20200702_RFI_PWS-Final.pdf

Procurement Sensitive

Source Selection Information – See FAR 2.101 and 3.104

Request for Information /Sources Sought Number:

SPE602-20-1003:

Request for Information /Sources Sought Notice for JP8/JPTS Fuel

Transportation Services DLA Energy- FEBF – Worldwide Specialty Fuels Division Defense Logistics Agency Energy, Fort

Belvoir, VA 22060

Synopsis:

A. Purpose of the RFI:

DLA Energy is seeking capability information from interested parties who can meet the requirements as defined in the attached Draft Performance Work Statement (PWS).

DLA Energy invites responsible sources to respond to this RFI that have the capability to meet these requirements as a prime contractor at a fair and reasonable price and have an interest to propose on any subsequent procurement.

The DLA Energy, Worldwide Specialty Fuels Division (DLA Energy -FEBF) requests information concerning the availability of any and all capable contractors to provide transportation services for JP-8 (with required Freeze Point of -68F) and/or Jet Propellant Thermally Stable (JPTS) Aviation Fuel by stainless-steel bulk fuel intermodal tank containers as described in the draft PWS, attached.

Responses to this notice will assist the Government to understand industry interest and capabilities and further refine the requirement to determine the acquisition strategy. An RFI response will not give preference to any company, obligate the Government to release a solicitation, nor will it be used as an offer upon release of any related RFP. Providing a response to this request is not a prerequisite to submit offers on future RFPs.

B. Proposed Contract Structure:

1. The anticipated period of performance is one (1) 12-month base period with four (4) 12- month option periods.

2. The anticipated contract type is Firm Fixed Price, Requirements type contract.

3. Task Orders (TO) placed against the potential contract are for the transportation services for JPTS/JP8 (service) via Tanker and Barge (mode).

The potential performance period for the base year for services is the award date through December 31, 2021. The delivery period for services is January 01, 2021 through December 31, 2021. The performance and delivery period for Option year One for services is January 01, 2022 through December 31, 2022. The performance and delivery period for Option year Two for services is January 01, 2023 through December 31, 2023. The performance and delivery period for Option year Three for services is January 01, 2024 through December 31, 2024. The performance and delivery period for Option year Four for services is January 01, 2025 through December 31, 2025.

C. Your Firm’s Response:

DLA Energy -FEBF encourages all interested companies to submit capabilities statements, tailored to the requirement, not to exceed ten pages.

Questions, comments and suggestions are encouraged for submission with no page limitation.

Please provide a capability statement response that addresses your firm’s technical knowledge, capabilities and experience with providing services as detailed in the PWS. DLA Energy requests that respondents provide responses in the suggested format and address the following:

1. Cover Page to include:

a. Company name, address, point of contact name, title, email, CAGE

Code, and date.

b. Brief description of firm including the year the firm was established, number of employees, and SAM registration Business Size classification.

2. Relevant Past Performance and/or Experience:

a. Provide a capabilities statement specifically detailing your firm’s experience and qualifications related to the scope of the PWS.

b. Provide a performance history of 1-3 projects of similar scope, completed within the last five years.

3. Questions:

a. Is there any additional information needed that may be helpful in understanding this requirement?

b. Are there any aspects of this requirement that prevent your company from submitting a proposal?

c. Is your firm interested in providing transportation services for JP8 and/or JPTS to DLA Energy? If so, please provide the total annual and/or monthly volume the company could potentially transport. Please also list any available fuel storage capabilities that your firm owns or leases in the regions specified.

d. Has your firm ever provided fuel transportation services to the Government? If so, what was the fuel type(s) and the monthly and/or annual capacity (USG)?

e. If interested in providing transportation services for JP8/JPTS to DLA Energy, are there any concerns/obstacles relating to supply chain capabilities that would preclude your firm from submitting an offer against a future transportation services solicitation if/when issued? Please explain in detail.

f. This requirement calls for contractor-owned ISO containers for transportation of the fuel. Please confirm that your company either has in its possession now or can obtain these containers successfully to begin the period of performance on time.

Please specify the total capacity that it can support on a monthly or annual basis.

4. Response format:

a. All responses must be in PDF format and shall contain no cost or pricing information.

b. Response files shall not exceed 10MB.

D. Submissions will be accepted via email only to all three email addresses ‘heather.m.thomas@dla.mil’, ‘bryan.simmons@dla.mil’, and ‘rhoda.pompey@dla.mil’.

E. Responses requested no later than Monday, July 13, 2020 by 3:00PM EST.

F. The draft PWS describes only the scope of services currently contemplated and may vary from the scope in a final PWS included in any subsequent RFP. All information received in response to this RFI marked “Proprietary” will be protected and handled accordingly. Respondents are responsible for clearly marking proprietary or competition sensitive information contained in their response. RFI submissions will not be returned. Any expense associated with responding to this RFI, is the sole responsibility of the respondent.

DLA Energy representatives may elect to make further contact with all industry experts that choose to contribute to this request for information. Such discussions are only be intended to get further clarification of potential capability to meet the requirements, especially when it may concern any potential quality risks.

G. NAICS Code: 484230

H. NAICS Reference: Specialized Freight (except Used Goods) Trucking, Long-Distance

Primary Point of Contact: Heather M. Thomas, Contract Specialist Contracting Office Address:

8725 John J. Kingman Road Fort Belvoir, Virginia 22060-6222 United States

Attachment 1: Performance Work Statement (PWS) Draft is embedded into this PDF Document

PERFORMANCE WORK STATEMENT

(PWS)

July 1, 2020

1. BACKGROUND

1.1 CONTRACT REQUIREMENT

1.1.1 CONTRACT PERFORMANCE

1.1.2 CUSTODY OF PETROLEUM PRODUCT

1.1.2.1 TANK CAR SHIPMENTS

1.1.2.2 TRANSPORT TANK SHIPMENTS

1.1.2.3 TRANSPORT TRUCK RECEIPTS

1.1.3 CUSTODY OF PETROLEUM PRODUCTS

1.1.3.1 TANK CAR RECEIPTS

1.1.3.2 TRANSPORT TANK RECEIPTS

1.1.3.3 TRANSPORT TRUCK SHIPMENTS

1.2 DOCUMENTATION REQUIREMENTS

2. PERFORMANCE REQUIREMENTS

2.1 CONTRACT PERIOD OF PERFORMANCE

2.2 PLACE OF PERFORMANCE

2.2.1 ORIGIN LOADING DEPOT

2.2.2 DESTINATION DISCHARGE FACILITY

2.3 HOURS OF OPERATION

2.4 PERFORMANCE OBJECTIVE REQUIREMENTS

2.5 PERFORMANCE SERVICES REQUIREMENTS

2.5.1 TRANSPORTATION SERVICES, CONTAINER REQUIREMENTS

AND TRUCK REQUIREMENTS

2.5.1.1 CONTAINER REQUIREMENTS

2.5.1.2. TRUCK REQUIREMENTS

2.5.2 CLEANING REQUIREMENTS

2.5.3 DELIVERY REQUIREMENTS

2.5.3.1 COORDINATION

2.5.3.2 WAIT TIME

2.5.3.3 SCHEDULE

2.5.4 PERSONNEL QUALIFICATIONS

2.5.5 SECURITY, SAFETY, AND ENVIRONMENTAL REQUIREMENTS

2.5.6 GENERAL RESPONSIBILITIES OF THE CONTRACTOR

2.6 DESCRIPTION OF LINE ITEMS

2.7 RESPONSIBLITIES

2.7.1 CONTRACTOR RESPONSIBILITIES

2.7.2 GOVERNMENT RESPONSIBILITIES

2.7.2.1 CARGO ROUTING

2.7.2.2 ORDER SERVICES

2.7.2.3 CONTACT INFORMATION

2.7.2.4 ACKNOWLEDGE RECEIPT

2.7.2.5 AUTHOIZE ACCESS

2.7.2.6 SUPPLY REQUIRED FORMS

2.7.2.7 INSPECT AND ACCEPT EQUIPMENT

2.8 CONTRACTOR FURNISHED EQUIPMENT

2.9 REIMBURSABLE EXPENSES TO THE CONTRACTOR

2.10 INSURANCE REQUIREMENTS

3. CONTRACT ADMINISTRATION & PROCEDURES

3.1 TECHNICAL DIRECTION

3.2 ORDER PLACEMENT

3.2.1 FREQUENCY

3.2.2 ORDER PROCESS

3.2.3 CANCELLATION

3.3 TASK ORDER

3.4 COMMUNICATIONS

3.5 VISITS

3.6 GOVERNMENT POINTS OF CONTACT

4. QUALITY ASSURANCE

4.1 QUALITY ASSURANCE REPRESENTATIVE

4.2 QUALITY REQUIREMENTS

4.3 QUALITY DISCREPANCIES

4.4 QUANTITY ASSURANCE PROCESS

4.5 QUANTITY REQUIREMENTS

5. DELIVERABLES

5.1 CONTRACTOR PLANS

5.1.1 CONTRACT COMPLIANCE PLAN (CCP)

5.1.2 PRODUCT QUALITY CONTROL PLAN (QCP)

5.1.3 SITUATION REPORT (SITREP)

5.2 TANK REPORT

5.3 EVENT REPORT

5.4 FUEL LOSS REPORT

5.5 ACCIDENT REPORT

5.6 DRIVER REPORT

5.7 DAMAGE AND LOSS REPORTS

5.8 DELIVERABLES TABLE

5.9 PERFORMANCE SERVICE DELIVERY SUMMARY (SDS)

Performance Work Statement

JP-8 (with required Freeze Point of -68°F) and JPTS Bulk Fuel Container Transportation

GENERAL: This is a non-personnel services contract to provide transportation and related services of fuels by contractor owned bulk fuel intermodal tank containers. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.0 BACKGROUND

1.1 Contract Requirement. DLA Energy-FENB has a requirement to transport fuels by bulk fuel intermodal tank containers with or without baffles for delivery into designated U.S. storage tanks, bladders, tank trucks, or tank containers that are permanent or temporary. JP-8 (with required Freezing Point of -68°F) shall be transported from Naval Supply Systems Command (NAVSUP) Fleet Logistics Command (FLC) Moron Air Base, Spain for discharge at Al Dhafra Air Base, United Arab Emirates (UAE); Jet Propellant Thermally Stable (JPTS) Aviation Fuel shall be transported from Nustar Terminals Partners, Texas City TX (USA) for discharge at Al Dhafra Air Base, UAE. Required services shall be performed in accordance with best commercial practices.

1.1.1 Contract Performance. The contractor shall provide all bulk fuel intermodal tank containers, labor, tools, parts, materials, HAZMAT placards, couplers, connectors, adapters (as needed), and transportation assets necessary to provide transport service from origin to destination.

1.1.1.1 Contractor shall weigh containers at origin after loading and at destination prior to delivery.

1.1.1.2 The contractor’s transportation services shall be provided on a door to port (from Spain or Texas City, TX to origin port) and port to door (from designated port in UAE to Al Dhafra Air Base) basis. Ocean vessel bookings will be arranged by DLA Energy via Surface and Deployment Distribution Command (SDDC).

1.1.1.3 The contractor shall obtain International Maritime Organization (IMO) declaration/clearance or IMO Port Entry Approval (DD Form2890) from local port authorities to deliver HAZMAT to the Port of Embarkation (POE) and shall coordinate and verify Customs clearances when and where applicable. Contractor shall provide Container Safety Certification (CSC) information and acquire Container Packing Certificate (CPC) (DD-2781) as necessary.

1.1.2 Custody of Petroleum Product Shipments: Custody of petroleum products and risk of loss thereof shall pass to the Contractor as follows:

1.1.2.1 Tank Car Shipments: When the loaded tank is picked up by the contractor.

1.1.2.2 Transport Tank Shipments: When the loaded transport tank is released for shipment.

1.1.3.3 Transport Tank Shipments: When the loaded transport tank is released to the port of embarkation for onward movement.

1.1.3 Custody of Petroleum Product Receipts: Custody of petroleum products and risk of loss thereof shall pass from the Contractor as follows:

1.1.3.1 Tank Car Receipts: When the tank car comes to rest on the Government-furnished Contractor-operated siding.

1.1.3.2 Transport Tank Receipts: When the product passes from the transport tank discharge hoses into the Government-furnished Contractor-operated receiving facilities whether it be a storage tank, line, or any other type of receiving equipment.

1.1.3.3 Transport Truck Receipts: When the loaded transport truck is released for shipment by the Contractor.

1.2 Documentation Requirements.

1.2.1 The contractor is required to provide the documents in section 2.4.2. Personnel Qualification to base/host nation security office not later than seven (7) calendar days prior to the scheduled delivery. The U.S. Government will not pay demurrage costs on containers in which the contractor's representatives failed to provide documentation to base/host nation security office within the seven (7) calendar day notice. Base/host nation security office is open daily/24 hours.

1.2.2 The contractor shall provide all customs clearances to the Port Authority at time of container delivery. The contractor shall provide and attach HAZMAT labeling and placarding at time of loading for containers in Spain (SP), USA, and as needed in United Arab Emirates (UAE). U.S. Government performs exportation customs clearance in pain under Status of Forces Agreement (SOFA).

1.2.3 The contractor shall provide the Contracting Officer (KO) a copy of company business license prior to start of contract.

2.0 PERFORMANCE REQUIREMENTS

2.1 Contract Period of Performance. The contract performance period shall be for a period of one (1) base year with four (1) one-year options. If an option period is exercised, it will be exercised via contract modification (Standard Form 30) of the existing contract in accordance with FAR 52.217-9.

Base period: 1 January 2021 – 31 December 2021 Option Period 1: 1 January 2022 – 30 December 2022 Option Period 2: 1 January 2023 – 30 December 2023 Option Period 3: 1 January 2024 – 30 December 2024 Option Period 4: 1 January 2025 – 30 December 2025

2.2 Place of Performance.

2.2.1 Origin Loading Depot: DLA Energy -EU Quality Assurance Representative (QAR) or other U.S. Government appointed representative will act as the U.S. representative for containers ordered by DLA-Energy in Europe. A DLA Energy Europe and Africa QAR or other U.S.

Government appointed representative will witness/oversee the loading procedures at origin.

Product is being shipped from Defense Fuel Support Point (DFSP) to DFSP.

Base Aerea De Moron Carretera Moron-Sevilla Moron De La Frontera, 41530 +34 646 028 195

And/or

Nustar Terminals Partners TX L.P 201 Dock Rd Texas City, TX 77590-0000

(210) 918-3801

2.2.2 Destination Discharge Facility: U.S. Air Force representative will act as the point of contact for the containers discharged in the Middle East. A DLA Energy Middle East or other U.S. Government appointed representative will witness the unloading procedures both at the port when the container is disembarked and at discharge at final destination. Note: Port of Debarkation (POD) is within a secure area that is not accessible to Middle East QAR. Access is only possible once the container leaves the bonded area for transport to final destination.

Al Dhafra Air Base United Arab Emirates Attention: Fuels Manager/Fuels Superintendent Telephone: 971-50-641-0796

DSN: 314-247-4207

2.2.3 Contingency Discharge Locations: South Korea and Japan (Areas of Operation) More details to be provided at a later date.

2.3 Hours of Operations.

2.3.1 Origin, Moron Air Base, Spain: Normal loading hours are from 0800 – 1600, Monday – Friday, excluding federal holidays. Contractor shall confirm hours of operation with DLA representative or other U.S. Government appointed representative for the respective area of responsibility. The contractor shall ensure timely scheduling of trucks at origin (Moron AB, Spain) depot to complete loading within the normal hours of the facility.

2.3.2 Origin, Texas City, TX: The loading days at Nustar Terminals Partners are 24 hours/7 days a week; however, the Contractor must schedule and confirm hours of operation utilizing the contact information provided in section 2.2.1.

2.3.3 Destination, Al Dhafra, UAE: Normal discharge hours are between 0800 and 1900 hours local time (GMT+ 3). Delivery days at Al Dhafra, UAE are Saturday-Wednesday. (Thursday and Friday is the host country weekend - Port is closed.) Contractor shall confirm hours of operation with DLA representative or other U.S. Government appointed representative for the respective area of responsibility. During Ramadan and extreme heat conditions, hours of operation may be adjusted based on host-nation and U.S. government guidance.

2.3.3.1 Full containers cannot move through the destination city (Al Dhafra, UAE) prior to 0900 hours local time. Contractor shall confirm hours of operation with DLA representative or other U.S. Government appointed representative for applicable local regulatory bodies, laws, and regulations.

2.4 Performance Objectives Requirements:

Task 1- Transportation Services, Container Requirements and Truck Requirements Task 2- Cleaning Requirements Task 3- Delivery Requirements Task 4- Personnel Qualifications Requirements Task 5- Security, Safety, and Environmental Requirements Task 6- General Responsibilities of the Contractor

2.5 Performance Services Requirements

2.5.1 Task 1- Transportation Services, Container Requirements and Truck Requirements

The contractor shall furnish transportation for bulk fuel intermodal tank containers to/from various locations identified in section 2.2 Place of Performance. The contractor shall provide contractor owned bulk fuel intermodal tank containers to meet the required ordering capacity in section 3.0 Order Placement to transport Government own JP-8 and JPTS fuels. The contractor shall furnish the necessary chassis, vehicles and loading/unloading equipment necessary to facilitate the indicated transportation movements.

2.5.2 Task -2 Cleaning Requirements. The contractors shall ensure containers are suitable to load intended product IAW with Attachment A DLA Energy (DLAE) Conversion chart for tank trucks (TT) tank cars (TC), tank wagons (TW), tank & trailer (TRR), and intermodal containers (IMC) prior to departure from contractor's facility and that drivers present a cleaning certificate to U.S.

designated representative prior to loading.

2.5.1 Cleaning certificate shall annotate previous cargo. (See Attachment A DLA Energy (DLAE) Conversion chart for tank trucks (TT) tank cars (TC), tank wagons (TW), tank & trailer (TRR), and intermodal containers (IMC) for specific cleaning requirements).

2.5.2 Containers deemed unsuitable to load by the U.S. Government representative will be refused. The contractor shall be liable for all costs associated with providing a container that is not suitable to load the intended product. The U.S. Government will not pay demurrage or cancellation charges for containers that are refused.

2.5.3 Task-3 Delivery Requirements.

2.5.3.1 Coordination. All deliveries must be coordinated with the Fuels Manager/Fuels Superintendent at Al Dhafra Air Base. Containers will be staged at the port of Abu Dhabi until DLA Energy -Middle East personnel or DLA Energy -Middle East designee order the delivery of the containers to Al Dhafra Air Base for discharge into storage tanks located on the base.

2.5.3.2 Wait Time. Loading operations and off-loading operations will both be an average of five hours and will require the contractor to remain with the equipment until completion.

2.5.3.3 Schedule. Unless otherwise specified in the Schedule, all deliveries shall be made within the specified period of time after receiving an order. If a contractor fails to make a delivery within the time specified in the delivery order, the Contracting Officer has the right to terminate the delivery order, in part or in its entirety, and re-issue a new order to a different contractor with the U.S. Government being reimbursed for any resulting, excess re-procurement costs.

2.5.3.4 Residue Fuel. Contractor shall report residual fuel in the ISO containers to the COR for disposition instructions. If required, the contractor shall dispose of residual fuel.

2.5.4 Task-4 Personnel Qualifications. The contractor shall ensure that personnel assigned to all tasks have the requisite knowledge and skills to meet minimum performance requirements as specified below and comply with all applicable local regulatory bodies, laws, and regulations.

2.5.4.1 Contractor personnel shall be able to read and understand English to the extent of reading and understanding printed regulations, detailed written orders and operating procedures, training instructions and materials.

2.5.4.2 The contractor shall ensure all truck drivers have a valid driver’s license, passport, Visa, and vehicle registration for the applicable state/country.

2.5.4.3 Labor employed by the contractor must have valid driving permits and be knowledgeable of and abide by laws/rules pertaining to the transport of flammable liquids, including the associated labeling and placarding of HAZMAT.

2.5.4.4 The contractor shall provide all necessary services and supplies to include equipment and life support for all drivers. These services and supplies will not be provided by the U.S.

Government.

2.5.5 Task-5 Security, Safety, and Environmental Requirements. The contractor personnel shall comply with the following requirements in the execution of their assigned duties.

2.55.1 Regulatory Compliance. In performing the work under this contract, the Contractor shall abide by and comply, with applicable statutes, ordinances, laws, codes and regulations of all countries involved in the execution of this requirement such as, but not limited to, Safety, Environmental, Labor, Hour and Wage, Workers Compensation and Occupational Health.

2.5.5.2 The contractor drivers shall comply with written or verbal direction received from an authorized U.S. Government Representative in regards to applicable U.S. Government security procedures.

2.5.5.3 The contractor shall comply with all applicable country’s laws and regulations regarding the identification and marking, placarding, transportation, use, storage, and disposal of hazardous materials.

2.5.5.4 The Contractor shall, without additional expense to the Government, be responsible for obtaining any and all required licenses, permits and the like, required for the performance of this contract.

2.5.5.5 The Contractor hereby indemnifies and holds harmless the Government from any and all claims of any type arising out of or in connection with the requirements of this clause.

This indemnity shall include the obligation of the Contractor to handle and settle without cost to the Government any claims or litigation against the Government based on the allegation that the Contractor or the Government or both have not fully complied with local labor laws or regulations relating to the performance of the services required by this contract.

2.5.5.6 Safety and Health of Personnel. The Contractor is responsible for ensuring that proper safety and health precautions are taken to protect personnel, the general public, and property of others. All services shall be performed by individuals fully qualified and licensed in their relevant area. The Contractor will ensure that subcontractors comply with these requirements.

2.5.5.6 Drivers are prohibited from carrying weapons while performing tasks associated with this contract.

2.5.5.7 The U.S. Government will not provide security escort for trucks transporting fuel product.

2.5.5.8 Contractor shall keep tanks for delivery secured in a single location until they move to the final destination.

2.5.5.9 Death or Injury to Personnel. In all instances where contractor’s employees are absent due to injury or death or for purposes of receiving medical attention due to an injury during or arising from performance under this contract, the contractor shall submit a full written report of the facts and the extent of such injury to the Contracting Officer's Representative (COR) within 24 hours following the occurrence of such injury or death. In addition, the contractor shall submit to the COR a written accident report of each and every accident occurring to the contractor’s employees within 24 hours after the occurrence. If an investigation of the accident is conducted, the contractor shall assist the investigator in securing statements from its employees and shall make pertinent records available to the investigator and to the COR. In addition, the Contractor shall cooperate in the reporting and investigation of any environmental or health incident connected with the services provided under this contract.

2.5.6 Task 6- General Responsibilities of the Contractor

2.5.6.1 Contractor Furnished Equipment and Crew: The contractor shall furnish all supplies, materials, equipment, and personnel necessary to perform the services under the award of this contract.

2.5.6.2 Maintain, Position, and Operate Equipment: The contractor shall maintain, clean, repair, position and operate contractor furnished equipment to ensure its performance under the contract, including providing fuel to operate necessary equipment.

2.5.6.3 Costs and Expenses: The contractor shall pay all associated costs and expenses except those outlined in paragraph 2.11of the PWS, Reimbursable Expenses.

2.5.6.4 Liability for Fuel Spills. The contractor shall take all measures required by law and best business practice to prevent fuel spills (including, but not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping into or onto any land or water). In the event that the contractor's failure to take such measures results in a fuel spill, the contractor shall be liable for the costs of spill containment, cleanup, and disposal. In addition, the contractor shall reimburse the Government for any resulting fines or penalties.

2.6 DESCRIPTION OF LINE ITEMS: The performance service requirements indicated in section 2.7 of the PWS are grouped under the below line items. The Contractor’s offered price (which will be reflected in any resultant contract) will be based on the work indicated under the line item and any stipulations indicated (i.e. transportation costs for assets to the Contractor’s facility to perform work should be included in this line item, or Contractor-provided equipment). The information below is provided to clarify any confusion in what requirements are ordered by workload assignment and how they are required to be invoiced by the Contractor when submitting its invoice in Wide Area Workflow

(WAWF).

Line Item 0001: Intermodal Container Transport (Low Freeze JP8) from origin, Moron, Spain to destination, Al Dhafra, UAE.

This line item is for transportation of contractor owned bulk fuel intermodal tank containers from Moron Air Base, Spain to Al Dhafra, UAE. The Firm Fixed Price for Line Item 0001 shall be priced on a per container basis and shall include all Contractor furnishing equipment to transport contractor-owned containers, and equipment to load/unload containers.

Line Item 0002: Intermodal Container Transport (JPTS) from origin, Texas City, TX to destination, Al Dhafra, UAE.

This line item is for transportation of contractor owned bulk fuel intermodal tank containers from Texas City, Texas to Al Dhafra, UAE. The Firm Fixed Price for Line Item 0002 shall be priced on a per container basis and shall include all Contractor furnishing equipment to transport contractor-owned containers, and equipment to load/unload containers.

Line Item 0003: Contingency Operations: Intermodal Container Transport (JPTS or JP-8) from origin, Texas City, TX to varying possible locations identified in section 2.2.

This line item is for transportation of contractor owned bulk fuel intermodal tank containers from Texas City, TX to varying possible locations identified in section 2.2.3. Contingency Operations may require delivery to one or more location on a varying basis. The Firm Fixed Price for Line Item 0003 shall be priced on a per container basis. The price shall include an all-inclusive rate to transport from origin to origin port and destination port to destination of any of the varying locations in section 2.2.3 and all Contractor furnished equipment to transport contractor-owned containers, and equipment to load/unload containers. Ocean vessel bookings will be arranged by DLA Energy via Surface and Deployment Distribution Command (SDDC).

Note: If during the course of performance the Government establishes a more regular and recurring delivery schedule to any of the identified locations in section 2.2, the government will add an additional Line Item to the contract via modification.

Line Item 0004: Container Port Storage Fee This line item is for Storage fees are for containers that remain at destination port longer than the free time allotted by that respective port. The Firm Fixed Price for Line Item 0004Storage fees shall be invoiced monthly for the previous month’s storage total. fees. The Firm Fixed Price for Line Item 0004 shall include all Contractor furnishing equipment to transport contractor-owned containers, and equipment to load/unload containers.

Line Item 0005: Container Demurrage This line item is for Demurrage for days containers are held beyond the 45 days free time beginning at load date. The U.S. Government is entitled to XX45 days free time beginning at load date. The Contractor is entitled to Demurrage for any days held beyond the free time. The Firm Fixed Price for Line Item 0005 will be invoiced on a per day rate monthly. The Firm Fixed Price for Line Item 0005 shall include all Contractor furnishing equipment to transport contractor-owned containers, and equipment to load/unload containers.

Line Item 0006: Container Cancellation Fee: This line item is for any order cancelled within the 24 hour period for which the contractor has already commenced movement operations (including the dispatch of tanks/containers from the contractor's facilities or the loading of the tanks/containers with fuel), the contractor is entitled to a cancellation fee. If an order is cancelled at least 24 hours prior to the commencement of movement operations (including the dispatch of tanks/containers from the contractor's facilities or the loading of the tanks/containers with fuel), the U.S. Government shall not be liable for any charges. The Firm Fixed Price for Line Item 0006 shall price on a per container basis and shall include all Contractor furnishing equipment to transport contractor-owned containers, and equipment to load/unload containers.

Line Item 0007: Fuel Residue Disposal: This Line Item covers the expense associated with the cleaning and removal of any excess or left overall fuel that was associated with the pervious load. In accordance with section 2.5.3.42.6.3.4. The Firm Fixed Price for Line Item 0007 shall be invoiced on a per container basis monthly for the previous month’s disposal total.

2.7 Responsibilities: The Government and the contractor will operate as a team to ensure standards, as established in CFR 49 and Appendix XX and XXX are met and maintained in the performance of the contract.

2.7.1 Contractor Responsibilities:

In addition to what has been described above in Task 1-6. The contractor shall maintain and operate all equipment in accordance with applicable U.S. Department of Transportation (DOT), federal, state, host nation laws, and military regulations, including applicable regulations of the Commander, DLA Energy. Compliance with the following regulation is mandatory:

DOD 4500.9R, Defense Transportation Regulation (DTR), March 2020. Note: DOD 4500.9-R can be accessed through the following web site, www.transcom.mil. Follow the link to Defense Transportation Regulations. If you have any questions or need assistance in obtaining access to the link, contact DLA Energy-FENBA at (571) 767- 9298.

2.7.2 Government Responsibilities:

DLA Energy - Supply Planner Responsibilities: The DLA Energy - Supply Planner or the COR will perform the following duties. The contractor will be provided the name and contact information for the DLA Energy - Supply Planner Manager at time of award.

2.7.2.1 Cargo Routing. Issue cargo routing instructions to shippers.

2.7.2.2 Order Services. Order all loading and unloading services and schedule all movements.

2.7.2.3 Contact Information. Furnish the Contractor with the names and appropriate telephone numbers, of persons designated as the Government’s ordering, inspecting, and receiving representatives upon award of the contract.

2.7.2.4 Acknowledge Receipt. Acknowledgement of receipt shall be completion of the DD- 250-1, or iRAPT (WAWF) Energy Receiving Report (ERR)

2.7.2.5 Authorize Access. Arrange for an authorized representative of the contractor to have access to all facilities to load and discharge containers as necessary.

2.7.2.6 Supply Required Forms. Supply the contractor with all forms that the contractor is required to file with the Defense Logistics Agency Energy Middle East Region, or the COR.

2.7.2.7 Inspect and Accept Equipment. The Government may conduct pre-award and/or pre-service inspections of contractor equipment.

2.8 Contractor Furnished Equipment: The contractor shall furnish all supplies, materials, and equipment necessary to perform the services contract under the award of this contract. The Contractor shall own the equipment performing the transportation service or the contractor shall have the equipment under long-term lease for the duration of the contract period.

2.9 Insurance Requirements:

Cargo Insurance: The Contractor shall provide cargo insurance, at its own expense, as required by law, at least equal to the value of the cargo transported.

Liability, Pollution and Environmental Insurance: Contractor shall provide at its own expense, the appropriate amount of insurance as required by law.

Policy Notification: The contractor shall provide copies of cargo, public liability, and pollution liability insurance certificates at time of proposal and each time there is a change in coverage or policy renewal prior to and after contract award.

Written Notice: The contractor shall furnish a written notice to the KO, 30 days in advance of the effective date of any reduction in, or cancellation of the cargo, public liability, or pollution liability insurance policies.

3.0 CONTRACT ADMINISTRATION & PROCEDURES

3.1 Technical Direction

Performance of the work under this contract shall be subject to the technical direction of the COR. The term "technical direction" is defined to include, without limitation:

Directions to the contractor which fill in details or otherwise serve to accomplish the PWS.

Provision of written information to the contractor which assists in the interpretation of drawings, specifications or technical portions of the work description.

Review and, where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the contractor to the Government under the contract.

Technical direction must be within the scope of work stated in the contract. All technical directions shall be issued in writing by the KO or COR. The Contractor acknowledges that the COR does not have the authority to, and may not, issue any technical direction which:

Constitutes an assignment of additional or extra work outside the PWS.

Interferes with the contractor’s right to perform the terms and conditions of the contract.

The contractor shall proceed promptly with the performance of technical directions duly issued by the KO or COR in the manner prescribed by this article and within the KO or COR’s authority under the provisions of this clause. If, in the opinion of the contractor, any instruction or direction aligns with the aforementioned, the contractor shall not proceed but shall notify the KO in writing immediately after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the contractor, the Contracting Officer shall:

Advise the contractor in writing that the technical direction is within the scope of the contract effort and does not constitute a change under the "Changes" clause of the contract.

Advise the contractor that the Government will issue a written change order. A failure of the contractor and Contracting Officer to agree that the technical direction is within the scope of the Contract, or a failure to agree upon the Contract action to be taken with respect thereto, shall be subject to the provisions of the clause entitled "Disputes - Alternate I" of the Task Order.

3.2 Order Placement

3.2.1 Frequency.

3.2.1.1 Estimated frequencies of lifts from Nustar Terminals Partners, Texas City, TX to Al Dhafra AB are six (6) to twelve (12) containers every two weeks but no more than 30 containers per month.

3.2.1.2 Estimated frequencies of lifts from Moron AB, Spain to Al Dhafra AB are up to 72 containers per year.

3.2.1.3 A weekly report will be provided each Friday that forecast future requirements.

3.2.2 Order Process. A single task order will be generated for each period of performance year of the contract and individual Workload Assignments will be assigned by the COR for each service being requested by the Government. Invoices that are submitted by the contractor will include the existing contract number, task order number, and Contract Line Item Number

(CLIN).

3.2.2.1 DLA-Energy FENB or its written designee shall act as the sole U.S. Government representative to order tank intermodal containers under this contract.

Defense Logistics Agency – Energy 8725 John J. Kingman Road, Suite 2954 Fort Belvoir, VA 22060-2954 Telephone: (571) 767-9289

3.2.2.2 The U.S. Government shall provide notice of order for empty tanks/containers at least 10 days in advance of the load date on which delivery of tanks/containers to the loading point is to be made.

3.2.3 Cancellation. If an order is cancelled at least 24 hours prior to the commencement of movement operations (including the dispatch of tanks/containers from the contractor's facilities or the loading of the tanks/containers with fuel), the U.S. Government shall not be liable for any charges. Any order cancelled within the 24 hour period for which the contractor has already commenced movement operations (including the dispatch of tanks/containers from the contractor's facilities or the loading of the tanks/containers with fuel), the contractor is entitled to a cancellation fee.

3.3 Task Order: A single task order will be generated for the total quantity of requirements for the current period of performance at the beginning of that period of performance of the contract for the line items listed in section 1.1. The Contractor will submit an invoice for the Workload Assignments against the Task Order and the total value of the Workload Assignments in aggregate shall not exceed the total value of the Task Order for each line item for that performance period of the contract.

3.4 Communications: The Contractor will contact the Contracting Officer Representative (COR) in regards to Work Load Assignments or potential work to be performed that is not covered in the terms of the contract. If there is a question/clarification or interpretation of terms stated in the contract or in requirements/wording within the PWS, the Contractor is required to contact the Contract Specialists and the Contracting Officer administering the contract. For any proposed changes in contract terms or modifications to the contract, the Contractor is required to contact the Contract Specialist and the Contracting Officer administering the contract. As the only individual authorized by Congress to bind the U.S. Government in contractual obligation, the Contracting Officer is the final decision authority for all proposed changes, modifications, interpretations of the contract terms, PWS, and requested work to be performed unless specific duties have been delegated to other positions (i.e. placement of orders by the Supply Planner or COR with the Contractor for work that is within the terms and scope of the contract).

3.5 Visits: Government personnel, including but not limited to the COR, QAR, and Government Representative may make announced periodic visits to the contractor's facilities to observe daily operations. Announced visits will follow a 1-day prior notice to the contractor. During these visits, the contractor shall provide knowledgeable personnel to tour and inspect the areas. The KO and/or his representative will make periodic inspections.

3.6 Government Points of Contact: The following individuals serve as the points of contact for the duration of the contract:

Contracting Officer Representative (COR) Levon Brown Defense Logistics Agency Energy –FENB 8725 John J. Kingman Road, Room 2954 Ft. Belvoir, VA 22060-6222 Telephone: (571)767-9276 Levon.Brown@dla.mil

Contract Specialist Primary Point of Contact Heather M. Thomas Bulk Petroleum Products Business Unit (FEBE) DLA Energy Heather.M.Thomas@dla.mil Phone: 571-767-9124

Secondary Point of Contact:

Rhoda Pompey Bulk Petroleum Products Business Unit (FEBF) DLA Energy Rhoda.Pompey@dla.mil Phone: 571-767-9129

Contracting Officer (KO):

Bryan O. Simmons Bulk Petroleum Products Business Unit (FEBF) DLA Energy Bryan.Simmons@dla.mil Phone: 571-767-8531

4.0 QUALITY ASSURANCE

4.1 Quality Assurance Representative. DLA Energy -Middle East shall act as the U.S. representative in United Arab Emirates. DLA Energy -Middle East may designate other agencies to perform quality surveillance and receipt duties at destination.

DLA Energy Middle East Quality PSC 851 Box 180, FPO AE 09834 Telephone: +973-1785-6493 DESC-ME.Quality@dla.mil

4.2 Quality Requirements. The contractor shall be responsible for the quality of product after loading and while in the contractor’s possession in accordance with the associated specification. U.S.

Government representatives may conduct inspections of tanks/containers at origin and/or at destination to ensure fuel quality standards are met. The contractor bears the responsibility of fuel that is mailto:Levon.Brown@dla.mil mailto:Heather.M.Thomas@dla.mil mailto:Rhoda.Pompey@dla.mil mailto:Bryan.Simmons@dla.mil mailto:DESC-ME.Quality@dla.mil contaminated or delivered off-specification while in the contractor’s possession. The contractor will not take any samples or break any seals without a DLA Energy-ME or U.S. Government designated representative being present or without their prior approval. The contractor shall be liable for the contents and the tanks/containers as long as the inspection was carried out and the seals were placed prior to placing the tanks/containers onboard vessel. If the U.S. Government determines the tanks/containers have been tampered with while out of the Contractor’s possession, DLA Energy and Military Sealift Command (MSC) will address the issue with the assigned respective vessel operator and relieve the Contractor of any liability. If during the investigation, there is no wrongdoing found on the part of the vessel operator or its agents, the Contractor may be held responsible.

4.3 Quality Discrepancies: Quality discrepancies shall be investigated and reported through appropriate command channel and Service Control Point (SCP) to DLA Energy-Quality/Technical Directorate (Quality Operations Division(AQ)). Details of the quality discrepancy shall be submitted to DLA Energy-AQ IAW Product Quality Deficiency Report (PQDR) instructions at the DLA Energy Web Page available using the below hyperlink.

4.3.1 Product Quality Deficiency Reports containing all of the required information shall be transmitted to the following e-mail addresses: DESC.QAoffice@dla.mil and the DLA Energy- Middle East Quality Manager. Additionally, the Standard Form 368 (PQDR) form is available in PDF format for electronic submission via the following DLA Energy Web Page hyperlink:

https://www.dla.mil/HQ/InformationOperations/DLMS/elibrary/manuals/forms/

Note: Take digital photos if possible and include these photos in the PQDR Submission package.

4.4 Quality Assurance Processes. The U.S. Government shall:

4.4.1 Provide numbered seals at origin.

4.4.2 Provide adapters at loading and discharge points from single point receptacle to a 3 ½” inch fitting.

4.4.3 Perform quantity determination in accordance with DoDM 4140.25. All quantities will be corrected to US Gallons @ 60 degrees Fahrenheit. ASTM D-1250, Volume VIII, Tables 5B/6B for API @ 60 degrees Fahrenheit or Volume VIII, Tables 53B/54B for density @ 15 degrees Celsius will be used for API or density/volume correction factors. Where the volume is in cubic meters use the current ASTM D1250, Volume XII, Table 52, to convert cubic meters @ 15 degrees Celsius to barrels at 60 degrees Fahrenheit then multiply barrels @ 60 degrees Fahrenheit by 42 to get US Gallons @ 60 degrees Fahrenheit. Convert liters @ 15 degrees Celsius to cubic meters @ 15 degrees Celsius by dividing by 1000.

4.4.4 Prepare a DOD MILSPETS DFSP SHIPMENT AND RECEIPT DOCUMENT (DD Form 1348-7) for each shipment at the point of origin to be signed by the U.S. Government Representative at destination for verification of services performed.

4.4.5 Shipping Documentation: Verification of shipping documentation:

4.4.5.1 Verify that the delivery is to correct delivery location.

4.4.5.2 Verify that correct product is reflected on the shipping document.

mailto:DESC.QAoffice@dla.mil

4.4.5.3 Verify that conveyance seal numbers (if appropriate for the mode of transport) are reflected on the shipping document.

4.4.5.4 Verify documentation of quality analysis results at origin is provided (where applicable).

4.4.6 Conveyance: Check the conveyance for evidence of theft, tampering, sabotage, leaks, and other safety or quality discrepancies.

4.4.6.1 Verify that seals (if applicable for mode of transport) are not missing, broken or tampered with. Verify that the numbers on installed seals match the seal numbers on the shipping document. Verify that the rings attached to the manifold through which the seals are attached are braised or welded and that the seals cannot be slipped off.

4.4.6.2 Verify that tank hatches are secured and that the screws, if any, are actually welded and not falsely welded so that the hatch could be disassembled and fuel removed without tampering the seals.

4.4.6.3 Verify that the container does not appear to have any void compartments, false bottoms, or hoses running from the fuel storage compartments to the fuel truck saddle tank so that the container is powered by the fuel from the storage container.

4.4.6.4 Verify that the dipping ports are not sealed and that there is fuel in the storage tanks instead of only the dipping port containing fuel. Verify there is not a bowl added below the dipping port to enable a false measurement being taken because the dipping port thereby extends below the level of the fuel storage tank.

4.4.7 Product: Verify that product delivered is product ordered. If not, refer to MIL-STD 3004-1 (latest edition) for disposition instructions.

4.4.7.1 Verify that the product markings on the conveyance match product shown on the shipping document.

4.4.7.2 Obtain an all-level sample from each tank compartment and perform a visual analysis for color, water and sediment.

4.4.7.3 Remove serial numbered seals at destination.

4.5 Quantity Requirements

4.5.1 General: The contractor shall be responsible for the quality and quantity of product in their possession during transport. U.S. Government representatives may conduct inspections on transport trucks, transport vessels, and/or transport railcars at origin and/or at destination to ensure fuel quality and quantity standards are met. The contractor shall provide delivery receipts, DD Form 1348-7, for all products delivered. Receipts shall be signed by the authorized U.S. Government Representative.

4.5.1.1 The contractor shall after having tanks/containers weighed at origin notify QAR or designated U.S. Government representative of the tanks/containers arriving at the port of debarkation (POD) to witness the disembarkation, weighing, and storing of tanks/containers to allow the efficient inspection of seals and determination of potential losses.

4.5.2 Load Quantities: Tanks will be loaded in accordance with local custom based on gross volume. This quantity will be annotated on the DD Form 1348-7 for information purposes only and shall be volume corrected to 15 ºC in accordance with Paragraph 4.5.3 of this document.”

4.5.3 Quantity Determination. Load and discharge quantity shall be determined on the basis of the following:

4.5.3.1 The method(s) to be followed for quantity determination at the product acceptance point shall be according to the terms of the contract for each location. Review the “Notes” section of the contract for any modifications of quantity determination clauses. Additional measurements are made upon receipt as a means of inventory control. By taking measurements by various methods, the inventory control checks can be validated against each other. The quantities received into bulk fuel facilities in Al Dhafra will be determined as per the terms of each respective contract. Note: In lieu of a Temperature Compensating Meter (TCM), a standard flow-meter may be used provided the temperatures are properly recorded and calculations performed to convert gross quantities to net at 15ºC.

4.5.3.2 Variations in quantity must be within the acceptable limits of tolerance criteria developed in DoDM 4140.25 Volume 11 Section 3, Table 1. If the loss tolerance exceeds 0.5%, DLA Energy is entitled to the entire amount of the lost product, regardless of the cause of the loss. The Government reserves the right to offset any losses incurred during shipment against each invoice; however, the 0.5% loss tolerance applies only to normal operating losses. In the event there is evidence of theft or tampering, DLA Energy reserves the right to claim losses, even if they are less than 0.5%. The offset will be determined by the average of daily gains/losses per CLIN over the invoice period. The invoice period is defined as bi-weekly for this contract.

4.5.3.3 A calibrated receipt meter. All meters used in determining product volume shall…