Attachment 1_PWS Final.pdf

PACIFIC ISO CONTAINER SUPPORT

REQUIREMENT

PERFORMANCE WORK STATEMENT (PWS)

July 30, 2020

1. BACKGROUND

1.1 CONTRACT REQUIREMENT

1.1.1 CONTRACT PERFORMANCE

2. PERFORMANCE REQUIREMENTS

2.1 CONTRACT PERFORMANCE PERIOD

2.2 PLACE OF PERFORMANCE

2.3 HOURS OF OPERATION

2.4 DESCRIPTION OF ITEMS TO BE TRANSPORTED

2.4.1 ISO CONTAINERS

2.4.2 GRADE OF FUEL PRODUCT

2.5 PERFORMANCE OBJECTIVE REQUIREMENTS

2.6 PERFORMANCE SERVICE REQUIREMENTS

2.6.1 TASK 1 – ISO CONTAINER TRANSPORTATION

2.6.2 TASK 2 – ISO CONTAINER CLEANING

2.6.3 TASK 3 – ISO CONTAINER INTEGRITY INSPECTION & TESTING

2.6.4 TASK 4 – ISO CONTAINER/CHASSIS MAINTENANCE/REPAIR

2.6.5 TASK 5 – GENERAL RESPONSIBILITIES OF THE CONTACTOR

2.7 DESCRIPTION OF LINE ITEMS

2.8 PERSONNEL QUALIFICATIONS

2.9 SECURITY AND SAFETY REQUIREMENTS

2.10 LIABILITY FOR FUEL SPILLS

2.11 RESPONSIBILITIES

2.11.1 CONTRACTOR RESPONSIBILITIES

2.11.2 GOVERNMENT RESPONSIBILITIES

2.12 CONTRACTOR FURNISHED EQUIPMENT

2.13 GOVERNMENT FURNISHED EQUIPMENT

2.14 REIMBURSABLE EXPENSES TO THE CONTRACTOR

2.15 INSURANCE REQUIREMENTS

3. CONTRACT ADMINISTRATION & PROCEDURES

3.1 TECHNICAL DIRECTION

3.2 WORK ORDERING PROCEDURES

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 QUALITY ASSURANCE PROCESSES

4.4.1 SHIPPING DOCUMENTATION

4.4.2 CONVEYANCE

4.4.3 PRODUCT

4.5 QUANTITY REQUIREMENTS

4.5.1 GENERAL

4.5.2 QUANTITY DETERMINATION

5. DELIVERABLES

5.1 CONTRACTOR PLANS

5.1.1 CONTRACT COMPLIANCE PLAN (CCP)

5.2 EVENT REPORT

5.3 FUEL LOSS REPORT

5.4 ACCIDENT REPORT

5.5 DRIVER REPORT

5.6 DAMAGE AND LOSS REPORTS

5.7 DELIVERABLES TABLE

5.8 PERFORMANCE SERVICE DELIVERY SUMMARY (SDS)

APPENDIX A: Definitions APPENDIX B: Abbreviations and Acronyms APPENDIX C: Performance Service Delivery Summary APPENDIX D: MIL-STD-3004-1 (Excerpt)

GENERAL: This is a non-personnel services contract to provide transportation and maintenance-related services of Department of Defense (DoD) - leased ISO 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: Defense Logistics Agency – Energy-FENB (DLA-Energy) has a requirement to transport fuels by bulk fuel ISO containers into storage tanks, bladders, tank trucks, or tank containers that are permanent or temporary. The contractor shall, as part of the two dedicated transportation Line Items, transport Fuel System Icing Inhibitor (FSII), Lube Oil – 6 (LO6), Light Lube Oil (LTL), Diesel Fuel – DS2, and F24/JAA with additives. The contractor shall transport the empty/full ISO containers to/from various locations in Honolulu, HI to include Joint Base Pearl Harbor-Hickam (JBPHH), HI as well as all commercial sea ports in Honolulu for either onward movement by vessel or ground movement to local storage on base or other designated points located on JBPHH. JBPHH is comprised of Pearl Harbor Naval Station, HI and Hickam AFB, HI. Required services shall be performed in accordance with best commercial practices.

1.1.1 Contract Performance. The contractor shall provide all labor, tools, parts, materials, HAZMAT placards, couplers, connectors, adapters (as needed, and transportation assets necessary to provide transport service from origin to destination. The Contractor shall provide cleaning, inspection, maintenance, and performance of mandatory integrity tests on up to approximately 31 (thirty-one) ISO containers that can possibly be stored at Hickam AFB, HI at any given time period.

2.0 PERFORMANCE REQUIREMENTS

2.1 Contract Performance Period: 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 clause 52.217-9.

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

2.2 PLACE OF PERFORMANCE

DLA Energy-Hawaii Region. Specific locations of consideration are listed below:

Loading Point(s): - Hickam AFB DFSP Pearl Harbor Ports at Pearl Harbor Hickam or Joint Base Pearl Harbor Hickam Ports at Honolulu Harbor Port at Pearl Harbor

Discharge Point(s): - Hickam AFB DFSP Pearl Harbor Ports at Pearl Harbor/Hickam or Joint Base Pearl Harbor Hickam Ports at Honolulu Harbor Port at Pearl Harbor

Storage Point(s): - Joint Base Pearl Harbor Hickam (JBPHH)

2.3 HOURS OF OPERATION

The contractor shall ensure timely arrival (within three business days of order) of ISO containers at origin depot to complete loading within the normal hours of the facility. Normal loading hours are from 0800 - 1500 HST, Monday - Friday.

The contractor shall confirm hours of operation with DLA representative or other U.S. Government appointed representative for the respective area of responsibility.

Note: In some cases the contractor may be required to deliver outside of normal business hours due to the needs and priorities of the customer. The Government will clearly identify these deliveries and try to provide as much notification as reasonably possible.

2.4 DESCRIPTION OF ITEMS TO BE TRANSPORTED:

2.4.1 ISO Containers: ISO containers are large pressure vessels held within a 20- foot ISO frame that are used for the transportation and storage of bulk liquids between locations.

• Average Height: 8’6”

• Average Width: 8’

• Average Length: 20’

• Average Max Fill Capacity: 6,340 USG

2.4.2 GRADE OF FUEL PRODUCT:

• Fuel System Icing Inhibitor (FSII)

• Lube Oil – 6 (LO6)

• Diesel Fuel – DS2

• Light Lube Oil (LTL)

• F24/JAA with additives

The above listed products are not all-inclusive; the Government reserves the right to add to above list. In addition, the contractor may also be required to move empty or full ISO containers to and from the Ports.

2.5 PERFORMANCE OBJECTIVES REQUIREMENTS:

Task 1 – ISO Container Transportation Task 2 – ISO Container Cleaning Task 3 – ISO Container Inspection and Integrity Testing Task 4 – ISO Container/Chassis Maintenance/Repair Task 5 – General Responsibilities of the Contractor

2.6 PERFORMANCE SERVICE REQUIREMENTS

This section of the PWS defines the performance requirements and the performance results the Government intends to measure the contractor’s performance against.

2.6.1 Task 1- ISO Container Transportation

The contractor shall furnish transportation for ISO containers to/from various locations on JBPHH (to include container storage facilities and DFSP Pearl Harbor) and in Honolulu, HI to include the Sea Ports for either onward movement by vessel or ground movement to local storage. The contractor shall furnish the necessary chassis, vehicles and loading/unloading equipment necessary to facilitate the indicated transportation movements.

The contractor shall transport ISO containers to locations listed in Paragraph 2.2 for filling with lube oils, fuels and/or fuel additives. Once filled, equipment will be transported to the port to IAW instructions and guidance provided by DLA Energy Hawaii Supply Planner. Transportation may also be required to move empty or full Containers to and from the Ports.

Contractor shall furnish chassis, loading/unloading equipment to transport ISO containers, and equipment to load/unload containers at the Contractor’s facility for the cleaning, inspecting, maintenance, and testing to be performed. The costs for chassis, loading/unloading equipment and transporting containers between the container storage facility and the location where the cleaning, inspecting, testing and maintenance of containers is conducted, shall be included within the cost for the associated Line Item identified on the contract for cleaning, inspecting, testing and maintenance of containers.

2.6.2 Task 2- ISO Container Cleaning

As directed by the Hawaii Region Supply Planner, clean ISO containers IAW Appendix D: MIL-STD 3004 -1. The contractor shall present a cleaning certificate to the US Government designated representative. Cleaning certificate should annotate previous cargo.

The contractor shall clean ISO containers currently being stored at Hickam AFB, HI prior to testing.

The contractor shall dispose of any residual product that may be present in the ISO containers prior to cleaning, testing, and/or re-certifying (costs for residue disposal shall be included in the cost for cleaning and not priced separately).

The contractor shall furnish chassis, loading/unloading equipment to transport ISO containers, and equipment to load/unload containers at the Contractor’s facility for the cleaning to be performed. The costs for chassis, loading/unloading equipment and transporting containers between the container storage facility and the location where the cleaning of containers is conducted, shall be included within the cost for the associated Line Items identified on the contract for cleaning, inspecting, testing and maintenance of containers.

2.6.3 Task 3- ISO Container Integrity Inspection and Testing

ISO Container Inspection

The contractor shall perform ISO containers inspections IAW ISO 1496-3; 2019 Series 1: Freight Containers – Specification and Testing – Part 3: Tank Containers for Liquids, Gases, and Pressurized Dry Bulk.

ISO Container Integrity Testing

The contractor shall arrange and perform mandatory integrity tests on ISO containers currently being stored at Hickam AFB, HI. Containers are due a 5-year re-certification and re-certification must be completed, IAW 49 Code of Federal Regulations (CFR), Subtitle B, Chapter 1, Subchapter C, Part 180, Subpart G, prior to loading and transportation of product(s).

The contractor shall furnish chassis, loading/unloading equipment to transport ISO containers, and equipment to load/unload containers at the Contractor’s facility for the inspecting and testing to be performed. The costs for chassis, loading/unloading equipment and transporting containers between the container storage facility and the location where the inspecting and testing of containers is conducted, shall be included within the cost for the associated Line Item identified on the contract for cleaning, inspecting, testing and maintenance of containers.

2.6.4 Task 4- ISO Container – Maintenance/Repair

The contractor shall arrange and perform maintenance/repairs of ISO containers requiring repair(s) in order to ensure cleaning and integrity tests are completed. The scope of this task consist of regular and routine maintenance and minor repairs that do not require major frame reconstruction or replacement of major parts. Minor repairs include, but not limited to, replacing seals, gaskets, wing nuts, and caps.

https://www.iso.org/obp/ui/#iso:std:iso:1496:-3:ed-5:v1:en https://www.iso.org/obp/ui/#iso:std:iso:1496:-3:ed-5:v1:en

The contractor shall document all maintenance and repairs required after performing ISO Container Inspections. The contractor shall prepare a detail cost estimate and submit the estimate to the COR for review and approval. If approval is provide by the COR the Contractor shall performance required maintenance or repair. If the COR determines the repair to be out of scope, the COR will reject the request and provide further instructions on where to take the ISO Container to be removed from service.

Contractor shall furnish chassis, loading/unloading equipment to transport ISO containers, and equipment to load/unload containers at the Contractor’s facility for the maintenance and repair to be performed. The costs for chassis, loading/unloading equipment and transporting containers between the container storage facility and the location where the maintenance of containers is conducted, shall be included within the cost for the associated Line Item identified on the contract for maintenance of containers.

2.6.5 Task 5- General Responsibilities of the Contractor

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.

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.

Access to Port: The contractor shall acquire Transportation Worker Identification Credentials (TWIC) when transporting to port of call. If contractor doesn't already have Defense Biometric Identification System (DBIDS) access to JBPHH, then Contracting Officer Representative (COR) will provide appropriate documentation for access.

This will need to be completed by the contractor and returned to the COR for submission to Base Pass ID office. The Base Pass & ID office will investigate personnel indicated on the JBPHH Form 0-180 and will advise within two weeks the result of the pass application. If approved, the contractor will be given temporary "Unescorted" access for ~365 days. The access granted above (i.e., annual pass/ access) will allow access to the Joint Base Pearl Harbor K- Pier as well.

Costs and Expenses: The contractor shall pay all associated costs and expenses except those outlined in paragraph

2.14 of the PWS, Reimbursable Expenses.

2.7 DESCRIPTION OF LINE ITEMS: The performance service requirements indicated in section 2.6 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: ISO Container Transport To/From JBPHH To/From Port and Intra-Island (To/From JBPHH To/From JBPHH). This line item is for transportation of ISO Containers to/from JBPHH to/from Port.(Port is defined as locations Hickam AFB, DFSP Pearl Harbor, Ports at Pearl Harbor Hickam or Joint Base Pearl Harbor Hickam, and Ports at Honolulu Harbor) and for transportation of containers to/from storage or other indicated locations on JBPHH to/from other storage or indication locations on JBPHH (i.e. movement from Pearl Harbor storage location to Hickam storage location). The Firm Fixed Price for Line Item 0001shall include Contractor furnishing equipment to transport containers and equipment to load/unload containers. The price for Line Item 0001 also shall include potential temporary in-transit storage of ISO Containers into Hickam Fleet Logistic Center (FLC) with chassis to remain with containers during this period.

Line Item 0002: ISO Container – Integrity Testing.

This line item is for the contractor to perform/arrange 5-year re-certification testing to be performed IAW 49CFR, Subtitle B, Chapter 1, Subchapter C, Part 180, Subpart G. Contractor will be required to furnish chassis to transport ISO containers and equipment to load/unload containers. The costs for chassis, loading/unloading equipment and transporting containers between the container storage facility and the location where the testing of containers is conducted, shall be included within the Firm Fixed Price for the associated Line Item identified on the contract for testing.

Line Item 0003: ISO Container - Cleaning.

This line item is for the contractor to perform ISO Container cleaning and residue removal IAW Appendix D (attached). The Contractor will be required to furnish chassis to transport containers and equipment to load/unload containers. The costs for chassis, loading/unloading equipment and transporting containers between the container storage facility and the location where the cleaning of containers is conducted, shall be included within the Firm Fixed Price for the associated Line Item identified on the contract for cleaning. Costs for residue disposal shall also be included in the price for cleaning and not broken out separately.

Line Item 0004: ISO Container – Maintenance/Repair.

This line item is for the contractor to perform ISO Container maintenance/repair. The contractor will be required to furnish chassis to transport containers and equipment to load/unload containers. The costs for chassis, loading/unloading equipment and transporting containers between the container storage facility and the location where the maintenance/repair of containers is conducted, shall be reimbursed on a cost basis only and shall not include any added profit. Contractor shall be reimbursed actual costs for repairs after submission of evidentiary and supporting documentation for repair(s). Repairs shall be authorized prior to performance by the COR, otherwise the costs may not be reimbursed. Refer to section 2.14 Reimbursable Expenses to The Contractor for further details.

Line Item 0005: Inspection.

This line item is for the Contractor to perform ISO container inspections. Contractor will be required to furnish chassis to transport containers and equipment to load/unload containers. The costs for chassis, loading/unloading equipment and transporting containers between the container storage facility and the location where the inspection of containers is conducted, shall be included within the Firm Fixed Price for the associated Line Item identified on the contract for inspection.

2.8 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.

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

Labor employed by the contractor must have valid Driver’s License and be knowledgeable of and abide by laws/rules pertaining to the transport of flammable liquids, including the associated labeling and placarding of

HAZMAT.

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.

2.9 SECURITY AND SAFETY REQUIREMENTS. The contractor personnel shall comply with the following security requirements in the execution of their assigned duties.

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.

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

Drivers are prohibited from carrying weapons while performing any time during this contract.

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

2.10 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. For purposes of this clause, the term fuel includes all petroleum and additive products.

2.11 RESPONSIBILITIES: The Government and the contractor will operate as a team to ensure standards, as established in CFR 49 and Appendix C and D, are met and maintained in the performance of the contract.

2.11.1 Contractor Responsibilities:

In addition to what has been described above in Task 1-5. The contractor shall maintain and operate all equipment in accordance with applicable U.S. Department of Transportation (DOT), federal and state 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.

Security: The Contractor shall provide security for all DoD–Leased ISO Containers while in their possession for tasks listed to be performed at the Contractor’s facility or while ISO containers are being transported, to protect against theft and vandalism of ISO containers while under the direct control of the Contractor.

2.11.2 Government Responsibilities:

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

Cargo Routing: Provide cargo routing instruction to the contractor IAW the Hawaii Region Supply Planner direction and guidance.

Order Services: Order all loading and unloading services and schedule all movements. Technical Directives (Orders) will be issued by email as “Workload Assignments” and will have a Workload Assignment number associated with it (i.e. Workload Assignment #001 against Task Order SPE602XXXXXX). The Contractor shall annotate the Workload Assignment number on all correspondence related to that Order, to include invoices submitted in WAWF for payment. The Government is responsible for providing Orders to the contractor at a minimum of 48 hours in advance of expected pick up of ISO containers for transportation for Testing, Inspection, Cleaning and Maintenance.

For Orders that are for transportation of containers on island (from one location to another) or for transportation of filled containers to the designated port (with the intent for onward movement from the port by vessel arranged by the Government), the Government is responsible for providing Orders to the contractor a minimum of 48 hours in advance of the date of movement. The ordering office will be DLA Energy Hawaii Supply Planners. Contact info is phone: 808-786-2393.. 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. Detailed point of contact information will be provided at the time of award.

Notify Receiving Activities: The Hawaii Region Supply Planner Inventory Manager will notify the receiving activities of the scheduled arrival of the ISO containers, including estimated date and time of arrival.

Authorize Access: Assist authorized representative of the contractor in gaining access to all facilities to load and discharge as necessary. If contractor doesn't already have a Defense Biometric Identification System (DBIDS) (https://dbids-global.dmdc.mil/enroll) for access to Joint Base Pearl Harbor/Hickam, then the DLA Energy Hawaii Region Office will send copy of JBPHH 0-180 (Temporary Access Request) to the contractor to be filled out and returned for submission to Base Pass ID office.

https://dbids-global.dmdc.mil/enroll

Supply Required Forms: Supply the contractor with all documentation necessary for loading, discharging or dropping off ISO containers at designated locations.

Clarifications/Answers/Interpretation of Contract Terms or PWS: The Contractor is responsible for initially contacting the or COR for all questions regarding orders of Workload Assignments. 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 Specialist and the Contracting Officer administering the contract (See section 3.6)

2.12 CONTRACTOR FURNISHED EQUIPMENT: The contractor shall furnish all supplies, materials, and equipment necessary to perform the services contract under the award of this contract.

2.13 GOVERNMENT FURNISHED EQUIPMENT:

ISO Containers: ISO Containers are government furnished equipment. In accordance with FAR 52.245-1 (c) (1) Government Property (Jan 2017); The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer.

ISO Containers provided meet the following requirements:

IS0 9002 Certified Top loading Front loading 3” BSP Threaded Estimated Capacity of 24,000 liters or 6,340 U.S. gallons

All ISO containers used to transport U.S. Government fuel hereunder shall have been prepared in accordance with the most recent version of MIL-STD-3004 w/Change 1, TABLE 1 (See Appendix D) prior to loading. The U.S.

Government shall perform quality checks on each container prior to and after loading at origin in accordance with Appendix A. The QAR will perform visual inspections of interior and exterior for cleanliness. In addition, the QAR or Government Representative will also review last known substance paperwork.

Loss or Contamination Liability: The contractor assumes full liability for, and agrees to reimburse the Government, for the actual loss or contamination to the cargo it receives for transportation, except when loss and/or damage arise out of an “Act of God” or “Force Majeure.”

Damage Due To Contractor Negligence: The contractor shall be liable for damage to Government property resulting from negligence on the part of the contractor. The contractor must also reimburse the Government for actual expenses incurred by the Government due to breakdown of contractor’s equipment or delay due to negligence of the contractor, which prevents prompt acceptance or delivery of intended cargo. The contractor shall also be responsible for lost cargo in route, caused by equipment failure, such as a spill.

2.14 REIMBURSABLE EXPENSES TO THE CONTRACTOR:

Any work to be performed under Task 4, section 2.6.4 (Line Item 0004) shall be performed on a cost-reimbursable basis and reimburse via a Time and Materials CLIN. The contractor shall submit details/costs to the COR for discussion with the Contracting Officer to obtain approval of the work PRIOR to services being performed.

The Government will not reimburse the contractor for repairs caused by the contractor while the ISO containers were in the custody of the contractor do to negligence or reckless behavior.

The Government shall allot a Not to Exceed (NTE) amount as part of the budgeted Task 4 Maintenance/Repair expense under any resultant contract. The NTE amount will be capped at 10% of the overall contract value of any resulting award. Refer to the CLIN schedule to determine the applicable NTE amount.

Invoices for any additional service outside a Line Item identified on the contract will require submittal on a separate invoice and be considered a claim for review by the Contracting Officer.

COR Approval: All reimbursable expenses, including repairs, must be approved in advance by the COR. The government will not be liable for any taxes, fees, tariffs, licenses or other costs or expenses associated with performance on this contract other than those specifically referenced herein.

The costs for residue disposal under Task 2 section 2.6.2 (Line Item 0003) shall be included in the cost for cleaning and not priced separately as indicated in Section 1 and is not considered a reimbursable cost, but included within the Firm Fixed Price of cleaning.

2.15 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 CO, 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 CO 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 CO or COR in the manner prescribed by this article and within the CO 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 CO 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 WORK ORDERING PROCEDURES: 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, Workload Assignment number and Contract Line Item Number (CLIN).

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 1.4. 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. Contractor will also contact the COR regarding any questions about surcharges or claims, and estimated costs of repairs and work being completed as stated in sections 1 and 2.5. As indicated in section 2.2.8., 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 CO 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) Tony D, Scales DLA Energy Hawaii Region Supply Planner DLA Energy Hawaii Comm: 808-786-2393/ Work Cell: 808-224-7440

DSN: 315-436-2393

Email: Tony.Scales@dla.mil

Contract Specialist Primary Point of Contact Maria Norfleet Bulk Petroleum Products Business Unit (FEBB) DLA Energy Maria.norfleet@dla.mil Phone: 571-767-9122

Secondary Point of Contact:

mailto:Tony.Scales@dla.mil mailto:Maria.norfleet@dla.mil

Adam Gugelman Bulk Petroleum Products Business Unit (FEBB) DLA Energy adam.gugelman@dla.mil Phone: 571-767-4962

Contracting Officer (CO):

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 -Hawaii shall act as the U.S. representative in Honolulu, Hawaii.

DLA Energy –Hawaii may designate other agencies to perform quality assurance surveillance and receipt duties at destination.

DLA ENERGY-Hawaii East Pac 1025 Quincy Avenue Bldg 479, Suite 2000 Pearl Harbor, Hawaii 96860-4512 Telephone: (808) 786-2304/(808) 783-2078 Energy_HawaiiEast_Pac@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. 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 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-Hawaii or US Government designated representative being present or without their prior approval. If the US Government determines the tanks/containers have been tampered with while out of the Contractor’s possession, DLA Energy will address the issue with the assigned U.S. Government representatives and relieve the Contractor of any liability. If during the investigation, there is no wrong-doing found on the part of the U.S. Government representative or its agents, the Contractor may be held responsible.

4.3 Quality Discrepancies: Quality discrepancies shall be investigated and reported to the COR. The COR will report to the Region QAR for action.

Product Quality Deficiency Reports containing all of the required information shall be transmitted to:

DESC.QAoffice@dla.mil and the DLA Energy Indo-Pacific Quality Manager.

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

Provide numbered seals at origin.

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

Prepare a 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.

4.4.1 Shipping Documentation: Verification of shipping documentation:

Verify that the delivery is to correct delivery location.

Verify that correct product is reflected on the shipping document.

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

mailto:adam.gugelman@dla.mil mailto:Bryan.Simmons@dla.mil mailto:DESC.QAoffice@dla.mil

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

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

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.

Verify that tank hatches are secured and that the screws, if any, are actually welded and not fake welded so that someone could disassemble the hatch, and remove fuel without tampering with the seals.

Verify that the ISO 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.

Verify that the gaging/sampling 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 gaging/sampling port to enable a false measurement being taken because the gaging/sampling port thereby extends below the level of the fuel storage tank.

4.4.3 Product: Verify that product delivered is product ordered.

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

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

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 during transport.

U.S. Government representatives may conduct inspections on transport trucks, and/or transport vessels 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, and other documents for all products delivered. Receipts shall be signed by the authorized QAR or U.S. Government Representative.

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

The contractor shall deliver to designated Government destinations all product loaded into government furnished tanks/containers as documented by the DD Form 1348-7 or other shipping documents. Risk of loss or damage to the supplies provided shall remain with the contractor until delivery has been made to the Government at the destination specified in the contract.

Contractor shall allow, as requested, weight checks at time of transfer of tanks/containers from truck transport to vessel transport as determined as necessary by DLA Energy Hawaii, QAR, or other U.S.

Government appointed representative.

5.0 DELIVERABLES:

5.1 Contractor Plans. The description of the plans below is guidance and not all inclusive. Plans will comply with applicable guidance and regulatory requirements. Other accredited documentation, as agreed to by the Government, to assess fuel operations and support capabilities (e.g. certificates or licenses to operate) is authorized. Prior to operational start date/receipt of DLA Energy owned product, or as otherwise specified, the contractor shall provide to the Contracting Officer (CO) the following plans or other accredited documents for review and acceptance:

5.1.1 Contract Compliance Plan (CCP) The contractor is responsible for ensuring compliance with all contract performance requirements. As such, the contractor shall develop an inspection system acceptable to the Government for monitoring overall contract performance. The inspection system is to include a written CCP developed and used by the contractor to measure performance on a continuous basis. The CCP shall include performance requirements for all of the services and tasks listed in this PWS and the contractor’s own performance based plans. General performance criteria shall include the contractor’s ability to provide continuous support capabilities as specified in this PWS, record keeping and reporting procedures pertaining to administrative requirements. The CCP shall include time specific checklists for evaluation of all operational and preventive maintenance requirements. The CCP shall address procedures for corrective actions including the resolution of Corrective Action Reports (CAR) and Quality Deficiency Reports (QDR) generated by the Government. The contractor shall submit the CCP to the CO for review and approval within 60 days after contract award. Any disagreement by the contractor with the CO's assessment of the CCP will be resolved at least one level higher than the CO. The CCP shall be made available for Government review, upon request, at any time during the contract performance period. The CCP may be used by the Government for monitoring and assessing contract performance.

5.2 Event Report. An Event Report allows the contractor and DLA Energy to track the identification, investigation, and resolution of any issues affecting contract performance. A detailed event report will be submitted by the contractor upon request from the CO and will include as applicable date, location, tank number, load point, movement information, event description and current status.

5.3 Fuel Loss Report. The contractor is responsible for the safeguarding of fuel product and reporting any loss of product to a U.S. Government authorized representative upon the submission of a delivery ticket. Fuel losses exceeding tolerance limits identified in DoD 4140.25-M, para D.2.b will be followed up with a written fuel loss report within 24 hours. The report will contain the date, tank number, quantity lost, document number, fuel type and a detailed explanation of how the fuel loss occurred to include possible causes.

5.4 Accident Report. The contractor is responsible for providing accident information to the CO after any accident involving personnel injuries. The report will contain the date, location, number of personnel injured, type of injuries, accident description and current status. The report shall be submitted to the COR within 24 hours following the occurrence.

5.5 Driver Report. A drivers report is due upon contract commencement to the Government Representative at JBPHH and the COR when employee changes are made by the contractor. The drivers report will contain current drivers, new drivers required, and expected arrival dates.

5.6 Damage and Loss Reports. During operation under this contract, in all instances where cargo, contractor’s equipment, or private or Government property is damaged, lost, or pilfered while in the care, custody, or possession of the contractor or through handling by the contractor’s employees, agents, or subcontractors, the contractor shall submit a full written report of the facts and the extent of such damage or loss to the COR within 24 hours following the occurrence or discovery. Details should include how the damage occurred, investigation detail, and an estimate of how and when reimbursement for damages will occur.

5.7 Deliverables Table: The below table represents all deliverables due by the contractor to the Government after contract award. The reference provided the Table represents the section of the PWS/solicitation, or resultant contract that outlines the requirement specifically. The “Deliverable/Event” column represents the title / type of the item or product due and what format it shall be provided. The “Delivery Timing” column is the frequency and due date when it is the responsibility of the contractor to deliver to the COR, or other designated representative as specified in the referenced requirement section. Unclassified deliverables and correspondence shall be delivered to the DLA Energy COR at the address specified.

Upon submission, all deliverables shall become the property of the Government. All audits, review of records, preparation and report submittals must be completed by the contractor within the applicable period or deadline.

Deliverables Table 1:

CDRL # PWS

Section

Deliverable/Event Objective/Description Delivery Timing

A0001 5.1.1 Contract Compliance

Plan for ensuring contract compliance

Submitted within 60 days after contract award.

A0002 5.2 Event Report Detailed report of identification, investigation, and resolution of any issues

Upon Request

A0003 5.3 Fuel Loss Report Report of fuel losses exceeding tolerance limits identified in paragraph 4.6.3.2

Within 24 hours of loss

A0004 5.4 Accident Report Report of any accident involving personnel injuries

Within 24 hours of accident

A0005 5.5 Driver Report Report containing current drivers, new drivers required, and expected arrival dates

Upon contract commencement and for employee changes

A0006 5.6 Damage and Loss Report

Report of cargo, contractor’s equipment, or private or Government property is damaged, lost, or pilfered

Within 24 hours of occurrence or discovery

5.8 Performance Service Delivery Summary (SDS): The SDS (see Appendix C) represents important contract objectives that, when met, will ensure contract performance is satisfactory. Although not all PWS requirements are listed in the SDS, the contractor is fully expected to comply with all requirements in the PWS. The SDS serves as a point of reference for the contractor and Government to measure the services provided. The COR will be the technical expert to validate the SDS/Performance Threshold. The CO will issue a Contractor Discrepancy Report when the contractor’s performance is unsatisfactory. The contractor shall reply in writing within 24 hours, giving reasons for unsatisfactory performance and identifying the corrective action(s) to be taken to prevent recurrence.

APPENDIX A: Definitions

Contractor: The individual, person or group of persons, partnership, company or corporation specifically named and contracted by/with the Government to fulfill the terms of this contract document. The term “Contractor” as used herein refers to the partnership, company or corporation as a whole or any individual, attendant, technician, operator, driver, dispatcher, or laborer who may be acting on behalf of the Contractor.

Contracting Officer (CO): Includes Procurement Contracting Officer (PCO) and Administrative Contracting Officer (ACO) functions.

Contracting Officers Representative (COR): The individual designated in writing by the contracting officer to act as the contracting officer’s authorized representative to monitor specific aspects of the contract and take action as authorized in the letter of appointment.

Quality Assurance Representative (QAR): Government representative with duties to perform, inspect, administers, and/or advise on work concerned with assuring the quality of products, equipment and services acquired and used by the Government.

Force Majeure: Force Majeure literally means "greater force". These clauses excuse a party from liability if some unforeseen event beyond the control of that party prevents it from performing its obligations under the contract.

Typically, force majeure clauses cover natural disasters or other "Acts of God", war, or the failure of third parties--such as suppliers and subcontractors--to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party.

Out-of-Pocket: Local port fees or similar charges incurred. Such fees or expenses may include those for tolls, port charges, or charges for minor repairs.

Appendix B: Abbreviations and Acronyms

ABBREVIATIONS AND ACRONYMS

DBIDS Defense Biometric Identification System

DoD Department of Defense

DoT Department of Transportation

DTR Defense Transportation Regulation

FSII Fuel System Icing Inhibitor

NMT No More Than

POE Port of Embarkation

SDS Service Delivery Summary

Appendix C: Performance Service Delivery Summary

Performance Objectives

PWS

Paragraph

Performance Thresholds

ISO Container Cleaning

2.6.1. NMT two (2) failures per year to provide equipment

clean and free of contaminates.

Transportation 2.6.2. NMT four (4) failures per year to deliver equipment to designated locations at designated time.

Testing 2.6.3. 100% performance of mandated Integrity Test.

ISO Container/Chassis Maintenance/Repair

2.6.4. 100% of required maintenance and repair.

APPENDIX D: MIL-STD-3004-1

TABLE 1

Conversion Chart for Truck Tank (TT) Cars, Truck Tank wagons (TW), Tank & Trailer (TRR), and Intermodal Containers (IMC)) 1, 2

LAST PRODUCT CARRIED

PRODUCT TO BE LOADED5

Gasolines: MUR, MUM,…