HTC711-10-R-R014 Solicitation on FBO.pdf

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

CONTACT BUYER

CONTACT BUYER

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HTC711-10-R-R014 31-Jan-2011

b. TELEPHONE NUMBER

618-220-7083

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 18 Feb 2011

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

HTC711

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE SEE SCHEDU 16. ADMINISTERED BY

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

TEL: SEE SCHEDULE FAX: SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANTHONY LAUDANO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

483211

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SYNCADA

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

HTC711-10-R-R014

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months 1st 50,000 barrel tow

FFP

Base Period 1 June 2011- 31 May 2012.

Barge transportation service in accordance with (IAW) the PWS.

Rate does not include fuel.

FOB: Destination

PURCHASE REQUEST NUMBER: SYNCADA

SIGNAL CODE: A

NET AMT

0002 12 Months 2nd 50,000 barrel tow

FFP

Base Period 1 June 2011- 31 May 2012.

Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

0003 Lot Reimbursable out-of-pocket expense

COST

Base Period 1 June 2011- 31 May 2012

Out of pocket expenses IAW section 5 reimbursable expenses of the PWS.

DO NOT PROPOSE

AMOUNT PROVIDED BY GOVERNMENT

FOB: Destination

ESTIMATED COST

0004 12 Months 1st Opt on-Call 50,000 barrel tow

FFP

Base Period 1 June 2011- 31 May 2012.

Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

0005 12 Months 2nd Opt on-Call 50,000 barrel tow

FFP

Base Period 1 June 2011- 31 May 2012.

Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

1001 12 Months OPTION 1st 50,000 barrel tow

FFP

Option Period 1-1 June 2012- 31 May 2013 Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

1002 12 Months OPTION 2nd 50,000 barrel tow

FFP

Option Period 1-1 June 2012- 31 May 2013.

Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

1003 Lot OPTION Reimbursable out-of-pocket expense

COST

option Period 1-1 June 2012- 31 May 2013

1004 12 Months OPTION 1st Opt on-Call 50,000 barrel tow

FFP

Option Period 1-1 June 2012- 31 May 2013.

Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

1005 12 Months OPTION 2nd Opt on-Call 50,000 barrel tow

FFP

Option Period 1 1 June 2012- 31 May 2013 Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

2001 12 Months OPTION 1st 50,000 barrel tow

FFP

Option Period 2-1 June 2013- 31 May 2014 Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

2002 12 Months OPTION 2nd 50,000 barrel tow

FFP

OptionPeriod 2-1 June 2013- 31 May 2014 Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

2003 Lot OPTION Reimbursable out-of-pocket expense

COST

Option Period 2-1 June 2013- 31 May 2014

2004 12 Months OPTION 1st Opt on-Call 50,000 barrel tow

FFP

Option Period 2-1 June 2013- 31 May 2014 Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

2005 12 Months OPTION 2nd Opt on-Call 50,000 barrel tow

FFP

Option Period 2- 1 June 2013- 31 May 2014 Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

3001 12 Months OPTION 1st 50,000 barrel tow

FFP

Option Period 3-1 June 2014- 31 May 2015 Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

3002 12 Months OPTION 2nd 50,000 barrel tow

FFP

Option Period 3- 1 June 2014- 31 May 2015 Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

3003 Lot OPTION Reimbursable out-of-pocket expense

COST

Option Period 3-1 June 2014- 31 May 2015

3004 12 Months OPTION 1st Opt on-Call 50,000 barrel tow

FFP

Option Period 3-1 June 2014- 31 May 2015 Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

3005 12 Months OPTION 2nd Opt on-Call 50,000 barrel tow

FFP

OptionPeriod 3-1 June 2014- 31 May 2015.

Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

4001 12 Months OPTION 1st 50,000 barrel tow

FFP

Option Period 4-1 June 2015- 31 May 2016.

Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

4002 12 Months OPTION 2nd 50,000 barrel tow

FFP

Option Period 4-1 June 2015- 31 May 2016.

Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

4003 Lot OPTION Reimbursable out-of-pocket expense

COST

Option Period 4-1 June 2015- 31 May 2016

4004 12 Months OPTION 1st Opt on-Call 50,000 barrel tow

FFP

Option Period 4- 1 June 2015- 31 May 2016.

Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

4005 12 Months OPTION 2nd Opt on-Call 50,000 barrel tow

FFP

Option Period 4-1 June 2015- 31 May 2016.

Barge transportation service IAW the PWS.

Rate does not include fuel.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A Government N/A Government 0002 N/A Government N/A Government 0003 N/A Government N/A Government 0004 N/A Government N/A Government 0005 N/A Government N/A Government 1001 N/A Government N/A Government 1002 N/A Government N/A Government 1003 N/A Government N/A Government 1004 N/A Government N/A Government 1005 N/A Government N/A Government 2001 N/A Government N/A Government 2002 N/A Government N/A Government 2003 N/A Government N/A Government 2004 N/A Government N/A Government 2005 N/A Government N/A Government 3001 N/A Government N/A Government 3002 N/A Government N/A Government 3003 N/A Government N/A Government 3004 N/A Government N/A Government 3005 N/A Government N/A Government 4001 N/A Government N/A Government 4002 N/A Government N/A Government 4003 N/A Government N/A Government 4004 N/A Government N/A Government 4005 N/A Government N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-JUN-2011 TO

31-MAY-2012

N/A SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE

SEE SCHEDULE IL SEE SCHEDUL

SEE SCHEDULE

FOB: Destination

SEE

SCHEDU

0002 POP 01-JUN-2011 TO

31-MAY-2012

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

0003 POP 01-JUN-2011 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

0004 POP 01-JUN-2011 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

0005 POP 01-JUN-2011 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

1001 POP 01-JUN-2012 TO

31-MAY-2013

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

1002 POP 01-JUN-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

1003 POP 01-JUN-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

1004 POP 01-JUN-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

1005 POP 01-JUN-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

2001 POP 01-JUN-2013 TO

31-MAY-2014

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

2002 POP 01-JUN-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

2003 POP 01-JUN-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

2004 POP 01-JUN-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

2005 POP 01-JUN-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

3001 POP 01-JUN-2014 TO

31-MAY-2015

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

3002 POP 01-JUN-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

3003 POP 01-JUN-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

3004 POP 01-JUN-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

3005 POP 01-JUN-2014 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

4001 POP 01-JUN-2015 TO

31-MAY-2016

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

4002 POP 01-JUN-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

4003 POP 01-JUN-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

4004 POP 01-JUN-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

4005 POP 01-JUN-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

PAYMENT INSTRUCTIONS

PAYMENT OF TRANSPORTATION INVOICES

A. GENERAL

MRM 15 directed Reengineering of Defense Transportation Documentation and Financial processes. The directive specifically addressed reengineering billing, collection, and payment processes through transition to commercially acceptable practices. Implementation was coordinated between affected DOD installations and the commercial carrier industry. The Deputy Secretary of Defense directed the implementation of US Bank’s PowerTrack (now Syncada) system to pay for transportation services. DOD contracts and voluntary tenders require the use of Syncada, and all DOD cargo movements must be offered only to commercial carriers who utilize Syncada as their billing and payment system.

B. THIRD PARTY PAY SYSTEM (TPPS)

1. A requirement to conduct business with DOD as a TSP will be TPPS capable. Even if otherwise qualified, TSP that is not TPPS certified will not be eligible to transport DOD freight. TPPS is an electronic freight transaction tracking and payment system.

2. The current authorized TPPS is Syncada, a service of US Bank. TSP should contact US Bank at 612-973-6597 or 1-800-417-1844 or on the web at http://www.usbank.com/syncada. Payment of freight services within the United States will be paid through Syncada. A fee is required to participate in the program.

3. Prior to submitting an invoice (e-bill) the TSP must have proof of delivery.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2010

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.212-4 Contract Terms and Conditions--Commercial Items JUN 2010 52.219-8 Utilization of Small Business Concerns DEC 2010 52.219-28 Post-Award Small Business Program Rerepresentation APR 2009 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2010

52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Act Of 1965 NOV 2007 52.222-43 Fair Labor Standards Act And Service Contract Act - Price

Adjustment (Multiple Year And Option)

SEP 2009

52.222-50 Combating Trafficking in Persons FEB 2009 52.223-18 Contractor Policy to Ban Text Messaging While Driving SEP 2010 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

MAR 2008

252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7025 Reflagging or Repair Work JUN 2005

CLAUSES INCORPORATED BY FULL TEXT

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor no later than 30 days before the contract expires.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor no later than 30 days before the contract expires, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years 6 months

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage‐Fringe Benefits

Riverboat Operator GS5784‐07 $28.76

Deckhand GS 5788‐04 $20.75

252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS. (JUN

2005)

(a) Definitions.

As used in this clause-

(1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415).

(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.

(3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.

(b) Certification.

By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it -

(1) Does not comply with the Secondary Arab Boycott of Israel; and

(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking.

(c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services).

(1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation.

(2) Representation.

The Offeror represents that it-

___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of provision)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2010)

(DEVIATION)

(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (JUL 2010) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

252.237-7019 Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417)

252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10

U.S.C. 2631)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official's Name) (Title)

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including--

(1) Cost or pricing data if required in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and

(2) Information other than cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if cost or pricing data are not required.

(d) The certification requirement in paragraph (b) of this clause does not apply to----

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

(2) Final adjustment under an incentive provision of the contract.

252.247-7026 EVALUATION PREFERENCE FOR USE OF DOMESTIC SHIPYARDS--APPLICABLE TO

ACQUISITION OF CARRIAGE BY VESSEL FOR DOD CARGO IN THE COASTWISE OR

NONCONTIGUOUS TRADE. (NOV 2008)

(a) Definitions. As used in this provision--

Covered vessel means a vessel--

(1) Owned, operated, or controlled by the offeror; and

(2) Qualified to engage in the carriage of cargo in the coastwise or noncontiguous trade under Section 27 of the Merchant Marine Act, 1920 (46 U.S.C. 12101, 12132, and 55102), commonly referred to as ``Jones Act''; 46 U.S.C.

12102, 12112, and 12119; and Section 2 of the Shipping Act, 1916 (46 U.S.C. 50501).

Foreign shipyard means a shipyard that is not a U.S. shipyard.

Overhaul, repair, and maintenance work means work requiring a shipyard period greater than or equal to 5 calendar days.

Shipyard means a facility capable of performing overhaul, repair, and maintenance work on covered vessels.

U.S. shipyard means a shipyard that is located in any State of the United States or in Guam.

(b) This solicitation includes an evaluation criterion that considers the extent to which the offeror has had overhaul, repair, and maintenance work for covered vessels performed in U.S. shipyards.

(c) The offeror shall provide the following information with its offer, addressing all covered vessels for which overhaul, repair, and maintenance work has been performed during the period covering the current calendar year, up to the date of proposal submission, and the preceding four calendar years:

(1) Name of vessel.

(2) Description and cost of qualifying shipyard work performed in U.S. shipyards.

(3) Description and cost of qualifying shipyard work performed in foreign shipyards and whether--

(i) Such work was performed as emergency repairs in foreign shipyards due to accident, emergency, Act of God, or an infirmity to the vessel, and safety considerations warranted taking the vessel to a foreign shipyard; or

(ii) Such work was paid for or reimbursed by the U.S. Government.

(4) Names of shipyards that performed the work.

(5) Inclusive dates of work performed.

(d) Offerors are responsible for submitting accurate information. The Contracting Officer--

(1) Will use the information to evaluate offers in accordance with the criteria specified in the solicitation; and

(2) Reserves the right to request supporting documentation if determined necessary in the proposal evaluation process.

(e) The Department of Defense will provide the information submitted in response to this provision to the congressional defense committees, as required by Section 1017 of Public Law 109-364.

(End of provision)

RIDING GANG MEMBER REQUIREMENTS (OCT 2010)

(a) Definition. Riding gang member, as used in this clause, has the same definition as “riding gang member” in title 46 U.S.C.

2101.

(b) Requirements relating to riding gang members.

Notwithstanding 46 U.S.C. 8106, the Contractor shall ensure each riding gang member holds a valid U.S. Merchant Mariner's Document issued under 46 U.S.C. chapter 73, or a transportation security card issued under section 70105 of such title.

(c) Exemption.

(1) An individual is exempt from the requirements of paragraph (b) of this clause and shall not be treated as a riding gang member for the purposes of section 8106 of title 46, if that individual is on a vessel for purposes other than engaging in the operation or maintenance of the vessel and is--

(i) One of the personnel who accompanies, supervises, guards, or maintains unit equipment aboard a ship, commonly referred to as supercargo personnel;

(ii) One of the force protection personnel of the vessel;

(iii) A specialized repair technician; or

(iv) An individual who is otherwise required by the Secretary of Defense or designee to be aboard the vessel.

(2) Any individual who is exempt under paragraph (c)(1) of this clause must pass a DoD background check before going aboard the vessel. With regard to these exempt individuals, the Contractor shall submit the name and other necessary identifying information for a background check to the approving official specified in the contract. The head of the contracting activity may waive this requirement if the individual possesses a valid U.S. Merchant Mariner's Document issued under 46 U.S.C., chapter 73, or a transportation security card issued under section 70105 of such title.

(3) An individual exempted under paragraph (c)(1) of this clause is not treated as a riding gang member and shall not be counted as an individual in addition to the crew for the purposes of 46 U.S.C.

3304.

5552.223-9001 Health and Safety on Government Installations.

HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (APRIL 2007)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Comply with the specific health and safety requirements established by this contract;

(2) Comply with the health and safety rules of the Government installation that concern related activities not directly addressed in this contract;

(3) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(4) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2010) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (a) if the contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(vii) Reserved.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Barge Information Transit

Spreadsheet (Attach I)

8 27-JAN-2011

PWS REV 1

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

17 January 2011

TABLE OF CONTENTS

1. General

1.1. Scope

1.1.1. Place of Performance

1.1.2. Period of Performance

1.1.3. Hours of Operation

1.2. Safety and Security

1.2.1. OSHA Compliance

1.2.2. Additional Regulations Compliance

1.2.3. Death or Injury to Personnel

1.3. Damage and Loss Reports

1.4. Quality and Performance

1.4.1. Contractor Quality Control, Reporting and Records

1.4.1.1 Quality Control Plan

1.4.1.2. Problem/Failure

1.4.1.3. Use of Quality Control Performance Information

1.4.2. Government Quality Assurance

1.4.2.1. Performance Measurement Approaches

1.4.2.2. Visits

1.5. Insurance Requirements

1.5.1. Cargo Insurance

1.5.2. Liability, Pollution and Environmental Insurance

1.5.3. Policy Notification

1.5.4. Written Notice

2. Government Responsibilities

2.1. DLA Energy AME Inventory Manager Responsibilities

2.1.1. Cargo Routing

2.1.2. Order Services

2.1.3. Contact Information

2.1.4. Acknowledge Receipt

2.1.5. Measure, Verify, and Document Cargo

2.1.6. Notify Receiving Activities

2.1.7. Authorize Access

2.1.8. Supply Required Forms

2.1.9. Provide A Safe Berth

2.1.10. Inspect and Accept Equipment

3. Contractor Furnished Equipment and Crew

3.1. Barge and Tug Requirements

3.1.1. Barge

3.1.1.1 On-Call Tow

3.1.2. Barge Equipment

3.1.2.1. Cargo Pumping System

3.1.2.2. Cargo Tank Stripping System

3.1.2.3. Water Stripping System

3.1.2.4. Gauge Point Marks and Calibration

3.1.2.4.1. Calibration Charts

3.1.2.5. Stainless Steel Tanks

3.1.2.6. Steel Valves

3.1.2.7. Split Rails

3.1.2.8. Sectional Fuel Delivery Hose

3.1.3. Tug

3.2. Barge Initial Inspection and Acceptance

3.2.1. Performance Objective - Pre-Service Inspection

3.3. Maintain, Position, and Operate Equipment

3.4. Provide a Licensed Tankerman

4. Contractor Tasks and Duties

4.1. Equipment Maintenance

4.1.1. Temporary Patching/Repairs

4.1.2. Performance Objective – Continuous Service

4.1.2.1. Scheduled/Required Maintenance

4.1.2.2. Out-of-Service Notification

4.1.2.3. Long-Term Out-of-Service Notification

4.1.2.4. Substitute Equipment

4.1.3. Failure to Perform

4.2. Cargo Delivery Services

4.2.1. Loading or Discharging Cargo

4.3. Transit Times

4.4. Responsibility for Cargo

4.4.1. Loss or Contamination Liability

4.4.2. Gauging

4.4.3. Carry Away Liability

4.4.4. Performance Objective – Cleaning to Prevent Contamination or Degradation of Cargo

4.4.4.1. Minimum Requirements for the Preparation of Barge Cargo Tanks

4.4.4.2. Contamination or Degradation Liability

4.5. Reporting and Communication

4.5.1. Performance Objective – Daily Equipment Position and Status Reports

4.5.2. Readiness Notice

4.5.3. Performance Objective - Cargo Documentation

4.6. Responsibility for Damage to Government Property

4.6.1. Damage Due to Contractor Negligence

4.6.2. Prevent Damage to Facilities

4.7. Service Delivery Summary

5. Reimbursable Expenses

5.1. COR Approval

5.2. Out-of-Pocket Expenses-Tolls and Charges

5.2.1. Assist Tugs

5.2.2. Icing Condition Expenses

5.2.3. Barge Cleaning Expenses

5.3.

5.4.

Bunker Fuel Reimbursement On-Call Additional Tankerman Expenses

6. Definitions

Appendix A Historical Location Information Appendix B Minimum Requirements for the Preparation of Barge Cargo Tanks Appendix C Applicable Forms Appendix D Estimated Barge Movements

1. General.

1.1. Scope. This contract covers the transportation of Department of Defense-owned bulk jet fuel (JP5 and JP8) and marine diesel (F76), by tug and barge between all ordered United States ports and points on the Gulf of Mexico and the Lower Mississippi River and their connecting waterways and tributaries, including those specified below.

The contractor must provide barge transportation using contractor-supplied equipment as specified in the performance work statement. This performance shall be provided by barge/tug systems compliant with the coastwise laws of the United States..

1.1.1. Place of Performance. A listing of loading/discharging locations is at Appendix A. This list is not all-inclusive. Loading/discharging points may change as fuel procurement award patterns change.

1.1.2. Period of Performance. The period of performance is a base period with four one-year option periods.

Exercise of the option years will be at the sole discretion of the Government. Contractor will be notified 60 days in advance of exercising an option. The period of performance is as follows:

- Base period 1 June 11- 31 May 12

- First option period 1 June 12- 31 May 13

- Second option period 1 June 13- 31 May 14

- Third option period 1 June 14- 31 May 15

- Fourth option period 1 June 15- 31 May 16

1.1.3. Hours of Operation.

Contractor supplied equipment and crews must be available exclusively to the Government at all times, 24 hours per day, 7 days per week, for transporting cargo to and between the points stipulated or as may be directed by the Government, or to stand by at an origin, destination, or intermediate point as necessary and specified by the Government.

1.2. Safety and Security.

1.2.1. OSHA Compliance.

The contractor shall establish and maintain an effective and comprehensive safety program that complies with the provisions of the Occupational Safety and Health Act and the National Institute of Occupational Safety and Health.

The contractor shall acquire, maintain, and require the use of safety equipment, personal protective equipment, and devices necessary to protect employees. The contractor shall be responsible for compliance with the Occupational Safety and Health Act of 1970 and for penalties resulting from violations.

1.2.2. Additional Regulations Compliance.

The contractor shall maintain and operate all equipment in accordance with applicable U.S. Coast Guard, federal and state laws, and military regulations, including applicable regulations of the Commander, DLA Energy, and shall also be in compliance with all fuel supply terminal requirements for barge tows. All contractors will comply with the provisions of the Jones Act. Compliance with the following regulation is mandatory:

DOD 4500.9R, Defense Transportation Regulation (DTR), August 2006.

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-NCID at (703)767-9289.

1.2.3. Death or Injury to Personnel.

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

1.3. 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.

1.4. Quality and Performance.

The Government and the contractor will operate as a team to assure a high standard of quality is established and maintained in the performance of the contract. This will include Government measurement and surveillance of the contractor’s performance to document and recognize instances of superior contractor performance, and to identify areas falling short of required performance standards early so that the contractor and the Government may work together to identify causes and eliminate problems before they become serious. The Government’s Performance Measures and the Contractor’s Quality Control (QC) program requirements are described below.

1.4.1. Contractor Quality Control, Reporting and Records

1.4.1.1. Quality Control Plan.

The contractor shall establish and maintain a Quality Control Plan (QCP) to ensure quality service is provided throughout the term of the contract. The contractor shall submit a proposed QCP as part of its technical proposal.

The QCP should include as a minimum a description of how the contractor intends to meet the performance objectives, provide cargo free of contamination or degradation, and should also identify those areas the contractor sees as critical to the customers for this contract, how it will monitor quality performance in those areas, and how it will maintain or exceed customer expectations, including identification and correction of problems. The contractor shall include as part of his technical proposal a copy of the official U.S. Coast Guard Oil Spill Response Plan Letter of Certification in lieu of the original Oil Spill Response Plan. However, upon request by the Government, the contractor must provide a copy of the original Oil Spill Response Plan. The Government will identify deficiencies noted during the technical evaluation to the contractor, who will be responsible for making the necessary corrections.

1.4.1.2. Problem/Failure.

The contractor shall self-identify any problem or failure that may impact contract performance.

In accordance with its QCP, the contractor should notify the COR/AME immediately of the problem, but follow-up in writing within 2 business days to the COR/AME a succinct written plan of action of contractor self-identification or awareness of a potential or real problem, failure or deficiency. The contractor shall detail the methodology for correcting the problem or deficiency in the plan of action, and provide an assurance of the specific time required to bring performance back to acceptable quality levels, as applicable.

1.4.1.3. Use of Quality Control Performance Information. Information from these reports will be compiled cumulatively to provide annual reports of past performance for use in past performance evaluations for future awards.

1.4.2. Government Quality Assurance.

Final determination that the services rendered are conforming is solely the responsibility of the Government. The Government Quality Assurance Surveillance Plan (QASP) is not a substitute for contractor quality control. The Government will monitor the contractor’s performance in accordance with the QASP.

1.4.2.1. Performance Measurement Approaches.

The Contracting Officer (CO) and the COR will monitor contractor performance and compliance with the terms and the conditions of the contract in accordance with the QASP. The COR, in conjunction with the CO, will conduct periodic meetings with the contractor to discuss operations, and problem areas.

1.4.2.2. Visits

Government personnel, including but not limited to the COR and QAR, 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.

1.5. Insurance Requirements

1.5.1. 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.

1.5.2. Liability, Pollution and Environmental Insurance

Contractor shall provide at its own expense, the appropriate amount of insurance as required by law.

1.5.3. Policy Notification

The contractor shall provide copies of cargo, public liability, and pollution liability insurance certificates to the CO prior to contract award and each time there is a change in coverage or policy renewal.

1.5.4. 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.

2. Government Responsibilities.

2.1. DLA Energy AME Inventory Manager Responsibilities

The AME Inventory Manager will perform the following duties. The contractor will be provided the name and contact information for the AME Inventory Manager at time of contract award.

2.1.1. Cargo Routing

Issue cargo routing instructions to shippers.

2.1.2. Order Services

Order all loading and unloading services and schedule all movements.

2.1.3. Contact Information

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

2.1.4. Acknowledge Receipt

Acknowledgement of receipt shall be completion of the DD-250-1 and barge ullage sheet consisting of location, date of arrival, barge name/number, and cargo number and shall provide for signature by both a contractor representative and a designated Government representative. (See Appendix C.)

2.1.5. Measure, Verify, and Document Cargo

Arrange for measurement, verification, and documentation of all cargo remaining aboard barges at loading and unloading ports and, in accordance with Section 4.4.3 Carry Away Liability, deduct from the next monthly invoice, the value of cargo in excess of 10 barrels carried away per barge. Charges would apply only when barge equipment is changed or product carried changes.

2.1.6. Notify Receiving Activities

The AME Inventory Manager will notify the receiving activities of the scheduled arrival of the barge, including estimated date and time of arrival, barge name/number, and cargo number. However, this action does not relieve the contractor of their responsibility to provide 24, 12, and 3 hour notification as required by paragraph 4.5.1.

2.1.7. Authorize Access

Arrange for an authorized representative of the contractor to have access to all facilities to load and discharge barges as necessary.

2.1.8. Supply Required Forms

Supply the contractor with all forms that the contractor is required to file with DLA Energy AME (See Appendix C.)

2.1.9. Provide a Safe Berth

Provide a reachable and safe berth at all loading and discharging ports for the vessel to be afloat at all times, free of dockage, wharfage, pilotage, toll, and port charges. Tows needing to remain at the pier, past loading or discharge will only be allowed with the coordinated request and agreement of the loading/discharge location and DLA Energy AME Inventory & Traffic Manager.

2.1.10. Inspect and Accept Equipment

DLA Energy-AME Quality Assurance Representative will conduct pre-award and/or pre-service inspections for contractor equipment (see paragraph 3.2).

3. Contractor Furnished Equipment and Crew.

The contractor shall furnish all supplies, materials, equipment, and personnel necessary to perform the services incidental to the operation of the equipment listed below:

3.1. Barge and Tug Requirements.

The contractor shall own the equipment performing the transportation service or the contractor shall have the equipment under long-term lease for the duration of the contract period to include the base year and all option years.

The contractor shall provide the following:

3.1.1. Barge.

Two barge tows, each with a total calibrated capacity of not less than 50,000 barrels. Each tow must consist of either two individual 25,000 barrel barges, or not more than three barges total, one of which has a capacity of at least 25,000 barrels. Maximum loaded draft for all tows is not to exceed 8.5 feet. Upon contract award, the contractor is required to position the tows at the loading location specified by the Government. The contractor is responsible for all costs associated with positioning the equipment at the initial loading point.

3.1.1.1. On-Call Tow.

These services will be ordered separately as priced within the Schedule. The Government will have the option to add additional tows or terminate existing on-call tows as traffic patterns change. The contractor shall provide for one additional tow when requested by the Government with a minimum of 15 days notice. On-call tows must be of the same capacity as those listed in paragraph 3.1.1. The equipment ordered will be in service on a month-by-month basis thereafter. The Government may terminate any on-call tow with a minimum of 15 days notice if that tow is no longer required. Should the Government terminate a tow within the 15 days notice, the contractor will be eligible to claim for cleaning and positioning costs associated with bringing the tow into service. Barge and tug requirements will be consistent within the parameters as provided in paragraph 3.1. The equipment must meet all Government inspection requirements addressed in paragraph 3.2 and must remain in dedicated service until released back to the contractor. Dedicated service is defined as the start and end date of the requested service. Payment will not commence until the tow is made available at the initial loading point, as specified in the contract modification, and will end on the last day of requested service upon cargo discharge at the destination point. Any subsequent changes to schedule details (e.g., date, loading port) required for expedience of the Government shall occur only upon modification of the contract by the CO. Otherwise, the contractor is responsible for all costs associated with positioning the equipment at the initial loading point. Payment for the on-call services will be in accordance with the prices listed in the Schedule.

3.1.2. Barge Equipment.

The contractor and its equipment must currently possess a USCG certificate for approval to operate in US coastal and inland waterways. The contractor shall provide a copy of the USCG certificate with their proposal.

3.1.2.1.