Attachment_1_-_Bulk_Fuel_PWS_5_Aug_2014.pdf

Contract (FA5270-XX-X-XXXX)

PERFORMANCE-BASED WORK STATEMENT

(PWS)

FOR

Bulk Fuel Delivery On US Military Installations

Okinawa

DLA-ENERGY OKINAWA

Dated 5 Aug 2014

PERFORMANCE WORK STATEMENT

TABLE OF CONTENTS

SECTION PAGE

1 DESCRIPTION OF SERVICES 3

2 SERVICES SUMMARY 3-4

3 GOVERNMENT FURNISHED PROPERTY AND SERVICES 4-5

4 GENERAL INFORMATION 5-11

5 APPENDIX (A-D) 12-15

A-ACRONYMS AND ABBREVIATIONS

B-Delivery List F76 C-Delivery List JP8 D-Delivery List JP5

1. DESCRIPTION OF SERVICES.

The contractor shall provide all management, tools, supplies, equipment, and labor necessary to operate and maintain Bulk Fuel Delivery Services.

1.1. Loading. At the fuel loading point the contractor’s truck will be inspected for all safety requirements which are outlined using the fuel loading inspection checklist at each terminal.

1.2. Calibration of Vehicle Meters. All vehicles meters will work properly 100% of the time and meters will be calibrated every 6 months. Contractor will be responsible for calibration.

1.3. Deliveries.

a. On-call Deliveries. Those orders placed by on-call customers to the COR or his/her designated representative for deliveries other than automatic deliveries. The contractor shall respond by the close of business of the next regular duty day after receiving notification of an on call delivery.

b. Contractor shall maintain ample insurance to fully cover the damages and environmental remediation for fuel/petroleum spills arising from performance under this contract. Contractor shall be fully and solely liable for any damages resulting from such spills. Contractor shall not hold the government liable in any way for damage due to performance under this contract.

1.4. U.S. Air Force Requirements. Unit member will be needed for JP8 sales as the individual unit custodian and the COR sign the DD1149 after the receipt of fuel ordered.

1.5. Emergency Response. In the event of an emergency the contractor will be required to load the recovered fuel (JP5/JP8/F76) from the designated area of the emergency and transport the fuel back to the DLA-Energy Okinawa Kuwae1, White Beach and/or Chimuwan 3 Terminals. Upon notification of the emergency the contractor should be on site of the emergency location no later than 24 hours.

1.6. Returned Fuel. In the event that the ordering unit or vessel is unable to take the entire loaded product of JP8 or JP5 that was ordered, DLA-Energy Okinawa will notify DLA-Energy Pacific in an email of the customer returned fuel order. The Contractor will invoice the CLIN associated with the payment for transportation costs of returned fuel as set forth in the contract. DLA-Energy Okinawa will collect all supporting documentation and send them to the DLA-Energy Pacific POC.

1.7 Cancellations. In the event that the ordering unit or vessel cancels their requirement for the fuel, the contractor or DLA-Energy Okinawa COR will be notified of the cancellation 24 hours in advance.

2. SERVICES SUMMARY.

The Contractor service delivery requirements are summarized into performance objectives that relate directly to standards of performance required to meet contract requirements. For the Performance Objective to be met, service delivery must be in substantial compliance with applicable performance standards. The Performance Threshold describes the minimum overall levels of service delivery required for acceptable quality control. Failure to meet these Performance Thresholds means that contractor Quality Control is unacceptable.

SERVICE SUMMARY.

Performance Objective PWS paragraph Performance Threshold

Calibration of Vehicle Meters.

1.2 Meter works properly 100% of

the time.

Perform Bulk Fuel Delivery Services On-Call Deliveries

1.3.

1.3.b

On Call deliveries are performed timely 90% of the time.

Emergency Response 1.5 On site of emergency no later than 24 hours after notification of emergency.

Customer Service ALL No more than (3) valid customer complaints per month.

Environmental: All environmental requirements are met IAW the PWS

4.10 No more than (3) valid customer

complaints per month.

Safety: all safety requirements are met IAW the PWS

4.11 No more than (3) valid customer

complaints per month.

3. GOVERNMENT FURNISHED PROPERTY AND SERVICES.

3.1. Equipment.

3.1.1. DLA-Energy Okinawa shall provide, without cost, materials and, if required, equipment and/or services listed below:

3.3. DLA-Energy Okinawa shall furnish to the contractor the new quick disconnect half (male side) of the single point receptacles (1560-00-949-2087) permitting DLA-Energy Okinawa fuel stand hoses to connect to the contractor’s trucks, and fuel pressure cap (1560-00-516-9029) to keep dust and dirt out of the receptacle when not in use.

3.4. DLA-Energy Okinawa shall furnish new self-locking, standard type numbered seals (5340-00-081- 3381). Seals shall be affixed only by DLA-Energy Okinawa personnel, and shall be used to seal hatch and gauge stick covers, bottom compartment drains, and the covers to any openings which would permit the removal of petroleum from the tank truck without passing through the meter and dispensing.

3.5. The single point receptacle and dust fittings listed in paragraph 3.3 are on-hand and available from the Property Book Office, DLA-Energy Okinawa. Replacement Fittings will be provided on an exchange basis when initially provided fittings become unserviceable. The self-locking, standard type numbered seals are on-hand at Kuwae tank farm.

3.6. Be responsible for safeguarding all government property provided for contractor use. Contractor personnel shall be limited to their work area. Access or escorted entry shall be coordinated with the Facility Manager. If the contractor is unable to contact the Facility Manager, call the COR.

The contractor shall promptly repair or replace at his sole expense any U.S. government or private property damaged by any subcontractor, employee or agent.

3.7. Delivery Of Bulk Fuel Delivery Documentation.

3.7.1. The Truck Delivery Meter Ticket and HQ 10th ASG Form 8-32 “Product Transfer Document” will be delivered by the Contractor the next business day after a delivery to Chibana Compound Bldg#53115B Second Floor. Materials will be delivered to the COR or and appointed alternate at the mentioned delivery point.

4. GENERAL INFORMATION.

4.1 QUALITY CONTROL.

The policy of the Government for Contractor Quality Control and applicable definitions are provided in the Federal Acquisition Regulations in Part 46. The Contractor is required to control the quality of service delivery and offer to the Government for acceptance only services which conform to contract requirements. The overall control of quality must meet the specified performance thresholds for each requirement in the Services Summary.

4.1.1. Quality Control Program. The contractor shall provide a complete Quality Control Plan (QCP) to ensure the requirements of the contract are provided as specified. The contractor shall provide a QCP describing the inspection system for the requested services listed in the PWS. The contractor shall develop and implement procedures to identify, prevent and ensure non-recurrence of unacceptable services. The contractor shall provide a copy of the QCP and if, update and changes occurred shall be submitted for review by the Contracting Officer (CO).

4.1.2. The contractor’s QCP shall contain, as a minimum, the following items:

a. A description of the inspection system to cover all services. Description shall include specification as to the areas to be inspected on a scheduled and unscheduled basis, frequency of inspections, and the title and organizational placement of the inspector(s).

b. A description of the methods to be used for identifying and preventing defects in the quality of service performed.

c. A description of how the records will be kept. Records must document all inspections and corrective or preventive actions taken.

4.1.3. Records of inspections shall be kept and made available to the Government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.

4.2 QUALITY ASSURANCE.

The government will periodically evaluate the contractor’s performance by appointing a representative(s) to monitor performance to ensure services are received. The government representative will evaluate the contractor’s performance through intermittent on-site inspections of the contractor's quality control program and receipt of complaints from base personnel. The government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints. Likewise, the government may decrease the number of quality control inspections if merited by performance. The government will also investigate complaints received from various customers located on the installation. The contractor shall be responsible for initially validating customer complaints. However, the government representative shall make final determination of the validity of customer complaint(s) in cases of disagreement with customer(s).

4.2.1 The Contract Officer Representative (COR) is the authorized government representative(s) who will perform assessments of the contractor’s performance. Subsequent to contract award, the identity of the COR(s), with a letter defining their duties and authority will be promptly furnished to the successful bidder/offeror.

4.2.2 The COR(s) or alternate(s) will inform the contract manager in person when discrepancies occur and will request corrective action. The COR(s) or alternate(s) will make a notation of the discrepancy on their surveillance checklist with the date and time the discrepancy was noted and will request the contract manager (or authorized representative) to initial the entry on the checklist.

4.2.3 Any matter concerning a change to the scope, prices, terms or conditions of this contract shall be referred to the Contracting Officer and not to the COR(s).

4.2.4. The services to be performed by the contractor during the period of this contract shall at all times and places are subject to review by the Contracting Officer or authorized representative(s).

4.3. SECURITY REQUIREMENTS.

Security and base access requirements are contained in FAR clause 5352.242-9000 “Contractor Access to Air Force Installations.” Contractor employees will be required to obtain and display identification badges. Anticipate delays in getting commercial vehicles on base and allow time for commercial vehicles to reach their destination by driving designated routes at posted speed limits throughout the base.

Procedures for commercial vehicle access to the base are subject to change without prior notice.

4.3.1. ID Passes, Badges and Vehicle Stickers: The contractor is responsible to obtain such clearances and/or passes as required for his/her employees to enter military installations on Okinawa prior to work.

The contractor shall be responsible for all passes issued to his/her employees under this contract.

Applications shall be coordinated through the Contracting Officer or designated representative. At the time of application, Security Forces may conduct a background check on employees. Upon termination of employment, the contractor shall be responsible for returning identification cards and base passes to Security Forces within 24 hours.

4.4. HOURS OF OPERATION.

4.4.1 Delivery Hours. Normal delivery hours are 0730-1630 daily, Monday through Friday, except for US legal holidays. In the event deliveries cannot be completed during normal delivery hours, deliveries may be completed after normal delivery hours and on Saturdays. The contractor will contact COR to make arrangements for deliveries after normal delivery hours.

4.4.2. Recognized Holidays. The contractor is not required to provide service on the following days:

* 1 January New Year’s Day 3d Monday of January Martin Luther King’s Birthday 3d Monday of February President’s Day Last Monday of May Memorial Day

* 4 July Independence Day 1st Monday of September Labor Day 2d Monday of October Columbus Day

* 11 November Veterans’ Day

4th Thursday of November Thanksgiving Day

* 25 December Christmas Day

* If these holidays fall on a Saturday, the preceding Friday will be observed, and if these holidays fall on a Sunday, the following Monday will be observed, unless otherwise notified with at least one (1) week advance notice. If a holiday falls on a regular workday, the services shall be rescheduled in the same week to either the day preceding or following the holiday.

4.4.3. Emergency Services. On occasion, services may be required to support an activation or exercise of contingency plans outside the normal duty hours described above.

4.5. OPERATION DURING TYPHOON CONDITIONS. When Tropical Cyclone Condition Readiness 2 (TCCOR 2) is declared, all work will cease immediately. The Contractor will clean up and dispose of all loose debris and waste as directed by the COR to secure the job site against damage that may result from anticipated weather conditions. Contractor responsibility shall remain the same during tropical cyclone declaration “Tropical Cyclone Condition of Readiness 1 Caution (TCCOR1C).” Upon the declaration of TCCOR1C, the contractor employees shall be excused from all duties. Upon declaration “Tropical Cyclone Condition of Readiness 1 Recovery (TCCOR1R),” the contractor will immediately be available for duty.

4.6. RECORDS.

The contractor shall be responsible for creating, maintaining, and disposing of only those government required records that are specifically cited in this PWS or required by the provisions of a mandatory directive listed in Applicable Publications and Forms. If requested by the Government, the contractor shall provide the original record or a reproducible copy of any such record within five working days of receipt of the request.

4.7 ENVIRONMENTAL CONTROLS.

4.7.1. Compliance with Laws and Regulations. The contractor shall be knowledgeable of and comply with all applicable Japan Environmental Governing Standards (JEGS), Interstate, Federal, State, and Local laws, regulations, and requirements regarding environmental protection. In the event environmental laws/regulations change during the term of this contract, the contractor is required to comply as such laws come into effect. If there is an increase or decrease in cost as a result of the change, the contractor shall inform the Contracting Officer pursuant to notice requirements and negotiate a modification to the contract.

4.7.2. Notification of Environmental Spills. If the contractor spills or releases any fuel being carried in the contractor’s vehicles or any substance contained in 40 CFR 302 into the environment, the contractor or its agent shall immediately report the incident to the Fire Department at the delivery location (911).

The liability for the spill or release of such substances rests solely with the contractor and its agent.

4.7.3. Material Storage and Use. The contractor shall follow manufacturer’s guidelines and professional recommendations for control of humidity, temperature, cleanliness, and materials handling. This includes hazardous materials.

4.7.4. The contractor shall carry spill kits/materials on all vehicles suitable for the material being carried.

4.8 SAFETY REQUIREMENTS.

In performing work under this contract the contractor shall:

4.8.1 Conform to the safety requirements contained in the contract for all activities related to the accomplishment of the work.

4.8.2. Perform work in a safe manner as required by OSHA 2206, General Industry, Occupational Safety and Health Standards (29 CFR 1910) and Japan Environmental Governing Standards (JEGS) by US Force Japan.

4.8.3. Develop and provide at the start of the orientation period or the start of the first operational performance period (if there is no orientation period) a safety plan for the protection of government facilities and property and to provide a safe work environment for contractor personnel.

4.8.4. Provide protection to government property to prevent damage during the period of time the property is under the control or in possession of the contractor.

4.8.5. Include a clause in all subcontracts to require subcontractors to comply with the safety provisions of this contract as applicable.

4.8.6. Record and report promptly (within one hour) to the contracting officer or designated government representative (GR), all available facts relating to each instance of damage to government property or injury to either contractor or government personnel.

4.8.7. In the event of an accident/mishap, take reasonable and prudent action to establish control of the accident/mishap scene, prevent further damage to persons or property, and preserve evidence until released by the accident/mishap investigative authority through the contracting officer.

4.8.8. If the government elects to conduct an investigation of the accident/mishap, the contractor shall cooperate fully and assist government personnel in the conduct of investigation until the investigation is completed.

4.8.9. Include a clause in each applicable subcontract requiring the subcontractor's cooperation and assistance in accident reporting and investigation.

4.9. PHASE OUT.

4.9.1 If there is a change in contractor or if the operation reverts to in-house, the incumbent contractor will provide familiarization, to the government or the follow-on contractor, whichever the case may be.

During the phase-out familiarization period, the incumbent will be fully responsible for the operation 30 days before the contract expires.

4.9.3 The government reserves the right to conduct site visits in all contractor operated facilities in conjunction with the solicitation of offers for the follow-on contract. In the event the follow-on contract is awarded to other than the incumbent, the incumbent contractor will cooperate to the extent required to permit an orderly change over to the successful contractor. With regard to the successor contractor’s access to incumbent employees, a recruitment notice may be placed in each facility.

4.10 PUBLICATIONS.

4.10.1 Compliance with all publications, regulations and operating instructions provided by the Government is required when:

4.10.2 They pertain to the procedures for materials expediting herein and where the contractor is authorized by the statement of work to accomplish the work specified in the publication, regulation or operating instructions.

4.10.3 The publications prescribe USAF policies, use of materials, procedures and processes applicable to the work requirements.

4.10.4 The contractor is required to acquire and work on the latest version of the publication.

4.11. CONTRACTOR PERSONNEL.

4.11.1. Contract Manager: The contractor shall provide a contract manager and alternate contract manager (responsible in the absence of the contract manager) who shall be responsible for the performance of the services. The names of the contract manager and alternate(s) shall be provided to the CO in writing prior to the beginning of the first performance period. The contract manager and alternate(s) must be able to read, write, speak, and understand English.

4.11.1.1. The contract manager and alternate shall have full authority to act for the contractor on all contract matters relating to daily operations of this contract.

4.11.1.2 The contract manager or alternate shall be available during normal duty hours within two (2) hours to meet on the installation with government personnel (designated by the CO) to discuss problems.

After normal duty hours the manager or alternate shall be available within four (4) hours.

4.11.2. Contractor Employees: The contractor shall not employ persons for work on this contract if such employee is identified to the contractor by the CO as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

4.11.2.1. Contractor personnel shall present a neat appearance and be easily recognized as contractor employees. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges, which contain the company name and employee name in English.

4.11.2.2. The contractor shall not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest. Additionally, the contractor shall not employ any person who is an employee of the Department of the Air Force, either military or civilian, unless such person seeks and receives approval according to DOD 5500-7-R Joint Ethics Regulation. The contractor shall not employ any person who is an employee of the Department of the Air Force if such employment would be contrary to the policies in AFI 64-106.

4.11.2.3. The contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, change in duty hours or deployment. Military Reservists and National Guard members may be subject to recall to active duty. The abrupt absence of these personnel could adversely affect the contractor’s ability to perform; however, their absence at any time shall not constitute an excuse for nonperformance under this contract.

4.12. JAPANESE ROAD LAWS.

4.12.1. The contractor shall comply with Japanese Road Laws while on US Military installations to specifically include: Article 43 The Road Law (Japan) (prohibited acts relative to roads). No person shall commit the following described acts:

4.12.1.1. Damaging the road, causing roads to be littered with debris, polluting the roads with debris or fallout from motor vehicles or otherwise defacing roads unreasonably or without due cause.

4.12.1.2. Article 43-2 (Measures to be taken to prevent cargo or things loaded on motor vehicles from falling out)

4.12.2. The agency managing a road may when there is reasonable cause for him to feel that items or cargo being carried in or on a motor vehicle may fall out and damage, pollute, or otherwise deface the road in such manner as to hinder or obstruct the traffic, order the operator of the vehicle in question to take steps or measures necessary to prevent occurrence of such hindrance by stopping operation of the vehicle, or correcting the method of loading or traveling or operation of the vehicle.

4.13. REQUIRED INSURANCE BY JAPANESE LAW.

4.13.1. The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance on each vehicle used by the Contractor at the work site.

4.13.1.1. Type: Automobile Property Damage Insurance Amount: ¥3,000,000 or Dollar equivalent, Bodily Injury Insurance, Amount: ¥30,000,000 or Dollar equivalent

4.13.1.2. All vehicles must be properly inspected/insured in accordance with Japanese Compulsory Insurance (JCI) requirements.

4.13.2. Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the U.S. Government in such insurance shall not be effective for such period as may be prescribed by the laws of the state in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

4.14 MEDICAL.

4.14.1 Health care and medical evacuations or emergencies rest solely with the contractor and its agent.

4.15 SUBMISSION OF INVOICES.

The contractor’s invoice shall indicate the following:

a. Contractor’s name, address, phone number, fax number and e-mail address

b. Contract/Purchase or Delivery Order Number/Contract Line Item Number

c. Billing period or date supplies/services were received or rendered

d. Adequate description of supplies/services

f. Quantities of supplies/services received or performed

g. Total amount

h. Printed name, title, organization, and telephone number of designated government official.

Invoices (one original) shall be submitted to the COR at Chibana Compound for certification not later than the first working day of the month immediately succeeding the billing month. Delays in the submission of invoices will cause eventual delays in payments.

4.15.1 Payments. Payment will be made in yen to the contractor upon submission of proper invoices. The requiring activity’s representative (the COR), who certifies invoices, shall submit them to the following paying office :

Defense Finance and Accounting Service (DFAS) Japan

DFAS (DFAS-JRLF)

Unit 5220

APO AP 96328-5220

E-mail: DFAS-JP-VPISA@dfas.mil

4.16. CONTINUATION OF ESSENTIAL DOD CONTRACTOR SERVICES DURING

CRISIS IAW AFI 62-124 para 2.7.1 DoDI 3020.37 This requirement is considered mission essential and contractor shall provide Bulk Fuel Service during crisis.

5.0 APPENDIX

ACRONYMS AND ABBREVIATIONS LIST

APPENDIX A

Acronym/Abbreviation Definition

AF Air Force

AFB Air Force Base

CFR Code Federal Regulation

CO Contracting Officer

DEPT Department

DOD Department of Defense

FAR Federal Acquisition Regulation

GR Government Representative

OSHA Occupational Safety and Health Act

PBSA Performance Based Service Acquisition

PWS Performance-Based Work Statement

QA Quality Assurance

COR Contracting Officer Representative

QCP Quality Control Plan mailto:DFAS-JP-VPISA@dfas.mil

SS Services Summary

USAF United States Air Force

APPENDIX B (F76)

TO

PWS FOR BULK FUEL DELIVERY ON US MILITARY INSTALLATIONS

DLA-ENERGY OKINAWA

BUILDING/TANK NUMBER

F76

WHITE BEACH

F76 Bunkers to USN Vessels

APPENDIX C

PWS FOR BULK FUEL DELIVERY ON US MILITARY INSTALLATIONS

JP8

CAMP COURTNEY CAMP FOSTER

4107 5828

CAMP HANSEN CAMP KINSER

2171 308

MCAS CAMP SHIELDS

630 8236A

CAMP SCHWAB CHIMUWAN TANK FARM

3254B Chimuwan Terminal 3

APPENDIX D (JP5)

PWS FOR BULK FUEL DELIVERY ON US MILITARY INSTALLATIONS

JP5

CAMP HANSEN

2498A 2498B

JP5 BUNKERS TO USN VESSELS

MCAS FUTENMA

609B, 609A, 661, 662, 639

KUWAE TANK FARM

Kuwae Terminal 1

4.11.2. Contractor Employees: The contractor shall not employ persons for work on this contract if such employee is identified to the contractor by the CO as a potential threat to the health, safety, security, general well-being or operational missi...