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Contract 962-M6 Fuel services -- emergency contingency contract

Start date: 01/2013

End date: 12/2014

  1. DESCRIPTION OF CONTRACT: TPASS MANAGED CONTRACT NO. 962-M6
    Fuel transport and dispensing services pursuant to the Texas Government Code, Section 418.043(2).

    Services and commodities are required for all-hazards emergency preparedness and may be simultaneously dispatched to one or more locations throughout the state of Texas prior to, during, or after an incident or event occurs. All-hazards planning and preparedness addresses natural, technological, adversarial or human caused incidents or events.
    The services shall support a standard period of seven (7) to ten (10) days. The duration is dependent upon the scale and scope of the emergency and services may be needed for shorter or longer durations.

  2. AUTHORITY TO USE CONTRACT
    Pursuant to the authority and responsibility provided in §§ 2155.061, 2156.061, and 2156.121, Government Code, the Comptroller's office is authorized to procure statewide contracts.
    Pursuant to §§ 2155.202 – 2155.204, Government Code, statewide contracts procured by the Comptroller’s office may additionally be used by community mental health and mental retardation centers, the Texas Legislature and related legislative agencies, and local government entities pursuant to Subchapter D, Chapter 271, Local Government Code. Local government is defined by § 271.081 of the Local Government Code to include a county, municipality, special district, school district, junior college district, a local workforce development board created under Section 2308.253, Government Code, or other legally constituted political subdivision of the state.
    The contract will be available for use by all state agencies; higher education and cooperative members, providing there is no conflict with any applicable statutes, rules, policies, or procedures. State agencies and eligible entities as described above (Authority to Contract) will have the option to use the pricing as agreed to within the contract.
    State agencies; higher education and cooperative members will issue their internal purchase orders directly to the contractor(s), however, shall reference and cite the CPA contract number within the purchase order document.
    The services/commodities to be provided to Texas Department of Emergency Management (TDEM) through this contract during an emergency situation will be given priority support while providing the same expected support to other entities utilizing the contract.
    Purchases against this contract made during a non-declared emergency event should be processed as an emergency and reference the contract.

  3. HOW TO ORDER:

    Customers must issue an internal purchase order and reference CPA Contract No. 962-M6 to be eligible for Contract pricing.

    For State Agencies: Use Purchase Category Code C

    NIGP Class/Item:
    962-86

    The Contractor agrees not to perform services and/or provide fuel until issuance of a Purchase Order a customer as outlined in Section B.

  4. CONTRACT PRICING

    FUEL: Terminal Price plus 3%
    Terminal Price Definition: Out-of-pocket fuel price the contractor paid at the pump at the time of fueling.

    SERVICES – DECLARED EMERGENCY RESPONSE: $300.00 per Truck Hour

    SERVICES – SINGLE NON-EMERGENCY MISSION: $125.00 per Truck Hour - No Hourly Minimum

  5. CONTRACTOR

    Payee ID No.: 17601434834
    Suncoast Resources, Inc.
    6922 Cavalcade
    Houston, TX 77028
    Contact: Lee Ann Barnes
    Phone: 713-844-9614
    Email: emergencyresponse@suncoastresources.com

    Expedited Payment Discount:
    15% net 20
    20% net 15
    30% net 10

  6. TERM OF CONTRACT: January 3, 2013 thru December 31, 2013
    Renewal Term: January 1, 2014 through December 31, 2014

    RENEWAL OPTIONS:
    2nd Renewal Period: January 1, 2015 through December 31, 2015
    3rd Renewal Period: January 1, 2016 through December 31, 2016
    4th Renewal Period: January 1, 2017 through December 31, 2017
    5th Renewal Period: January 1, 2018 through December 31, 2018

  7. SERVICE AREAS AND DELIVERY:
    All-hazards planning and preparedness addresses natural, technological, and adversarial or human caused incidents or events.
    1. Services are to be available and provided on a statewide basis for all-hazards planning and preparedness.
    2. Dispatching of trucks to set up for mobile fueling facility must be made within 12 hours after receipt of a purchase order and the contractor must use best efforts to provide fuel dispensing services at the requested site within 12 hours after receipt of a purchase order. In the event the contractor will be unable to arrive at the requested fueling site within 12 hours, the contractor shall notify the requesting entity as soon as possible.
    3. The delivery is to be made to the destination(s) indicated on the Purchase Order. Written confirmation(s) via revised purchase order(s), and/or purchase order change notice(s) will be transmitted to document the moving to a new site as directed verbally by requesting entity.
    4. The services and commodities procured for all-hazards emergency preparedness may be simultaneously dispatched to one or more locations throughout the state of Texas prior to, during, or after an incident or event occurs.
    5. Deliveries made without a purchase order are placed at the risk of the contractor and may not be subject to payment.

      Special circumstances may require verbal agreement for delivery of fuel; however, this is not to be considered normal operating procedure. If a special circumstance does arise, the only TDEM staff that can authorize the verbal agreement would be the SOC Manager, the SOC Deputy Manager or the SOC Section Administrator and other requesting entity personnel. The contractor will be provided the names and contact information for these designated personnel during any event by the requesting entity.

      Verbal Instruction/Dispatching approval process while in the field at location after activation:

      1. The contractor employee or TDEM site manager or requesting entity designate personnel will communicate to Kyle Lehne (or designee) the request for additional services to include the requesting individual’s information.
      2. Kyle Lehne (or designee) will contact the SCRI representative at the TDEM State Operation Center (SOC) or the requesting entity’s designated personnel.
      3. For TDEM: SCRI representative at the TDEM SOC will make internal contact through the SOC DDC to receive approval.
      4. Written and/or verbal communication will be sent by TDEM SOC DDC or the requesting entity authorizing the additional services.
    6. Confirmation of delivery shall be sent to the TDEM Project Manager indicating the following:
      1. Delivery date
      2. Delivery time
      3. Type of delivery
      4. Recipient
    7. Supporting documentation may be used to satisfy the confirmation requirements as follows:
      1. Driver logs
      2. Vehicle logs
      3. Delivery logs
      4. Fuel receipts
      5. Crew time reports

      FOR TDEM ONLY:
      If a TDEM project manager is not available, an allowable substitute shall include the Disaster District Coordinator (DPS Highway Patrol Captain) or his designee. These individuals will be identified at the time of the incident/event by the DDC. It is recommended that confirmation is made by telephone through contact with the DDC/Designee. If one form of documentation is not available, another form may be used as supporting documentation which is legible, signed delivery logs and fuel receipts. The delivery logs and fuel receipts are critical because they should show who the fuel was given to, the amount, location and time.

      TDEM in coordination with the CPA TPASS Contract Management Office (TCMO) reserves the right to modify, add, or delete forms and reporting objectives to satisfy requirements levied on the state to validate associated expenses.

  8. SCOPE OF SERVICES
    The scope of the contract is to have emergency fuel available to agencies and response teams throughout the state to support all-hazards emergency preparedness and response activities.
    1. Contractor Service Requirements
      1. Assign the Contractor’s Project Manager to the State Operations Center in Austin, Texas at the request of TDEM
      2. Have available as assets a minimum of 50 operational trucks
      3. Set up and position as many as 50 mobile fueling operations as directed through issuance of a DPS, TPASS or qualified entity’s Purchase Order, at designated locations around the state, upon notification of safe conditions and clear roads
      4. Mobile fueling operation may consist of a combination of the following:
        1. Transport Tanker (with or without Truck) with temporary fueling station pump
        2. Bobtail tanker with temporary fueling station pump
        3. Tanks with containment pans
      5. The mobile fueling operation must:
        1. Be self-sustaining in the event electricity is not available
        2. Have the ability to operate 24/7/365
        3. Be ready to move to new sites at the direction of TDEM, TPASS, or DPS and as stipulated in the Purchase Order
      6. Driver Requirements:
        1. Contractor must maintain a minimum of fifty (50) drivers
        2. All drivers must be:
          1. HazMat Certified
          2. Disaster response trained
          3. Ready for deployment within twelve (12) hours of notification
      7. Response Personnel must be self-sufficient teams with the capability to:
        1. Provide onsite housing
        2. Operate a mobile command center unit
        3. Respond appropriately to fires and spills with the appropriate vehicles and equipment
      8. Trucks and/or tanks provided for emergency response must:
        1. Offer multiple hose filling capability
        2. Provide temporary fueling station pumps
        3. Be approved through the Department of Transportation for transport while loaded with fuel.
          Current approval required through the Department of Transportation for transport while loaded with fuel. A separate inspection is not required before being dispatched via a written purchase order at the direction of TDEM; CPA/TPASS or DPS.
      9. Asset Fuel Capacities – May include, but not limited to the following:
        1. ISO Tanks: may offer a capacity of 4,500 up to 6,000 gallons and approved for transportation loaded with fuel.
        2. Fuel Storage Tanks:
          May offer a capacity of 500, 1,000, 2,000, 4,000, 6,000, 8,000, 10,000, or 20,000 gallons
        3. Bobtail trucks:
          Tanks must have the capacity to haul up to 5,000 gallons with compartments for multiple products.
        4. Transport Trucks:
          The tanks must have the capacity to haul a minimum of 7,000 gallons of diesel fuel and a minimum of 8,000 gallons of gasoline with compartments for multiple products
        5. Other transport, delivery, or storage capability not listed above.
      10. Fuel Provision Requirement:
        Contractor is approved to receive petroleum from every major terminal in the state of Texas and neighboring states for provision of, but not limited to, gasoline (87 octane), diesel (low sulfur), Jet A and aviation gasoline (avgas).
      11. Bulk Fuel Storage:
        Contractor must maintain bulk fuel storage facilities within the DPS, Highway Patrol Regions:
        Dallas Region – Districts: Dallas, Tyler, Mt. Pleasant, Hurst
        Houston Region - Districts: Houston, Beaumont, Conroe, Bryan
        McAllen Region – Districts: McAllen, Laredo, Corpus Christi
        El Paso Region – Districts: Midland, El Paso
        Lubbock Region – Districts: Lubbock, Amarillo, Abilene
        San Antonio Region – Districts: San Antonio, Austin, Waco
    2. Additional Requirements for Contractor Personnel
      The contractor will be responsible to provide the communication methods to demonstrate that all systems and equipment within contractor's control are in working condition during a declared emergency. These controls include but are not limited to:
      1. The contractor(s) must provide continuous voice and data communications with and within its emergency field operation to ensure proper delivery and the dispensing of fuel when the local communications infrastructure (land phones, mobile devices that depend on local cell phone antenna networks, and internet connectivity) is disabled and main power is unavailable. The field operation must demonstrate an ability to send and receive telephone, fax, and Email communication continuously throughout the duration of an event.
      2. The contractor(s) must be able to track and communicate with transport vehicles (GPS) at all times to ensure that service is being performed and that on-demand service requests are handled in a timely and accurate manner. Vehicle tracking information must be available real-time to the emergency operations management team so that operations can be coordinated with other emergency service providers.
      3. The contractor(s) must identify and provide the following management staff:

        1. Project Manager
        2. Operations Officer
        3. Logistics Officer
        4. Appropriate supporting staff
      4. All personnel representing the contractor shall meet all service requirements and provide quality service required to the customer.
      5. The contractor shall manage all quality and performance, project management, and schedules for contractor personnel. The contractor shall be held solely responsible and accountable for the completion of all work for which the contractor has contracted.
      6. The customer retains the right to check personnel background and make a determination to approve
        or remove personnel based upon this information.
    3. Insurance Requirements
      The contractor will maintain the required insurance during the initial term and any renewal period exercised.

      All insurance shall be carried by a provider rated A- or better by AM Best, and all coverage shall include waiver of subrogation and add the State of Texas as an additional insured. The contractor’s insurance disclosure must include amounts of coverage, carrier(s), and any restrictions or limitations on coverage.

      The minimum required amounts:

      1. Excess Insurance Liability: Minimum of $5,000,000
      2. General Liability: $2,000,000 Combined Single Limits (Bodily Injury/Property Damage Aggregate)
      3. Automobile Liability: $5,000,000 Combined Single Limits (Bodily Injury/Property Damage)
      4. Worker's Compensation: Statutory covering all contractor personnel who will provide services under the contract.
        All insurance shall remain in force and effect for the entire period of the contract and the Contractor shall require all subsequent insurance companies issuing policies of insurance for the contractor to certify on a document reasonably acceptable to CPA that such policies have been issued and are currently in effect.
        CPA and TDEM must be provided a 30-day notice of cancellation or material change to the policy coverage and limits.
    4. Regulations and Licensing
      Contractor must comply with the U.S. Department of Transportation -- Federal Motor Carrier Safety Administration
      Motor Carrier Licensing required for transportation of, but not limited to, diesel fuel, gasoline and jet fuel.

  9. CPA CONTRACT MANAGEMENT: Questions regarding contract management issues, price changes, amendments or other post-award concerns should be directed to:

    Kit von Wupperfeld, Contract Specialist
    TPASS Contract Management Office (TCMO)
    Texas Comptroller of Public Accounts (CPA)
    Phone: (512) 463-1605
    FAX: (512) 936-0040
    kit.vonwupperfeld@cpa.state.tx.us

  10. ADDING NEW PRODUCTS TO THE CONTRACT: Following the contract award, additional products of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. Customers are encouraged to request additional items by contacting the TPASS contract manager.

  11. CONTRACTOR PERFORMANCE: The Comptroller of Public Accounts (CPA) administers a vendor performance program for use by all ordering entities per Texas Government Code, Title 10, Subtitle D, Section 2155.077. The Vendor Performance and Debarment Program relies on the ordering entity's participation in gathering information on vendor performance. Ordering Entities shall report vendor performance on purchases over $25,000 from contracts administered by the commission or any other purchase over $25,000 made through delegated authority granted by CPA (TAC 20.108). Agencies are additionally encouraged to report vendor performance on purchases under $25,000.

    Vendor Performance shall be reported through the CPA Vendor Performance Tracking System. The purpose of the system is to:

    • Identify vendors that have exceptional performance.
    • Aid purchasers in making a best value determination based on vendor past performance.
    • Protect the state from vendors with unethical business practices.
    • Provide performance scores in four measurable categories for the CMBL vendors.
    • Track vendor performance for delegated and exempt purchases.
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