and conditions of service shall be made a part of this contract by the issuance of a contract modification unless otherwise specified in the contract. The effective date of the change shall be the effective date by the regulatory body. Any factors not governed by the regulatory body will have an effective date as agreed to by the parties.