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COMMERCE BUSINESS DAILY ISSUE OF AUGUST 25,1997 PSA#1916

Property Management Division, General Services Administration, 10 Causeway St Room 985, Boston, MA 02222-1077

S -- SUPPLY AND TRANSPORTATION OF FIRM NATURAL GAS, VARIOUS AREAS IN NEW ENGLAND SOL GS01P97BWD0084 DUE 082997 POC Contract Specialist, Melissa Mitrano, 617-565-8933 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. Full text of the following solicitation as well as Load Data can be found at this Internet Site: http://www.r1site.gsa.gov/naturalgas.htm Proposals are being requested and a written solicitation will not be issued. In the event of an amendment is issued, it will not be posted in the CBD, however it will appear on the Internet. Solicitation # GS-01P-97-BWD-0084 is a Request For Proposal (RFP). This solicitation document and incorporated provisions and clauses are those in effect through FAC 90-46. This is a full and open procurement under SIC 4922. At the time that proposals are due all offerors are required to submit the following information in writing. Price: Offeror's price for the supply of 365 day, firm gas supply for this 12 month period, shall be stated as two aggregate firm fixed rates for all locations listed in Load Data (see Internet). The two aggregate firm fixed prices shall be stated in cents/therm as follows: (a) Winter Rate 11/01/97 -03/31/98; (b) Summer Rate 04/01/98-10/31/98. Compare your pricing with the LDC's firm gas pricing and illustrate those comparisons. In the event that a Gov't facility exceeds the swing limit (+/- 10%), the offeror shall provide a pricing structure that will encompass the excess costs associated. This pricing structure must be submitted in both summer and winter rates. Experience and Past Performance: Offeror must provide a min. of 3 and a max. of 6 references (ref.). Each ref. must be within the timeframe of 8-95 through 8-97 and, must include the name and telephone number of a customer to contact that can verify the total amount of gas sold and transported in million cubic feet per day under that contract. Also provide information on the cost savings generated to the customer by utilizing your company as compared to their previous supplier. Financial Stability: Offeror must provide financial statements indicating offeror's financial stability for the previous 2 fiscal years as measured by Total Revenues and Year End Total Assets. Pipeline Capacity: Offeror must describe interstate and/or all other pipeline capacity and include terms of contracts, which will be used to deliver gas to the facilities supplied by this solicitation and as listed in Load Data. Background: The GSA is Requesting Proposals for the supply and transportation of firm natural gas at various locations throughout New England. The successful offeror will supply various Federal Gov't Agencies' facilities for the period of 11-1-97 through 10-31-98. General Requirements: The awardee will be responsible for the following duties: (a) Manage, nominate and schedule transportation service with the Local Distribution Company (LDC) to the city gate for each facility; (b) Communicate directly with the LDC to balance scheduled and actual receipt and delivery of Govt's gas pursuant to the LDC's Transportation Service Agreement and this contract; (c) Collect and pay all bills for LDC delivery from city gate to burner tip; aggregate with all supplier bills from delivery point to city gate; and invoice to the appropriate agency for the combined supplier/LDC delivery charges and (d) To perform all other incidentals necessary to execute the duties set forth in subsections (a), (b) and (c) above. The Contractor (CTR) shall coordinate its actions with the LDC and the agency point of contact for each facility. Measurement, testing, heating value, delivery pressure, and quality of natural gas delivered shall be in accordance with the applicable interstate pipeline specifications. The Gov't shall not be obligated to purchase or pay for natural gas that either the LDC or the interstate pipeline has refused to accept due to nonconformance with its specifications. The CTR shall furnish all labor, materials, tools, equipment, and incidentals to supply and deliver direct supply natural gas to the (LDC) City gates. The CTR shall adhere at all times with applicable LDC tariff, agreements, rules and regulations. Specific Criteria. Purchase And Sale Obligation: Under fixed price gas supply herein, the Gov't hereby acknowledges that CTR has made a financial commitment for the monthly gas quantities identified in Load Data (see Internet) herein and that Gov't shall be obligated to purchase such monthly quantities within a +/- 10% tolerance, at the fixed price and for the term agreed herein. In the event that Gov't requires monthly gas quantities in excess of 110% of those quantities at the contract price on the date of delivery, the CTR shall provide a pricing structure that encompasses that event (See Pricing Section). Conversely, if the Gov't requires less than 90% of the monthly quantity of gas identified in Load Data (See Internet) the CTR shall use it's best efforts to re-market such unused monthly quantities at the then current market price and credit or debit the Govt's invoice for any gain or loss resulting from any sale of Govt's gas to other markets. If the CTR is unable to re-market the Govt's unused gas quantities or any portion thereof, such quantities shall be cashed-out pursuant to the LDC transportation tariff. Monitoring And Balancing: The CTR shall monitor facilities consumption via telemetering where installed. In locations where telemetering is not installed the CTR shall be responsible for contacting the appropriate LDC for usage. If a negative balance exists, the CTR shall be responsible for whatever additional moneys, as determined by the applicable tariff (agreement, rule or regulation), the facility is obligated to pay the LDC to bring its account balance within the specified tolerance and/or zero if balancing the last month of the contract. If an imbalance is carried over from a previous month, the CTR shall alter the nomination to compensate for said imbalance, and notify agency point of contact. During the month of delivery, the CTR shall assume responsibility for adjusting the nomination to keep the installations account within balance or tolerance as defined by the pipeline and/or the LDC and this contract. Adjustments by the CTR may be made within the monthly "swing limits" set forth in Purchase and Sales. For nomination adjustments that exceed the monthly "swing limits", notification and approval must be made and received from agency point of contact. (See Pricing Section.) If a positive balance exists, and if the LDC compensates the facility for excess supplies beyond the specified tolerance level and/or a zero account balance for the last month of delivery, the facility shall pay the CTR, in lieu of the contract price, only the amount the LDC credits the facility, less any applicable LDC transportation charges. For negative and positive imbalances that result in a cash-out, cash-out procedures shall be completed within 30 days after the facility has received its bill from the LDC for the last month of delivery by the CTR. Refusal Of Delivery By LDC: If, because of supply or system operation constraints of the LDC, the LDC refuses to accept quantities of natural gas ordered by the Gov't, that quantity will not be considered to have been delivered; therefore, the Gov't shall not be obligated to pay for the undelivered supply unless the LDC utilizes the gas for its own system delivery. In that case, the CTR shall be paid either the LDC's cash price or LDC WACOG, whichever is applicable during the month the over delivery was made. Penalties: If the CTR fails to monitor the facility's consumption adequately or fails to adjust the nomination as necessary within the funds obligated, as adjusted to correct an imbalance, or fails to adjust the nomination of a delivery order to correct an imbalance; and this results in the facility incurring additional costs or causes the facility to be charged any LDC penalties, or any pipeline penalties, the CTR shall be liable for the amount of that charge and/or penalty. The CTR may use released firm capacity without recall provisions; recall of released firm capacity will not be considered an excuse for non-performance of this contract. Consolidated Billing: For each Agency, the CTR shall assume payment of monthly bill, and make arrangement for said monthly invoice, with each LDC, to be delivered to the CTR. CTR shall then provide a consolidated invoice, and attach monthly information on daily usage data for the applicable facility on an excel spreadsheet format, to the agency billing address or finance office as stated in Load Data (see Internet). Any penalties or late fees associated with late payment or non-payment charges from the LDC or the pipeline shall be incurred and absorbed by the CTR and detailed on invoice spreadsheet. (4) Schedule: Gas is to be delivered 11-1-97 through 10-31-98. Dates of delivery are 11-1-97 through 10-31-98; places of delivery are listed in Load Data on the Internet. Solicitation provision at FAR 52.212-1, Instructions to Offerors-Commercial Items (10-95) is hereby incorporated by ref. Clause FAR 52.212-2 Evaluation-Commercial Items (10-95) is hereby incorporated by ref. The Gov't will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Gov't, price and other factors considered. The Gov't may award this contract on the basis of initial offers received without discussions. Therefore, each initial offer should contain the offeror's best terms from a price and technical standpoint. Factors to be considered in the evaluation of offers are listed in order of importance: Price, Pipeline Capacity, Experience and Past Performance and Financial Capability. Price is significantly more important than all of the technical factors combined. Pipeline Capacity is significantly more important than Experience and Past Performance and Financial Stability combined. Experience and Past Performance and Financial Stability are of equal importance. Offeror's are reminded to include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications -Commercial Items with its offer. Clause FAR 52.212-4, Contract Terms and Conditions-Commercial Items (10-95), is hereby incorporated by ref. See the Internet Address for clauses that have precedence over FAR 52.212-4. Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes of Executive Orders-Commercial Items, is hereby incorporated by ref. The following paragraphs apply to this solicitation and any resultant contract (b)(2)52.203-10, (b)(3)52.219-8, (b)(6) 52.222-26, (b)(7)52.222-35, (b)(8)52.222-36, (b)(9) 52.222-37, (b)(15)52.225-21. Additional contract terms and conditions applicable to this contract are: FAR 52.216-19 Order Limitations (10-95). (a)Minimum Order: less than 50% of the estimated therms for all locations combined. (b)Maximum Order: (1) Any order for a single item in excess of 200% of the estimated basic therms for each location. (2) Any order for a combination of items in excess of 200% of the estimated therms for each location. FAR 52.216-22 Indefinite Quantity (10-95). FAR 52.217-8 Option to Extend Services (8-89). Signed and dated offers, 1 original and 3 copies of the entire proposal, which includes both the technical and pricing data, must be submitted to the General Services Administration, Property Management Center -- North, 10 Causeway Street, 9th Floor, Room 985, Boston, MA 02222-1077, Attn: Melissa Mitrano, at or before 3:00 p.m. local time on 8-29-97. Proposals must be marked as RFP GS-01P-97-BWD-0084. Contact Melissa Mitrano at (617) 565-8933. (0233)

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