Solicitation_89243518RFE000008.pdf

U.S. DEPARTMENT OF ENERGY

OFFICE OF PETROLEUM

RESERVES

STRATEGIC PETROLEUM

RESERVE

REFINED PRODUCT

RESERVE

Operations and Readiness Division Washington, DC

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

CODE 16. ADMINISTERED BYCODE

X

X

493190

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR01601

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/07/2018

504-734-4461Justin Daniel Dudenhefer (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

10/09/2018 1100 CT

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

89243518RFE000008

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 65 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

SEE SCHEDULE

15. DELIVER TO

New Orleans LA 70123 900 Commerce Road East US 492

SPRO

U.S. Department of Energy

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$27.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

SPRO

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

65 2 of

89243518RFE000008

TABLE OF CONTENTS

31TSECTION B SUPPLIES OR SERVICES AND PRICES/COSTS31T

31TSECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK31T

31TSECTION E - INSPECTION AND ACCEPTANCE31T

31TSECTION F – DELIVERIES OR PERFORMANCE31T

31TSECTION G – CONTRACT ADMINISTRATION DATA31T

31TSECTION H – SPECIAL CONTRACT REQUIREMENTS31T

31TSECTION I - CONTRACT CLAUSES31T

31TSECTION J – LIST OF ATTACHMENTS31T

31TSECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS31T

31TSECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS31T

31TADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS31T

SECTION M – EVALUATION FACTORS FOR AWARD

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

LINE ITEM 0001 (MUCC): The prices for the services and facilities to be provided as described in the Performance Work Statement, includes the following:

Storage for RBOB in the New York Harbor area in minimal increments of 100,000 barrels with further increments of 50,000 barrels not to exceed 700,000 barrels.

SUBLINE ITEM 01AA: Twelve (12) month performance period (January 01, 2019 through December 31, 2019)

TANK

NO.

VOLUME

IN BBLS

LOCATION

USE CHARGE

PER MONTH

ANNUAL PRICE

$/BBL/YEAR

SUBLINE ITEM 01AB (OPTION 1): Twelve (12) month performance period (January 01, 2020 through December 31, 2020)

SUBLINE ITEM 01AC (OPTION 2): Twelve (12) month performance period (January 01, 2021 through December 31, 2021)

SUBLINE ITEM 01AD (OPTION 3): Twelve (12) month performance period (January 01, 2022 through December 31, 2022)

Note: Offerors must propose on the base period and all option periods.

LINE ITEM 0002 (MUCC): The prices for the services and facilities to be provided as described in the Performance Work Statement, includes the following:

Storage for RBOB/CBOB in the New England Harbor area in minimal increments of 100,000 barrels with further increments of 50,000 barrels not to exceed 300,000 barrels.

SUBLINE ITEM 02AA: Twelve (12) month performance period (January 01, 2019 through December 31, 2019)

SUBLINE ITEM 02AB (OPTION 1): Twelve (12) month performance period (January 01, 2020 through December 31, 2020)

SUBLINE ITEM 02AC (OPTION 2): Twelve (12) month performance period (January 01, 2021 through December 31, 2021)

SUBLINE ITEM 02AD (OPTION 3): Twelve (12) month performance period (January 01, 2022 through December 31, 2022)

Note: Offerors must propose on the base period and all option periods.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Definitions

DOE – the U.S. Department of Energy

DLA Energy – the U.S. Department of Defense, Defense Logistics Agency Energy

Product – a petroleum product to include CBOB / RBOB, depending on storage locations chosen

Government – the United States Government

SPR – the Strategic Petroleum Reserve

Day of Award – the day of DOE announcement of Successful Purchasers

QAR – a Government Quality Assurance Representative responsible for verifying quality and quantity at the storage contractor’s terminal

CBOB – Conventional Blendstock for Oxygenate Blending RBOB –

Reformulated Blendstock for Oxygenate Blending EPA – the U.S.

Environmental Protection Agency

Calendar NYMEX – the arithmetic average of the daily settlement price for the CBOB / RBOB front month futures contract reported by the NYMEX during the physical month of delivery, excluding weekend and holidays

FOB Destination – Free-On-Board delivery to a Government specified destination

Reserve – the Refined Product Reserve

I. INTRODUCTION

A. The Refined Product Reserve was established by the DOE in 2014 to provide an emergency stock of gasoline ready-for-blending-with-ethanol product in the event of a severe supply shortage.

Depending on the geographical location and based on EPA and state regulations, the ready-for-blending stock will consist of either CBOB or RBOB. The DOE is soliciting contracts for the storage and distribution of a 1,000,000 barrel gasoline Reserve.

B. DOE is soliciting storage in the following locations:

1. Coastal areas of New York Harbor (RBOB only) – For the purpose of this PWS, New York Harbor shall extend from the East River west of Hunts Point; Gowanus Bay west of the Hamilton Avenue Bridge; the Hudson River south of George Washington Bridge; the Upper Bay; the Narrows; the Lower Bay west of Morton Point; the Newark Bay; the Hackensack River south of the Witt-Penn Bridge; the Passaic River south of the Pulaski Skyway Bridge;

the Kill Van Kull; the Arthur Kill and the Raritan River east of the Garden State Parkway Bridge.

2. New England Harbor areas of the following locations (CBOB and/or RBOB): Boston, MA;

Portsmouth, NH; and South Portland, ME. (Boston, MA and South Portland, ME preferred)

a. Boston Harbor is defined as: Inner harbor and Outer harbor - The inner harbor is the main port of Boston. The inner harbor extends from the mouths of the Charles River and the Mystic River, both of which empty into the harbor, to Logan International Airport and Castle Island, where the inner harbor meets the outer harbor. The outer harbor stretches to the south and east of the inner harbor. To its landward side, and moving in a counterclockwise direction, the harbor is made up of the three small bays of Dorchester Bay, Quincy Bay and Hingham Bay. To seaward, the two deep water anchorages of President Roads and Nantasket Roads are separated by Long Island.

b. Portsmouth Harbor is defined as: The last six miles of the Piscataqua River before the sea form Portsmouth Harbor.

c. South Portland Harbor is defined as: The south side of the Portland Maine inner harbor.

C. Terminal(s) must be capable of delivery by truck and commercial barge. Access to pipeline delivery is preferred but not required. The Government reserves the right to utilize multiple contracts and service providers to satisfy this requirement based on price and logistics. Contract award(s) will be made at the discretion and the best interest of the Government in increments, with the minimum amount being 100,000 barrels with further increments of 50,000 barrels, not to exceed 1,000,000 barrels. Contracts may be awarded in any combination as outlined above; but, will not exceed quantities as stated below (I,C,1 and I,C,2). It should be noted that the New England Harbor area includes the following locations: Boston, MA, Portsmouth, NH; and South Portland, ME. The Department of Energy prefers to hold the Refined Product Reserve in Boston, MA and South Portland, ME area. First consideration for award will be based on locations within the Boston Harbor and South Portland ME area, in the increments as listed below (I,C,1 and,I,C,2).

Responsive offers within the Boston Harbor and South Portland Harbor areas where offered prices can be determined fair and reasonable will be awarded contracts in the increments reflected above until max capacity is obtained. If acceptable offers within the Boston Harbor and South Portland Harbor area do not provide total required capacities as listed above, responsive offerors in the Portsmouth Harbor will then be considered for award.

1. New York Harbor: 700,000 barrels of gasoline (RBOB only);

2. New England harbor area (Boston, MA and South Portland, ME preferred): Up to 300,000 barrels of gasoline (CBOB and/or RBOB).

D. The storage contractor must have the ability to operate without commercial electric power. This can be accomplished by any one of the following:

1. On-site backup generation capable of meeting the minimum requirements for the distribution of Government products.

2. Backup generator capable by way of an installed transfer switch and a contract for obtaining backup generator capable of meeting the minimum requirement of the issue of Government products within 24 hours of the loss of commercial power for the distribution of Government products.

E. Product storage must be available 1 January 2019 for delivery of product. Contract duration shall be for a base period of one year and three (3) one year option periods.

II. REQUIREMENTS

A. The Reserve is based on maximum use of the current commercial terminal infrastructure and industry standard procedures.

B. In order to assure the most efficient and expeditious storage placement and distribution of product, in the event of a supply emergency, the following responsibilities and procedures must be agreed to by all offerors:

Receipt of the Reserve:

A. The product may be made available to the contractor from current contract locations or other sources, as convenient to the Government. The terminal must be capable of receiving product by commercial vessel.

B. The contractor should be prepared to assist the Government in locating the Reserve at their terminal, in the most expedient, cost-effective manner possible to include, but not limited to, physical transfer, book transfer, or exchange.

C. Shipment of product will be FOB Destination. All costs associated with the transportation of product to new contractors’ location(s), will be in accordance with the contracts awarded.

1. The contractor shall provide 24-hour access to their terminal to accept receipt of product.

2. Contractors shall provide access to their terminal(s) for Government Quality Assurance

Representatives (QARs) and/or DOE to verify quality and quantity during the receipt.

Storage of the Reserve:

A. The offeror agrees to meet all requirements for receipt, quality control, quality assurance, product rotation, positive inventory control, sale, delivery, inspection and issue as described below. All Government products will be comingled with commercial products of the same quality and specification.

B. Offeror must submit, along with a terminal layout, methods to accomplish the following requirements:

1. Provide commingled storage of the Government’s Product Reserve with commercial stocks to include providing seasonal grades of product in accordance with EPA, state and local regulations. Offeror should describe the relationship between their operating stocks and the Reserve stocks, including any potential impediment on terminal management or operations.

2. The Reserve maintained by the contractor must be unleaded gasoline ready-for-blending-with-ethanol product (CBOB or RBOB), depending on the selected geographic storage location(s).

CBOB/RBOB specifications are outlined in ATTACHMENT 1. All costs to maintain the Reserve at the terminal, such as: product rotation, blending, throughput, tank-to-tank transfers, etc. will be at the contractor’s expense. Contractor(s) will be required to provide the Government a full specification analysis of the product(s) offered for storage at contract start.

The contractor(s) must also notify the Government when the switch to seasonal grade product is complete, as well as provide a full specification analysis upon completion of the seasonal product switchover. The Government reserves the right to ask for full specification analysis of the product at its discretion.

3. Terminals must comply with best commercial practices and meet all industry standards for receipt, storage and issue of the Reserve Product.

4. Terminals must comply with all federal, state, and local laws and regulations governing product(s) storage and handling, to include safety and environmental regulations.

5. Provide total terminal inventories of the types of product(s) stored for DOE in electronic format on a weekly basis to the DOE. In times of crisis, a daily inventory report is required by the DOE.

6. Provide monthly inventory certification as shown in ATTACHMENT 2, signed by the terminal manager and the QAR in electronic format to the DOE.

7. Contractor shall provide reasonable access to the Government QAR to assess all laboratory reports, testing and testing methods, as determined necessary by the QAR or DOE to verify quality and quantity of product stored.

8. Provide continuous product rotation to maintain quality of product(s) stored.

9. The entire Reserve must be available for issue at all times. No portion of the

Reserve may be in unobtainables such as pipelines, manifolds, or tank bottoms.

10. Terminals must be able to deliver the entire Reserve stored within 10 calendar days on 24-hours’ notice by tank truck, marine (barge or tanker), and/or pipeline (desired but not required) to the major distribution centers. For gasoline, each terminal must have a minimum of four (4), 600 gpm, tank truck loading racks with temperature compensating meters that can operate simultaneously. Offeror should describe how their terminal meets or exceeds this requirement for the quantity bid.

11. Contractor must have the ability to blend Government gasoline with ethanol at the truck rack.

Issue of the Reserve:

A. The contractor will comply with the following requirements which will be incorporated into the Distribution Plan as described in ATTACHMENT 3:

1. When notified by DOE of the potential for a release, the storage contractors shall provide:

a. Information on its terminal facilities and respective inventories available for a sales offering; and,

b. Confirmation of current terminal readiness and capabilities to perform as stated.

2. Keep the QAR and DOE informed of current terminal activities and inventories on a daily basis, as well as scheduled activities that could impact an offering.

3. When notified by DOE of a decision to release product from the Reserve, the storage contractor will immediately select and identify to the QAR and DOE the current inventory and specific tanks the product will be issued from.

4. A certificate of analysis providing full specification test results on the product in each tank the product will be issued from, must be provided to DOE within 24- hours following notification.

a. For gasoline, two hours prior to commencing transfer, a pre-shipment analysis will be submitted by facsimile to the QAR and DOE providing results on the API gravity, color, appearance and visual check for water and particulates of the product to be delivered.

5. When delivery commences, obtain a continuous line sample from a sampling point as close as possible to the custody transfer point. For tank truck/trailer loading only a sample from the first truck loaded that day is required. Test the sample for the properties identified in paragraphs 4.a. above. Also collect a one gallon sample from this sampling location and retain it for 30 days.

6. The contractor must be able to deliver the Government’s entire quantity of product from their facility within 10 calendar days. The delivery period will begin 24-hours after Day of Award. With the possibility of successive partial sales, the Government expects the storage contractor to perform similarly with delivery of each Government sale quantity from their facility within a proportionate period.

7. The storage contractor shall fully guarantee the quality of the product delivered.

The quality of the product delivered shall be determined at the loading point by a third party inspector.

8. Contractors shall provide access to their terminal(s) for Government QARs and/or DOE to verify quality and quantity during issue.

9. Third party inspections will be required for all quantity measurements and sampling. The third party inspector should not be affiliated with either the purchaser or the storage terminal.

Third party inspectors must be ISO 9001 certified. Costs for the Third Party inspector will be shared equally between the storage contractor and purchaser. However, should the purchaser or storage contractor be unable to agree on a third party inspector, both parties will supply their own inspectors with the QAR having final say in any disputes.

10. Mode of delivery will be at the purchasers’ option, scheduled in coordination with the storage contractor.

11. Excise Taxes: All required federal and state/local excise taxes owed on the distribution of fuel covered under IRS Publication 510 will be the responsibility of the Storage Contractor.

Collection and Payment of excise taxes must be coordinated and handled between the Storage Contractor and the Purchaser. Federal excise tax paid should be reflected on the Bill of Lading; DOE assumes no responsibility for the collection or payment of excise taxes.

12. All parties agree to make all reasonable effort to complete delivery and acceptance in accordance with commercially accepted time and physical constraints. Should a dispute or a claim for damages arise as a result of delivery and acceptance, the DOE will provide guidance based on the respective contracts governing the storage contractor and the purchaser.

13. Delivery Imbalances:

a. In accordance with New York Mercantile Rules, a loading tolerance of two percent (2%) above and below the contract volume is permitted.

b. Payment adjustments based on the contract amount and the actual quantity delivered will be made between the Government and purchaser (up to the 2% volume) at the contract price.

c. Any delivery imbalances beyond the 2% limit will be reconciled between the storage contractor and the purchaser.

Scheduling of Deliveries:

A. The storage terminal contractors are responsible for establishing mutually acceptable delivery schedules with purchasers. The terminal will respond to the purchaser’s request within 12-hours, either confirming or proposing alternative delivery dates.

1. Purchaser scheduling shall be on a first-come, first-served basis in accordance with standard business practices with the following exceptions:

a. Access to the terminal loading facilities by the purchaser will be given within

48-hours of requested lifting for barges, tank trucks, and pipelines.

b. Access for tankers must be given within 72-hours of requested lifting.

c. All deliveries must be completed within the 10 calendar day delivery period.

2. When finalized, the storage contractor shall notify DOE and QARs of the purchaser’s delivery schedules and volumes.

3. Storage contractor shall be liable for all demurrage charges if their facilities are unable to deliver in a normal, timely manner.

B. Quantity Measurement Procedures:

1. Barges and Tankers: Loaded quantity will be determined by calibrated meter or hand gauge of storage contractor’s shore tanks before and after loading. If, for some reason, the Third Party inspector cannot verify the shore tank quantities, the vessel’s loaded volume corrected by vessel experience factor will apply.

2. Truck Racks: Only pre-certified trucks will be allowed to move across the truck racks.

Quantity will be determined by a currently calibrated, temperature compensating meter.

3. Pipeline Cargoes: Where a temperature compensating meter is available, meter tickets shall be the point-of-custody transfer. If not, quantity determination shall take place by independent hand gauge of the storage contractor’s tanks, before and after shipment, by third party inspector.

4. Terminal-to-terminal transfers: Quantity shall be determined by calibrated meter or hand gauge before and after transfer by a certified third party inspector.

5. All terminal throughput costs are borne by the storage contractor as specified in the storage contract.

6. All risk of loss will be borne by the storage contractor until product passes the vessel’s loading arms / flange, or passes the custody transfer point for pipelines, trucks and inter- and intra-terminal transfers.

7. All quantities will be shipped at net 60˚.

C. Completion of Delivery. When delivery is complete, contractor will assist QAR in compiling and completing all documents necessary to include inventory certifications, delivery tickets, DD 250 series documents and third party inspection reports.

Contract Closeout At the completion of the storage contract, whether by sale, contract closeout, or transfer, imbalances may exist in the product volumes at the terminals. These imbalances will be reconciled in the following manner:

A. If the DOE sells or transfers an amount of product that exceeds the contracted storage amount, the contractor may invoice the DOE the cost value of the product based on the calendar NYMEX during the physical month of delivery. If no published prices are available, a mutually agreed upon price will be negotiated.

B. If the contractor issues to a purchaser a total volume of product which is less than the contracted storage amount, the DOE will reimburse the purchaser.

C. Upon completion of the contract, should the contractor deliver back to the Government an amount less than the storage contract, the contractor will either be invoiced for the undelivered amount based on the calendar NYMEX during the physical month of delivery, or provide reimbursement to the Government at an alternate location.

Plans Required A. Within 30 calendar days of contract award the contractor will provide the DOE Strategic Petroleum

Reserve Program Office a Distribution Plan in accordance with the outline in ATTACHMENT 3.

Once approved, this plan will delineate the DOE’s, storage contractor, and purchaser responsibilities in the event of a sale, and become a permanent addition to the contract.

B. Within 60 calendar days the contractor will provide the DOE Program Office, in duplicate a Quality Control Plan in accordance with the suggested outline in ATTACHMENT 4.

SECTION E - INSPECTION AND ACCEPTANCE

E-1 INSPECTION (STORAGE)

The facilities to be provided hereunder shall be ready for inspection and acceptance upon contract award. The Contractor shall notify the Contracting Officer of the date such tanks and facilities are available for inspection and acceptance, and the Contracting Officer, or his designated representative, shall promptly thereafter inspect such tanks and facilities. No payment will be made for services performed or facilities provided prior to the beginning of the period of performance.

SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 Stop Work Order (AUG 1989)

F-1 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE)

During the contract period, 01 January 2019 through 31 December 2019, the Contractor shall provide petroleum storage facilities and services at the following location:

(Street address)

(City/State/Zip)

SECTION G – CONTRACT ADMINISTRATION DATA

G-1. INVOICING

a. Invoicing Procedures

i. Monthly services invoices shall be emailed or faxed directly to the Oak Ridge and Strategic Petroleum Reserve Project Management Office after self-certification. Invoices may be submitted electronically in Word, Excel, or Adobe formats to the following:

Oak Ridge: orfsc@oro.doe.gov Fax (865) 574-5374 Strategic Petroleum Reserve (SPR): sprfinance@spr.doe.gov Fax (504) 818-5968

ii. Contractors shall present invoices for monthly services directly to the following

Accounting and Finance Office within one month following the performance of the respective services. The invoices will be submitted by email or facsimile to Oak Ridge and Strategic Petroleum Reserve Project Management Office.

iii. When submitting invoices via US mail, send to the following addresses:

US Department of Energy – SPRPMO Oak Ridge Financial Service Center P.O. Box 4907 Oak Ridge, TN 37831

iv. Street Address for overnight mailing:

200 Administration Road Oak Ridge, TN 37830

v. In addition, one copy of the invoice must be forwarded to:

US Department of Energy Strategic Petroleum Reserve Project Management Office Planning and Financial Management Division, FE-4452 900 Commerce Road East New Orleans, LA 70123

b. Invoice Certification

i. Each invoice will be certified by an official of the company in the following manner:

mailto:orfsc@oro.doe.gov mailto:sprfinance@spr.doe.gov

"I certify that the services were performed, that the amounts reflected hereon are in conformance with the contract, and that the amounts are correct and proper for payment."

Signature______________________________

PRINTED NAME AND TITLE

c. Contractors are responsible for validating receipt of the faxed invoice. The e-mail to Oak

Ridge and Strategic Petroleum Reserve Project Management Office should include, at a minimum, the following information: company name, contract number, invoice number, date of submission of invoice, and dollar value. Oak Ridge and Strategic Petroleum Reserve Project Management Office will not be held accountable for transmissions not received.

d. After transmitting the original invoice, the Contractor shall mark that invoice

“ORIGINAL INVOICE - FAXED” and retain it. The hard copy is not required for payment and shall not be mailed to the payment office unless Oak Ridge and Strategic Petroleum Reserve Project Management Office specifically requests it.

G- 2. ELECTRONIC TRANSFER OF FUNDS PAYMENTS-CORPORATE TRADE EXCHANGE

a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be located in the United States and must be capable of receiving Automated Clearing House (ACH) transactions.

NAME OF RECEIVING BANK:_______________________________________________________

(DO NOT EXCEED 29 CHARACTERS)

CITY AND STATE OF RECEIVING BANK: ____________________________________________

(DO NOT EXCEED 20 CHARACTERS)

AMERICAN BANKERS ASSOCIATION NINE

DIGIT IDENTIFIER OF RECEIVING BANK: ___________________________________________

ACCOUNT TYPE CODE: (Contractor to designate one)

[ ] CHECKING TYPE 22

[ ] SAVINGS TYPE 32

RECIPIENT'S ACCOUNT NUMBER ENCLOSED IN PARENTHESES: ______________________

(DO NOT EXCEED 15 CHARACTERS)

RECIPIENT'S NAME: _____________________________________

(DO NOT EXCEED 25 CHARACTERS)

STREET ADDRESS: ______________________________________

(DO NOT EXCEED 25 CHARACTERS)

CITY AND STATE: _______________________________________

NOTE: Additional information may be entered in EITHER paragraph (b) OR paragraph (c) below. Total space available for information entered in (b) OR (c) is 153 characters.

(b) SPECIAL INSTRUCTIONS/OTHER IDENTIFYING DATA:

(DO NOT EXCEED 153 CHARACTERS)

OR

(c) THIRD PARTY INFORMATION: Where payment is to be forwarded from the receiving bank to another financial institution for deposit into Contractor's account, the following information must be supplied by the Contractor: Second Bank Name, City/State and/or Country, Account Number, and Account Name.

(DO NOT EXCEED 153 CHARACTERS)

(d) CONTRACTOR'S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER

INFORMATION.

NAME: _____________________________________

TITLE: _____________________________________

TELEPHONE NUMBER:_______________________________

SIGNATURE: _______________________________________________________

(e) Any change by the Contractor in designation of the bank account to receive electronic transfer of funds in accordance with this provision must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.

(f) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.

(g) In the event corporate trade exchange (CTX) payments cannot be processed, the Government retains the option to make payments under this contract by check.

(h) NOTICE TO FOREIGN SUPPLIERS.

(1) Payment may be made through the Federal Reserve Wire Transfer system. The bank designated as the receiving bank must be located in the United States and must be capable of receiving ACH transactions. The appropriate American Bankers Association nine-digit identifier must be supplied in order for payments to be processed through CTX.

(2) If your account is with a foreign bank that has an account with a bank located within the United States, the U.S. bank may be designated as the receiving bank. The recipient's name and account number shall identify the foreign bank, and transfer instructions to supplier's account must be specified in (b) OR (c) above.

(3) The Third Party information supplied in (c) above will be located in the first RMT segment of the CTX payment information sent to the receiving bank.

(i) Notwithstanding any other provision of the contract, the requirements of this provision shall control.

(End Provision)

G-3. INVOICE NUMBERING REQUIREMENTS

Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.

(End Provision)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-1. REPORTING AND CONTAINING OIL SPILLS (DOMESTIC STORAGE)

(a) Immediately upon the discovery of a petroleum spill, leak, or seepage involving Department of Energy (DOE) owned product, the Contractor shall notify, by telephone, (1) the Quality Representative,

(2) and the Contracting Officer Representative (COR). In addition, if the said spill, leak, or seepage has reached, or if it might possibly reach, navigable waters, the Contractor shall immediately notify the Coast Guard by telephone (800) 424-8802, the appropriate Federal and State officials designated in State laws, and the COR.

(b) Immediately upon discovery of a petroleum spill, leak, or seepage, the Contractor shall take all practicable measures available to contain and prevent further spreading of such spill, leak, or seepage.

Measures taken by the Contractor will be in compliance with all local, State, and Federal laws and regulations.

(c) Any Contractor whose terminal stores product exclusively for DOE use shall prepare and submit an approved Spill Prevention Control and Countermeasure Plan, Oil Pollution Prevention Operations Manual, and Oil Spill Contingency Plan, as applicable. These documents shall be submitted to the COR as soon as practicable after contract award, but no later than 60 days after award notification. The Contingency Plan shall include, but not be limited to, (1) Contractor in-house capability and facilities, or

(2) the preselection of a local agency, cooperative, or firm capable of and willing to provide cleanup services of this nature.

(d) The Contractor shall be responsible for maintaining current telephone numbers of the agencies cited herein and in the Contingency Plan upon commencement of the contract period.

H-2. DEFINITIONS

As used throughout this contract, the following terms shall have the meanings set forth below:

(a) Quality Assurance Representative (QAR) is a Government Representative authorized to represent the Contracting Officer to assure the Contractor complies with the contractual requirements in furnishing petroleum products and services.

(b) Ordering Officer means whichever of the following or their designated representatives is applicable: (1) the Federal Government activity encompassing any delivery point indicated in the schedule; (2) any Government Contractor furnishing evidence of authority to order under this contract; (3) the head of any Federal Government agency; (4) the driver of a Federal vehicle or boat, or the pilot of a Federal aircraft authorized to place orders under a service station contract.

(c) The acronym TK means tanker, B means barge, TC means tank car, T means truck, TT means transport truck, TTR means truck and trailer, TW means tank wagon, P means pipeline, and MSS means Marine Service Station. The acronyms or terms TT or transport truck and TTR or truck and trailer mean tank truck equipment, whereas the acronym or term T or truck means truck equipment for hauling drummed or packaged supplies. The acronym SW means supplier's works, CFD means Contractor-furnished drum, and GFD means Government-furnished drum.

(d) Supplies means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DOE at the time of transportation by sea. An item is clearly identifiable for eventual use by the DOE if, for example, the contract documentation contains a reference to a DOE contract number or a Government destination.

(e) Acceptance means the act of an authorized Representative of the Government by which the Government, for itself, or as an agent of another, assumes ownership of existing identified supplies tendered or approves specific services rendered, as partial or complete performance of the contract. For f.o.b. origin delivery acceptance occurs when the Government QAR signs the Material Inspection and Receiving Report (DD Form 250 series document). For f.o.b. destination delivery, acceptance occurs when the authorized Government Representative signs the DD Form 250 series document or the contractor's shipping document.

(f) Calibration means the comparison of a measurement system or device of unverified accuracy to a measurement system or device of known or greater accuracy to detect and correct any deviation from required performance specifications of the unverified measurement system or device.

(g) The terms isolated system and segregated system mean a system that has a positive separation from other systems in a tank farm through the means of blind flanges, locked double-block and bleed type valves, etc.

(h) Dedicated system means a system that is self-contained and for the exclusive use of a particular product.

(i) Common system means a system that usually utilizes a manifold or pipeline that handles more than one product exclusively.

(j) Quality Assurance Representative (QAR) is a Government Representative authorized to represent the Contracting Officer to assure the contractor complies with the contractual requirements in furnishing petroleum products and services and to assure the contractor complies with the contractual requirements in furnishing services.

(k) Petroleum storage facilities shall include –

(1) The tanks enumerated in the Schedule and all installations, fixtures, and equipment required for safe and expeditious movement of petroleum products into and out of such tanks;

(2) Fencing, flood lighting, dikes or fire walls, suitable firefighting plan and watchman services to the extent necessary to comply with local regulations and standard commercial practices; and

(3) Whatever unloading and loading facilities that may be required to receive and ship product by the method(s) specified in the Schedule.

(l) Dedicated system means a self-contained, single product system with no pipeline connections to any other system in the facility.

(m) Common system means a system that usually utilizes a manifold or pipeline that handles more than one product exclusively.

(n) Shell capacity means the gross volumetric capacity of the storage tank as determined from tank calibration.

(o) Fill capacity means the capacity of the storage tank when filled to the maximum fill level, i.e., the highest point to which a petroleum storage tank may be filled with product, allowing for product expansion and other safety considerations.

(p) Product or products means the Government-owned petroleum product(s) within one of the following categories which the Schedule indicates the Contractor is to receive, store, handle, and ship under this contract:

(1) Crude oil shall include any unrefined petroleum in its natural state;

(2) Light fuels includes any grade of the following distillate fuel types: aircraft engine fuels, motor gasoline, naphtha and like solvents, kerosene, diesel fuels and numbers 1 and 2 heating fuels;

(3) Heavy fuels includes number 4 heating fuel and all residual type fuels;

(4) Lubricating oil includes all grades of such product utilized in aircraft, automotive, diesel, and marine engines;

(5) Packaged products means all products packaged in containers of 55-gallon capacity or less.

(q) Unit of quantity means--

(1) The U.S. gallon of 231 cubic inches;

(2) The barrel of 42 U.S. gallons;

(3) The long ton of 2240 pounds; and

(4) The pound of 16 ounces, depending upon the unit shown in the Schedule.

(r) Description of services to be performed as stated in the CHANGES - FIXED PRICE clause is defined to include, but is not limited to, the following:

(1) The grade or type of product by specification;

(2) The regular working hours set forth in the schedule;

(3) The method of receiving or shipping.

(4) The specifications of Contractor-furnished equipment,

(5) The provisions of the General Delivery Conditions as amended;

(6) The number of the Contractor-furnished units (equipment);

(7) The response time;

(8) The estimated truck movement; and

(s) Equipment or delivery and servicing equipment as used herein means those fuel and/or oil servicing units such as tank trucks, tank trailers, mobile hose carts, pantographs (fixed or mobile), small trailers and drums together with the necessary prime movers.

(t) Fuel and Oil used herein means aircraft reciprocating engine fuel, aircraft turbine and jet engine fuel, aircraft reciprocating engine oil, and jet engine oil.

(u) Response time is defined as that interval of time between the time a call is placed on the Contractor to service an aircraft and the time the Contractor's equipment is in position to service said aircraft.

(v) For purposes of this contract, the term truck movement as set forth above is defined to be any of the following:

(1) The movement of a refueler, defueler, or oiler to, and servicing of, an aircraft. In the event that more than one aircraft is serviced as a result of one service call, each individual aircraft servicing shall be considered a “truck movement.”

(2) The movement of a combination refueler/oiler which services an aircraft with both products. Such movement shall be considered a 1 1/2 “truck movement.”

(3) The movement of a combination refueler/oiler which services an aircraft with oil only.

Such movement shall be considered one “truck movement.”

(4) The movement of a refueler, defueler, or oiler as the result of a service call which is not completed, due to no fault of the Contractor.

(5) The movement of a refueler, defueler, or oiler to a tank farm for purposes of refilling or discharging product as applicable. With regard to refueler refilling, only those refills totaling 1,000 gallons or more per vehicle shall be considered a truck movement.

H-3. RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS

(a) Government-owned petroleum products received, stored, and transported under this contract are governed by the provisions of this provision.

(b) Title to any Government-owned petroleum products in the possession of or under the custody of the Contractor by reason of this contract, which is hereinafter referred to in this provision as "such property," shall at all times remain in the Government, and such property shall be used only for the purposes set forth in this contract. The Government shall at all times have access to the premises wherein any such property is located. When product is received on an f.o.b. destination basis, the Product Supplier or his representative may witness all quantity and quality functions during the receipt of the product into Government-owned Contractor-operated/Contractor-owned Contractor-operated tanks.

(c) The Contractor shall protect and preserve such property in a manner consistent with sound industrial practice.

(d) At the end of the contract period the Government may abandon any Government-owned petroleum products in place, at which time all obligations of the Government regarding such abandoned petroleum products shall cease. The contract price shall be reduced to reflect the fair market value of any abandoned petroleum products. If an agreement as to compensation for abandoned petroleum products cannot be reached in a timely manner, the Contracting Officer will make a formal determination. The decision will be subject to resolution in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause.

(e) The Contractor shall not be liable for loss of or damage to such property while in the possession of or under the custody of the Contractor by reason of this contract, or for expenses incidental to such loss or damage, except that the Contractor shall be liable for any such loss or damage (including expenses incidental thereto)—

a. Which results from negligence, or bad faith, or willful misconduct of the Contractor, its employees, or agents; or

b. Which results from a risk that is in fact covered by insurance or for which the Contractor is otherwise reimbursed, but the Contractor in such case shall be responsible only to the extent of such insurance or reimbursement.

(f) Except for those risks assumed by the Contractor pursuant to subparagraph (e)(1) of this provision, the Contractor represents and warrants that the prices stated in the Schedule do not include the cost of insurance covering risk or loss of or damage to such property while in the possession of or under the custody of the Contractor by reason of this contract, nor any provision for a reserve to cover such risk. In the event the Contractor is reimbursed or compensated for any loss or damage to such property, it shall reimburse the Government. The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any such loss or damage and, upon the request of the Contracting Officer, shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

H-4. LIABILITY FOR FUEL SPILLS

The Contractor shall take all measures required by law and good 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. For purposes of this provision, the term fuel includes all petroleum and additive products.

H-5. ENVIRONMENTAL PROTECTION (STORAGE)

The Contractor agrees to conform to all laws and regulations relating to the protection of the environment in effect on the date the contract is awarded, which are applicable to its operation in the performance of this contract. The Contractor further agrees to conform to any laws or regulations enacted after contract award that are applicable to its operation in the performance of this contract. In the event that conformance with any such new laws or regulations causes an increase or decrease in the operating cost, the Contractor and the Government will negotiate an equitable adjustment in the contract price. Failure to agree on an equitable adjustment in the contract price shall be a dispute concerning a question of fact within the meaning of the DISPUTES clause of this contract; however, nothing in this provision shall excuse the Contractor from implementing any such laws or regulations. The Contractor shall proceed with performance of this contract, unless so advised in writing by the Contracting Officer.

SECTION I - CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-16 Preventing Personal Conflicts of Interest (Dec 2011) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(May 2011) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.242-13 Bankruptcy (Jul 1995) 52.242-15 Stop-Work Order (Aug1989) 952.202-1 Definitions

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

X___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

X___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

X___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov…