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NRC-R4-94-14-A-000110,lbMefV7 I-N-:ES"C'iIIDe, I3001Number 2 Diesel FuelFill Up to 1250 gallonsJR: 'i : :-'1ii. . PR MRC.i ':".'E GR 1 IE-f lT;i ' -- !JNIIRCG. FFP r. MA . .GAfor 2 deliveries as3002300330043005needed.Provide Fuel Additivefor Number 2.DieselFuel As needed.Perform Annual FuelSampling and Analysisand provide results by31,2016DecemberrDelivery FeedidEmergency SupplyFFPW&4EAGEAFFPFFPFFP EAGAEContingency Fuel:Provide Option toprovide emergency fuelsupply up to 31 daysminimum to the -NRC inthe event of anemergency involving aloss of normal ACpower. The fuel shallbe delivered to the NRCupon request by theContracting OfficerRepresentative and notlater than 24 hours afterrequest. Emergencyrequests must beaccepted at any time.For the required 31 dayperiod, at full load, thisshall require delivery ofup to 1250 gallons offuel for an extendedloss of normal electricalservice.BA1OBLIGATION OF FUNDSThis BPA does not obligate any funds. The Government is obligated only to the extent ofauthorized orders actually issued under the BPA by the Contracting Officer.-6-V

NRC-R4-94-14-A-0001B.12 PERIOD OF PERFORMANCEThis BPA expires on December 30, 2015, or such later ending date as determined by theexercise of any option.t .en thtof.peiforance PeriodBase PeriodOption Period 1Option Period 2EstimaEtedflates,.-.July 1,2014 - December 31, 2015January 1, 2015 - December 31, 2016January 1, 2016 - December 31, 2017B.13 AUTHORIZED INDIVIDUALSIndividuals Authorized to Place Orders: Claudia G. Melgar, Contracting OfficerNRC authorizes the assigned Contracting Officer for this contract to place orders against thisBPA.B.14 ORDER FORMATOrders will be placed against this BPA via electronic-mail or in hardcopy format. Eachindividual BPA Task Order will describe the tasks, services and deliverables required.B.15 AUTHORIZED REPRESENTATIVESThe Primary Contracting Officer's Representative (COR) for projects under this Agreement is:Earnestine ClayEarnestine.Clay()nrc.gov, 817-200-1085U.S. NRC Region IV1600 East Lamar BoulevardArlington, Texas 76011-4511U.S.The Primary and/or Secondary COR will be responsible for technical monitoring of thecontractor's performance and deliveries. The COR and the Contractor's Representative shallwork together to ensure that all contractual requirements are being met. The COR will interpretspecifications or technical portions of the work. The COR is not authorized to perform, formallyor informally, any of the following actions:(1) Promise, award, agree to award, or execute any contract, contract modification, or noticeof intent that changes or may change this contract;(2) Waive or agree to modification of the delivery schedule;(3) Make any final decision on any contract matter subject to the Disputes Clause;(4) Terminate, for any reason, the contractor's right to proceed;(5) Obligate in any way, the payment of money by the Government. Only a warrantedContracting Officer is authorized to obligate funds on this or any other contract action.The contractor shall immediately notify the Contracting Officer in writing if the COR has takenan action (or fails to take action) or issues directions (written or oral) that the contractorconsiders to exceed the above limitations.The contractor shall provide the Contracting Officer information copies of all correspondenceto the COR.-7-

U.S.NRCSTATEMENT OF WORK - (COMPLETION-TYPE)SECTION C - DESCRIPTION/SPECIFICATIONSIWORK STATEMENTContentsC. C.15C.16Title of ProjectIntroductionBackgroundObjectiveType of Contract ContemplatedScope of WorkSpecific TasksPeriod of PerformanceRemedies for Non-PerformanceReporting RequirementsAccess to Government Property and FacilitiesRecognized HolidaysHours of OperationSpecial QualificationsContracting Officer's Representative (COR):General - Contractor PersonnelGreen Purchasing-8-

NRC-R4-94-14-A-0001C.1Title of ProjectThis is a non-personnel services Blanket Purchase Agreement to provide Region IVGenerator Fuel ReplenishmentC.2IntroductionThe contractor shall provide all personnel, equipment, supplies, facilities, transportation,tools, materials, supervision, and other items and non-personal services necessary toperform Region IV Generator Fuel Replenishment as defined in this SOW, except forthose items specified as Government-furnished property and services. The contractorshall perform to the standards in this Blanket Purchase Agreement (BPA).C.3BackgroundThe US Nuclear Regulatory Commission, Region IV Office (NRC), is responsible for theprotection of the public health and safety in the civilian use of nuclear power and nuclearmaterials. Currently, Region IV has a Baldor Diesel Generator-IDLC800-2M that servesemergency response matters in support of NRC Headquarters Operations Center.C.4ObiectiveThe objective of BPA is to receive contractor services to top-off generator and providefuel replenishments as needed for a Baldor Diesel Generator-IDLC800-2M. TheContracting Officer Representative (COR) in the Division of Resource Management,Administrative Management Branch will oversee these services.C.5Type of BPA ContemplatedThe Nuclear Regulatory Commission is issuing a single award Blanket PurchaseAgreement. The price section (Section A.3) of this BPA is intended to be used tonegotiate an individual option periods on a firm fixed price basis.C.6Scope of WorkThe contractor shall provide all services and supplies necessary to accomplish the tasksand deliverables described in this Statement of Work (SOW). When tasked by theContracting Officer Representative, the contractor shall provide fuel replenishments forthe following Baldor Diesel Generator-IDLC800-2M located at 1600 E. Lamar Blvd,Arlington, TX 76011:Engine Type: Baldor Diesel Generator-IDLC800-2M, Serial Number P1009290003, KW800, KVA 1000, RPM 1800, HZ 60Engine Fuel SystemRecommended Fuel 2 Diesel-9-

NRC-R4-94-14-A-0001Fuel Consumption - Standby Rating100% Load gph (Lph) 65.2 (246.8)75% Load gph (Lph) 46.8 (177.1)50% Load gph (Lph) 32.2 (121.9)25% Load gph (Lph) 19.3 (73.1)Fuel Consumption - Prime Rating100% Load gph (Lph) 59.3 (224.5)75% Load gap (Lph) 42.6 (161.2)50% Load gph (Lph) 29.3 (110.9)25% Load gph (Lph) 17.6 (66.6C. 6.1.11.1.1TasksRoutine ReplenishmentThe contractor shall replenish the tank for fuel and additive as needed within 48hours of a phone or email request received by the Contracting OfficerRepresentative. If the within 48 hours response will fall on a Saturday or Sunday,the contractor shall replenish the tank of fuel and additive on the next business day.1.1.2Emergency SupplyThe contractor shall also provide emergency fuel supply up to 31 calendar businessdays minimum to the NRC in the event of an emergency involving a loss of normalAC power. The fuel shall be delivered to the NRC upon request by the ContractingOfficer Representative and not later than 24 hours after request. Emergencyrequests must be accepted 24/7.Emergency fuel supply delivery shall be made on Saturdays, Sundays andGovernment Holidays when necessary. For the required 31 day period, at full load,this shall require delivery of up to 50,000 gallons of fuel for an extended loss ofnormal electrical service.1.1.3The Fuel delivered must meet all Environmental Protection Agency regulatoryrequirements.1.1.4The contractor shall provide fuel additives as needed to keep the fuel tank free ofcontamination.1.1.5The contractor shall perform at least annual fuel sampling. The results of theannual sampling shall be provided to the agency's Contractor OfficerRepresentative in an electronic format (examples: .pdf, .jpg, .doc, .xls,) within 30days of testing.C.7 Remedies for Non-PerformanceFor services that are rejected, the contractor shall follow Federal Acquisition Requirement (FAR)52.212-4, "Contract Terms and Conditions-Commercial Items."-10-

NRC-R4-94-14-A-0001C.8 Reporting RequirementsThe contractor shall conduct and provide results of an annual field testing analysis and fueltesting report by June 30, 2015. The original and 1 electronic copies are required in .pdf format.The contractor shall at a minimum test fuel annually for contaminants. A detailed written reportshall be provided of the results of the Fuel Sampling to COR and the Contracting Officer (CO).The contractor shall report an outline of the results of contaminants tested.The contractor shall provide within an acceptable (at least the minimum range for fuel testing).A final report summarizing the work performed and the results and conclusions derived shall besubmitted to the COR within 30 days of the BPA end after the testing.C.9Access to Government Property and FacilitiesThe contractor is permitted limited access to the Government's facilities, as specified below:NRC Region IV office, located at 1600 East Lamar Blvd, Arlington, Texas 76011-4511C.10Place of PerformanceFor the routine replenishment, the contractor shall deliver fuel within in 48 hour period at theNRC Region IV office, located at 1600 East Lamar Blvd, Arlington, Texas 76011-4511.For emergency replenishment, the contractor shall deliver fuel within the 24 hours responseperiod to NRC Region IV office, located at 1600 East Lamar Blvd, Arlington, Texas 76011-4511.C.11Recognized HolidaysThe following holidays are recognized and observed by the Federal Government and routinereplenishment is not to perform services on Federal holidays.New Year's DayMartin Luther King Jr.'s BirthdayPresident's DayMemorial DayIndependence DayLabor DayColumbus DayVeteran's DayThanksgiving DayChristmas Day(See NRC Local Clause "Compensation for On-Site Contractor Personnel" (AUG 2011) and itsAlternate 1 clause)C.12Hours of OperationThe contractor is responsible for conducting business, between the hours of 7:30 a.m.-1 1:00a.m. or 1:00 p.m. to 4:15 p.m. Monday - Friday except Federal holidays or when theGovernment facility is closed due to local or national emergencies, administrative closings, orsimilar Government directed facility closings. The contractor must at all times maintain anadequate workforce for the uninterrupted performance of all tasks defined within this SOW whenthe Government facility is not closed for the above reasons. When hiring personnel, thecontractor shall keep in mind that the stability and continuity of the workforce are essential.-11 -

NRC-R4-94-14-A-0001C.13Special Qualifications:The contractor is responsible for ensuring that its employees assigned to this Government BPApossess and maintain current professional certifications and/or licenses.C.14Contracting Officer's Representative:The Contracting Officer's Representative (COR) will be officially designated by the CO byseparate letter. The COR monitors all technical aspects of the contract/order and assists in itsadministration. The COR is authorized to perform the following functions: assure that thecontractor performs the technical requirements of the contract/order: perform inspectionsnecessary in connection with contract/task order performance: maintain written and oralcommunications with the contractor concerning technical aspects of the contract/order: issuewritten interpretations of technical requirements, including Government drawings, designs,specifications: monitor contractor's performance and notifies both the CO and contractor of anydeficiencies; coordinate availability of Government-furnished property, and provide site entry ofcontractor personnel. A letter of designation issued to the COR, a copy of which is sent to thecontractor, states the responsibilities and limitations of the COR, especially with regard tochanges in cost or price, estimates or changes in delivery dates. The COR is not authorized tochange any of the terms and conditions of the resulting BPA.C.15General- Contractor PersonnelContractor EmployeesThe contractor shall not employ persons for work on this contract if such employee isconsidered by the contracting officer to be a potential threat to the health, safety, security,general well-being or operational mission of the installation and its population.Contractor personnel shall present a neat appearance and be easily recognized as contractoremployees. Contractor personnel attending meetings, answering phones, and working in othersituations where their status is not obvious are required to identify themselves as such to avoidcreating the impression that they are Government officials.The contractor shall not employ any person who is an employee of the U.S. Government ifemploying that person would create a conflict of interest. Additionally, the contractor shall notemploy any person who is an employee of the NRC, unless such person seeks and receivesapproval according to NRC regulations.C.16Green PurchasingIn accordance with NRC's Green Purchasing Plan (GPP), indicate any: (i) EPA-designatedrecycled content products [See EPA's Comprehensive Procurement Guideline (CPG)], (ii)EPEAT -registered products, (iii) Energy Star and FEMP-designated efficient products andappliances, (iv) USDA-designated biobased products (USDA BioPreferred program), (v)environmentally preferable products, (vi) WaterSense and other water efficient products, (vii)products containing non- or lower ozone depleting substances (SNAP), and (viii) productscontaining no or low toxic or hazardous constituents (e.g., non-volatile organic compounds(VOC) paint).-12-

NRC-R4-94-14-A-000152.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (SEPT 2013)(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items thatconform to the requirements of this contract. The Government reserves the right to inspect ortest any supplies or services that have been tendered for acceptance. The Government mayrequire repair or replacement of nonconforming supplies or reperformance of nonconformingservices at no increase in contract price. If repair/replacement or reperformance will not correctthe defects or is not possible, the Government may seek an equitable price reduction oradequate consideration for acceptance of nonconforming supplies or services. The Governmentmust exercise its post-acceptance rights(1) Within a reasonable time after the defect was discovered or should have been discovered;and(2) Before any substantial change occurs in the condition of the item, unless the change is dueto the defect in the item.(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due asa result of performance of this contract to a bank, trust company, or other financing institution,including any Federal lending agency in accordance with the Assignment of Claims Act(31 U.S.C. 3727). However, when a third party makes payment (e.g., use of theGovernmentwide commercial purchase card), the Contractor may not assign its rights to receivepayment under this contract.(c) Changes. Changes in the terms and conditions of this contract may be made only by writtenagreement of the parties.(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended(41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any requestfor equitable adjustment, claim, appeal or action arising under or relating to this contract shall bea dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which isincorporated herein by reference. The Contractor shall proceed diligently with performance ofthis contract, pending final resolution of any dispute arising under the contract.(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is causedby an occurrence beyond the reasonable control of the Contractor and without its fault ornegligence such as, acts of God or the public enemy, acts of the Government in either itssovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes,unusually severe weather, and delays of common carriers. The Contractor shall notify theContracting Officer in writing as soon as it is reasonably possible after the commencement ofany excusable delay, setting forth the full particulars in connection therewith, shall remedy suchoccurrence with all reasonable dispatch, and shall promptly give written notice to theContracting Officer of the cessation of such occurrence.(g) Invoice.(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, ifauthorized) to the address designated in the contract to receive invoices. An invoice mustinclude--13-

NRC-R4-94-14-A-0001(i) Name and address of the Contractor;(ii) Invoice date and number;(iii) Contract number, contract line item number and, if applicable, the order number;(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;(v) Shipping number and date of shipment, including the bill of lading number and weight ofshipment if shipped on Government bill of lading;(vi) Terms of any discount for prompt payment offered;(vii) Name and address of official to whom payment is to be sent;(viii) Name, title, and phone number of person to notify in event of defective invoice; and(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoiceonly if required elsewhere in this contract.(x) Electronic funds transfer (EFT) banking information.(A) The Contractor shall include EFT banking information on the invoice only if requiredelsewhere in this contract.(B) If EFT banking information is not required to be on the invoice, in order for the invoice to bea proper invoice, the Contractor shall have submitted correct EFT banking information inaccordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Paymentby Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment byElectronic Funds Transfer-Other Than System for Award Management), or applicable agencyprocedures.(C) EFT banking information is not required if the Government waived the requirement to pay byEFT.(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) andOffice of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.(h) Patent indemnity. The Contractor shall indemnify the Government and its officers,employees and agents against liability, including costs, for actual or alleged direct orcontributory infringement of, or indu

25. accounting and appropriation data 26. total award amount (for govt. use only) as indicated on each call 0.00 l1 27a. solicitation incorporates by reference far 52.212-1. 52.212-4. far 52.212-3 and 52.212-5 are attached. addenda d are e] not attached. f-,27b contractipurchase order incorporates by reference far 52.212-4.