Attachment B-Questions and Answers.pdf

Supply and Delivery High-Grade Heating Oil (Diesel)

Attachment B - Questions and Answers

Solicitation # 19J01026R0004

SENSITIVE BUT UNCLASSIFIED

Question (1): Section. 2.2.1. Deliveries are required to official residences within a 15-kilometer radius of the

Embassy. Please provide the approximate number of residential delivery points, their general areas within Amman, and the expected delivery frequency per residence per month, so offerors can accurately plan logistics and price

SubCLIN .2.

Answer: Please refer to Section 1 of the solicitation, “Scope of Work” Subsection 1.1.

The Government does not maintain a fixed number of official residences or a standard delivery frequency per residence. Deliveries will vary based on occupancy, consumption, and operational requirements. All official residences are located within a 15-kilometer radius of the U.S.

Embassy Amman. Specific delivery locations, quantities, and schedules will be identified in delivery orders issued by the Contracting Officer’s Representative (COR) during contract performance.

Question (2): Section. 2.2.1. Who at each official residence is authorized to receive and sign for diesel deliveries? Is the driver required to wait for an authorized Embassy representative before offloading, and what is the typical wait time?

Answer: Please refer to Section 2 (Fuel Delivery Requirements), sub-subsection 2.1.1, which states that “the COR shall be responsible for providing on-site instructions to contractor personnel at the time of delivery,” and that the delivery ticket shall be furnished to the COR at the time of delivery. Accordingly, the COR or a designated Embassy representative will be responsible for receiving and signing for diesel deliveries. The contractor shall follow instructions provided by the COR at the time of delivery, including whether to wait prior to offloading. The solicitation does not specify a standard wait time.

Question (3): Section. 2.2.2. The solicitation permits deliveries Sunday through Saturday. Please confirm whether Friday and Saturday deliveries to residences are expected to be routine or only on an as-needed basis. Does the emergency delivery provision under Section 7 apply to Friday/Saturday, or are those covered under normal delivery hours?

Answer: Please refer to Amendment No. 0002 to the solicitation for revised information regarding this requirement.

Question (4): Section. 2.2.3. Please indicate the expected range of tanker truck sizes (minimum and maximum capacity in liters) required for both the Embassy compound and residential delivery points, noting that some residential locations may have access or maneuverability constraints.

Question (5): Section. 2.2.4 / 2.2.5 / 2.2.6. Please specify the acceptable tolerance between the contractor's fuel meter and the Embassy's designated fuel meter. What is the dispute resolution procedure when the two meters disagree on delivered quantity, and which meter governs the invoiced amount?

Question (6): Section. 5.1. Please specify the exact ASTM or EN standard applicable to High-Grade

Heating Oil (Diesel) under this contract. Please also clarify whether standard diesel or low-sulfur diesel is required.

Question (7): Section. 6.1. Who bears the cost of third-party laboratory fuel inspection reports when requested by the COR? How frequently are such reports expected during a typical contract year?

Question (8): Section. 7.1. Please indicate the approximate annual frequency of emergency deliveries expected, for both the Embassy compound and residential locations, so offerors can factor this into operational planning.

Answer: The requested information is not available.

Question (9): General. Please indicate the approximate storage tank capacity at both the Embassy compound and at residential delivery points, as this affects delivery frequency planning and fleet sizing.

Answer: The requested information is not available.

Question (10): Pricing / SubCLIN. Please confirm whether the Economic Price Adjustment under Section

11 applies only to SubCLIN .1 (fuel cost) and not to SubCLIN .2 (delivery charge), and whether the delivery charge is fixed for the full contract duration. Kindly note that delivery charges will also be affected throughout the full contract duration.

Answer: Please refer to Section 11 “Price Adjustment (Economic Price Adjustment – Fuel)” subsection 11.5.

Question (11): Section. 11 vs. FAR 52.216-2. Section 11 provides for monthly fuel price adjustments tied to the Government of Jordan's official diesel price with no stated cap. FAR 52.216-2 limits aggregate price increases to 10% of the original unit price. Please clarify which provision governs in the event of a conflict.

Answer: The Economic Price Adjustment (EPA) mechanism set forth in Section 11 of the solicitation is specifically tailored to this requirement and reflects the Government of Jordan’s regulated fuel pricing system, which is mandatory and binding on all fuel suppliers. Please refer to the solicitation amendment for removing FAR 52.216-2 from the solicitation and incorporating new language for EPA.

Question (12): General. Is there an incumbent contractor currently performing this diesel supply contract? If so, will there be a formal transition period and will the incoming contractor have access to historical consumption data?

Answer: Yes, there is an incumbent contractor currently performing the services. No transition period will be provided under this contract.

Question (13): General. Please confirm the expected contract start date and base year period of performance.

Answer: the anticipated date is October 27, 2026.

Question (14): FAR 52.229-11 / 52.229-12. If the offeror is a Jordanian company registered in Jordan with no U.S. tax presence, please confirm whether a full exemption from the 2% excise tax under 26

U.S.C. 5000C is available via IRS Form W-14, and what supporting documentation is required to claim it.

Answer: Jordanian company registered in Jordan are not exempted from the 2% tax. The resulted contract from this solicitation is subject to James Zadroga act. Offerors are responsible for completing IRS Form W-14, as applicable, to certify their tax status. The Contracting Officer does not make determinations regarding tax exemption eligibility. Any applicable tax treatment will be administered in accordance with the referenced FAR clauses and IRS guidance.

Question (15): FAR 52.232-33 / SAM. Please confirm the process for a Jordanian company to set up international Electronic Funds Transfer to a Jordanian bank account through SAM, and confirm whether the Embassy's FMO has an established process for processing payments to Jordanian IBAN bank accounts.

Answer: Payment will be made by Electronic Funds Transfer (EFT) in accordance with FAR

52.232-33 and in the contractor’s SAM.gov registration. Jordanian companies may designate a Jordanian bank account with an IBAN for receipt of payments, and by providing accurate banking information to the Embassy Financial Management Office (FMO). The Embassy FMO processes EFT payments in accordance with U.S. Government financial management procedures for vendor bank accounts, including international IBAN-enabled accounts.

Question (16): Page 1, Section 17a. Offeror code and Facility Code please clarify which codes need

DUNES number or something else?

Answer: Please disregard this for now. It will be used later when the Government identifies the winning offeror.

Question (17): Page 9, Section 5.1. Install new fuel pump ....etc the ownership of the equipment will remain for the winning contractor and will be returned to the contractor after the end of the contract period or will stay there?

Answer: Solicitation No. 19J01026R0004 does require pump installation.

Question (18): Page 10, Section 9. Liability for spills, leaks Damage, and pollution, our understanding that the liability transfers at delivery point, which is the time of product passing the filling point to the underground tank, please confirm.

Answer: Please refer to Section 8 “Liability for Spills, Leaks, Damage, and Pollution” subsection

8.1.

Question (19): Page 12, Section 14. General Liability Insurance (Same question above) and please confirm that all insurance policies to be submitted within 10 days after awarding and nothing to be submitted before.

Answer: Please refer to Section 13 (General Liability Insurance) subsection 13.8.

Question (20): High grade heating oil (Diesel) as stated in the solicitation is also known / referred to as

‘Ultra Low Sulphur Heating Oil’ is my understanding Correct?

Answer: Please refer to the Government Response to Question No. 6.

Question (21): CLIN 001, CLIN 1001 to 1005. Under Each CLIN max qty is: 2,400,000 liters. Does it mean overall max total Qty required for this solicitation is 2,400,00 x 6 CLIN = 14,400,000 liters? Is my above understanding of total qty requirement correct? If not, could you pls explain total qty required & term/period of the contract?

Answer: Not correct. Please refer to Section 1 (Scope of Services), page 3, paragraph 5 (Contract

Minimum and Maximum). Additionally, please refer to Section 2 of the solicitation, which incorporates FAR 52.217-8 (Option to Extend Services) and FAR 52.217-9 (Option to Extend the

Term of the Contract).

Question (22): Is the total quantity required at one delivery location at US Embassy Amman?

Answer: No. Please refer FAR 52.216-18 “ORDERING”.

Question (23): I now see in the solicitation that our company has to have an office OR need to setup an office if awarded within 30 days in Jordan in order to participate in this solicitation. Is my understanding correct?

Answer: Please refer to the solicitation, Section 3, sub-subsection A.2. (2).

Question (24): Please note that in Jordan we have three diesel specifications according to the Jordan

Standards and Metrology Organization (JSMO): • Diesel Euro 5 – 10 PPM Sulfur, • Diesel Euro 3 – 350

PPM Sulfur, • Local diesel produced by Jordan Petroleum Refinery Company, exempted by government specification for expansion project purposes – 12,000 PPM Sulfur. In the RFP, the required product was described only as “High Grade Heating Oil (Diesel)” without specifying the sulfur content or diesel grade required, there is a significant difference between the specifications. Accordingly, kindly request your clarification and confirmation of the exact diesel specification required under this tender in order for us to submit our offer accordingly.

Answer: Please refer to the Government Response to Question No. 6.

Question (25): As fuel prices fluctuate constantly, especially now, how do you want us to bid this- just our profit % and leave the fuel price estimate blank?

Answer: Please refer to Section 3 of the solicitation, sub-subsection A.1.

Question (26): Historically I found the previous awards and I was curious historically what the average profit margin % that the government found favorable to win the bids?

Answer: Please refer to the Government Response to Question No. 25.

Question (27): The solicitation requires that any document submitted in Arabic be accompanied by an

English translation. Kindly clarify: a) Is the English translation required to be a certified/attested translation, or is a non-certified translation prepared by the offeror acceptable? b) If attestation or certification is required, by whom must it be performed — a licensed translation office in Jordan, a notary public, or another specific authority?

Answer: In accordance with FAR clause 52.214-34 Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.’ Therefore, it is incumbent upon offerors that any document submitted in any other language than English be translated by a certified translator. Translation services are at the expense of the Offeror.

Question (28): Subcontracting is not permitted. Kindly clarify whether the use of third-party trucks or transportation assets on a rental/hire basis to supplement the prime contractor's own fleet — where the prime contractor retains full operational control, supervision, and responsibility for the delivery — constitutes subcontracting within the meaning of the prohibition, or whether it is permissible as an equipment rental arrangement.

Answer: The contractor must own all the assets and equipment and have the labor force needed to successfully perform the requirements of the contract.

End of Questions and Answers and Attachment B