Solicitation Number: VA246-12-R-4024 Notice Type: Combined Synopsis/Solicitation Synopsis: Added: Oct 10, 2012 12:00 pm 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, and Subpart 41, Acquisition of Utility Services. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is being issued as a Request for Proposal under the number VA246-12-R-4024. This solicitation document, incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-66. 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 Department of Veterans Affairs, VISN 6 Network Contracting Office (NCO) working to satisfy the acquisition needs of the Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers, intends to make Delivery/Task Orders against this single (or) multiple award contract to a contractor(s) 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 the 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). 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 Department of Veterans Affairs to secure the lowest cost for natural gas supply and the transportation of such natural gas to the Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers utilizing the most direct pipeline served by the local NGDC. Therefore, the VISN 6 Network Contracting Office (NCO), Hampton, Virginia, intends to award a firm-fixed price requirements type contract(s) for the provision of natural gas utility services which meets the requirements outlined in this statement of requirements. SECTION 2.B: STATEMENT OF REQUIREMENTS -- NATURAL GAS UTILITY SERVICES 2.B.1. PLACE OF PERFORMANCE: Contract services will be provided to: Asheville VAMC 1100 Tunnel Road Asheville, NC 28805 Durham VAMC 508 Fulton Street Durham, NC 27705 Fayetteville VAMC 2300 Ramsey Street Fayetteville, NC 28301 Salisbury VAMC 1601 Brenner Avenue Salisbury, NC 28144 2.B.2. REQUIRED SERVICES: Natural Gas Utility Service Requirements - The Department of Veterans Affairs has a present and continuing requirement for natural gas utility service for the proper operation of the Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers. The contractor shall provide 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: Asheville: Nov. 8,200 Dth, Dec. 10,000 Dth, Jan. 13,000 Dth. Durham: Nov. 11,300 Dth, Dec. 11,300 Dth, Jan. 15,000 Dth. Fayetteville: Nov. 4,200 Dth, Dec. 4,200 Dth, Jan. 6,000 Dth. Salisbury: Nov. 11,000 Dth, Dec. 13,000 Dth, Jan. 14,000 Dth. 2) The point of delivery for the natural gas supplied shall be at PSNC Energy or Piedmont Natural Gas Company city gate. 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, 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 determines such change to be in the best interest of the VA Medical Center. 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 contract modification (Form 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 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 North Carolina Utilities Commission. 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 Department of Veterans Affairs. Invoices for service shall be rendered for payment by the contractor to: Department of Veterans Affairs, Financial Services Center, P.O. Box 149971, Austin, TX 78714-9971. b) Generally, as a Federal agency, purchases made by the Department of Veterans Affairs 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 Department of Veterans Affairs 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 Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers, or the effective superseding schedule as regulated by a board of appointed officials. The Department of Veterans Affairs 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. Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers 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 Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers and to the System for Award Management (SAM) 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 Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers 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 Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers 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 Department of Veterans Affairs 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 Department of Veterans Affairs 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 Department of Veterans Affairs, its employees or agents; provided further that the contractor shall not be liable for the action of the Department of Veterans Affairs, its employees or agents. b) Force Majeure: Events not reasonably anticipated or within the control of the claiming party. Neither the Department of Veterans Affairs 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 Department of Veterans Affairs relating to the terms of this contract after notification of award shall be conducted through the VISN 6 Network Contracting Office (NCO), Hampton, Virginia. MAILING ADDRESS OF THE NCO IS: Network Contracting Office 6 (VISN 6), 100 Emancipation Drive, Bldg 27, Hampton, VA 23667. Phone: 757-726-6048 Fax: 757-726-6010 Attn: John Summers, Administrative Contract Specialist. 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 Department of Veterans Affairs 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 Department of Veterans Affairs 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 Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers. f) For a minimum period of performance from date of award for this contract through a maximum period not to exceed 3 months from effective date of award, the utility provider shall provide natural gas utility service to Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers. 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. 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 Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers. ix. Distribution - The Delivery of natural gas from the city gate to the consumer. x. Facility - The Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers 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. NCUC - North Carolina Utility 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 Veterans Affairs Acquisition Regulation (VAAR) clauses or VAAR 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 52.233-4 (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 52.241-11 (FEB 1995) MULTIPLE SERVICE LOCATIONS 52.253-1 (JAN 1991) COMPUTER GENERATED FORMS CONTINUATION OF ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--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: 52.216-18 (OCT 1995) ORDERING - (a) from THE EFFECTIVE DATE OF AWARD through 1-31-2012. 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) 30 DAYS. 52.216-21 (OCT 1995) REQUIREMENTS - (f) after 1-31-2013. 52.217-6 (MAR 1989) OPTION FOR INCREASED QUANTITY - 30 DAYS. 52.217-8 (NOV 1999) OPTION TO EXTEND SERVICES - 30 DAYS. 52.217-9 (MAR 2000) OPTION TO EXTEND THE TERM OF THE CONTRACT - 60 DAYS, 30 DAYS, NINE (9) MONTHS. 52.241-3 (FEB 1995) SCOPE AND DURATION OF CONTRACT - (a) EFFECTIVE DATE OF AWARD (EDOA) THROUGH 1-31-2012, 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. 52.212-5 (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 (or) multiple 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 November 1, 2012. PERIOD OF PERFORMANCE: The anticipated period of performance of the resulting contract will be 11/01/2012 through 01/31/2013. In accordance with FAR 46.503 and 46.403(a)(6), the place of acceptance for services under this contract is at the destination, Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers. 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. The Contracting Office of Network Contracting Office 6 (VISN 6), 100 Emancipation Drive, Bldg 27, Hampton, VA 23667 is the Contract Administration Office for this contract. 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. 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 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 Proposal, the offerors proposal will consist of -- Price Proposal: General: The Government is requesting a firm fixed price (FFP) for the 3 month 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 NCUC, except to the extent that same are preempted by Federal Law. b) If, during the term of this contract, the NCUC approves a change in rates for services specified in effect, the contractor agrees to continue to furnish, and Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers agree 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 NCUC'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 Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers 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 NCUC's rules or regulations shall be subject to audit by Asheville, Durham, Fayetteville, and Salisbury VA Medical Centers 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 (or) contracts to the lowest price ($/Dth) offer received that meets the solicitation's qualifications. Award may be made without negotiation of proposals. Therefore, offeror is requested to initially submit a proposal 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, and Part 41 - Acquisition of Utility Services. The Government intends to award a contract under this request for proposals. 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) John Summers, Administrative Contract Specialist, Network Contracting Office 6 (VISN 6), 100 Emancipation Drive, Bldg 27, Hampton, VA 23667 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 2005-61. Upon request, the Contracting Officer will make their full text available. 52.212-3 (AUG 2009) OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS 52.216-27 (OCT 1995) SINGLE OR MULTIPLE AWARDS 852.233-70, Protest content/alternative dispute resolution. 852.233-71, Alternate protest procedure. 852.273-73, EVALUATION - HEALTH-CARE RESOURCES. 852.273-74, AWARD WITHOUT EXCHANGES. SUBMISSION OF PROPOSALS: The following are tailored paragraphs of FAR 52.212-1 Instructions to Offeror-Commercial Items (b). Offerors interested in obtaining a Department of Veterans Affairs 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. Proposals shall be submitted on or before the offer deadline of Monday, October 15, 2012, no later than 3:00pm Eastern 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 Contracting Office. An offer received after the proposal deadline will be handled in accordance with FAR 52.212-1(f). E-mail offers will 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 System for Award Management (SAM) database - https://www.acquisition.gov. (Databases include the CCR, EPLS, ORCA, and Disaster Response Registry). The offeror should include their Data Universal Numbering System (DUNS) number with their offer. The CO will verify registration in the System for Award Management (SAM) database prior to award by entering the potential awardees' DUNS number into the System for Award Management (SAM) database - https://www.sam.gov/portal/public/SAM/. 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 John Summers, Contract Specialist at the e-mail address:
[email protected].