Combined_Synopsis_Solicitation.docx

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both FEDBIZOPPS and NECO (http://www.neco.navy.mil/).

The RFQ number is N6264920Q0010. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-95 and DFARS Publication Notice 20161222. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The clauses may be accessed in full text at these addresses:

· http://acquisition.gov/far/

· http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

The NAICS code is 488390, for Bunkering Service. This is a competitive, unrestricted action among sources duly authorized to operate and do business in JAPAN.

It is the quoter’s responsibility to ensure all electronic media are readable by the Government.

All Contract Line Item Numbers (CLINs) shall have a firm-fixed unit price and total price.

Quotation for this RFQ must be on an “All or NONE” basis. Partial or incomplete quotations are ineligible for award.

The NAVSUP, Fleet Logistics Center (FLC), Yokosuka, Contracting Department requests responses from qualified sources capable of providing:

Base Year

CLIN 0001 - BUNKERING, DE-BUNKERING SERVICES

The Contractor shall provide tanker vessels or barges for bunkering/debunkering services and transfer to U.S. Government owned or chartered vessels in the Tokyo Bay area in accordance with the Statement of Work (SOW).

CLIN 0001AA - Basic Bunkering Service Minimum Order Quantity - 1000bbls.

See paragraph 1.3(a)(ii) of statement of work, BUNKER/DE-BUNKER TRANSPORTATION SERVICE.

QTY: EST 400,000 Barrel @ ¥_____________= ¥_______________

CLIN 0001AB - Basic De-bunkering Service Minimum Order Quantity - 1500bbls.

See paragraph 1.3(a)(iv) of statement of work, BUNKER/DE-BUNKER TRANSPORTATION SERVICE.

QTY: EST 30,000 Barrel @ ¥_____________= ¥_______________

CLIN 0002 - DETENTION CHARGE

In accordance with 1.3(b) of the SOW.

QTY: EST 30 Hour @ ¥_____________= ¥_______________

CLIN 0003 - CANCELLATION OF ORDER

CLIN 0003AA - CANCELLATION OF BUNKERING, DEBUNKERING

Under CLIN 0001 when the conditions fell within the scope set forth in 1.3(c) of the SOW.

QTY: EST 3 Case @ ¥_____________= ¥_______________

CLIN 0003AB - CANCELLATION OF OIL BOOM

Rendered under CLIN 0005 when the conditions fell within the scope set forth in 1.3(e) of the SOW.

QTY: EST 1 Case @ ¥_____________= ¥_______________

CLIN 0004 - RETURN CHARGE

In accordance with 1.3(d) of the SOW.

(Calculated based on CLIN 0001 price for return fuel quantity of 1,000 BBLs)

QTY: EST 23 Case @ ¥_____________= ¥_______________

CLIN 0005 - OIL BOOM SERVICES

CLIN 0005AA - OIL BOOM SERVICES

The contractor shall provide oil boom services, including installation and removal of oil boom for bunkering/debunkering, and/or oil-pollution cleanup for MSFSC operated/controlled vessels as requested regardless the time between 0000 and 2400 hours to the extend required to complete the services in accordance with 1.3(e)(i) of the SOW.

QTY: EST 55 Case @ ¥_____________= ¥_______________

CLIN 0005AB - OIL BOOM SERVICES

With donut fenders moving operation 1.3(e)(ii) of the SOW.

QTY: EST 10 Case @ ¥_____________= ¥_______________

CLIN 0006 - RENTAL OF EXTRA HOSES

The Contractor's shall provide extra hoses in accordance with 1.3(g) of the SOW.

QTY: EST 1,200 Meter @ ¥_____________= ¥_______________

CLIN 0007 - OIL, OILY SUBSTANCE REMOVAL SERVICES

In accordance with 1.3(h) of the SOW.

CLIN 0007AA - FOR 0800 - 1700 HOURS

Oil/oily substance removal service. During Normal Working Hours

QTY: EST 2 Hour @ ¥_____________= ¥_______________

CLIN 0007AB - FOR 0600-0800, 1700-2200 HOURS

Oil/oily substance removal service.

QTY: EST 2 Hour @ ¥_____________= ¥_______________

CLIN 0007AC - FOR 2200-0600 HOURS

Oil/oily substance removal service.

QTY: EST 2 Hour @ ¥_____________= ¥_______________

CLIN 0007AD - DISPOSAL AND ABSORBENTS

The Contractor shall provide oil/oily substance removal services, including disposal of the retrieved absorbents.

(Package: 100 sheets of oil absorbents, 65 x 65cm, approx. 17Kg in total)

QTY: EST 2 Package @ ¥_____________= ¥_______________

CLIN 0007AE - CANCELLATION OF OIL, OILY

Substance removal services

QTY: EST 1 Case @ ¥_____________= ¥_______________

CLIN 0008 - TANK CLEANING CHARGE

In accordance with 1.3(i) of the SOW.

QTY: EST 30 Case @ ¥_____________= ¥_______________

CLIN 0009 - MULTIPLE BUNKERING SERVICE

In accordance with 1.3(j) of the SOW.

QTY: EST 5,000 Barrel @ ¥_____________= ¥_______________

Total EST Amount for Base Year: ¥_______________

Option Year I

CLIN 1001 - BUNKERING, DE-BUNKERING SERVICES

The Contractor shall provide tanker vessels or barges for bunkering/debunkering services and transfer to U.S. Government owned or chartered vessels in the Tokyo Bay area in accordance with the Statement of Work (SOW).

CLIN 1001AA - Basic Bunkering Service Minimum Order Quantity - 1000bbls.

See paragraph 1.3(a)(ii) of statement of work, BUNKER/DE-BUNKER TRANSPORTATION SERVICE.

QTY: EST 400,000 Barrel @ ¥_____________= ¥_______________

CLIN 1001AB - Basic De-bunkering Service Minimum Order Quantity - 1500bbls.

See paragraph 1.3(a)(iv) of statement of work, BUNKER/DE-BUNKER TRANSPORTATION SERVICE.

QTY: EST 30,000 Barrel @ ¥_____________= ¥_______________

CLIN 1002 - DETENTION CHARGE

In accordance with 1.3(b) of the SOW.

QTY: EST 30 Hour @ ¥_____________= ¥_______________

CLIN 1003 - CANCELLATION OF ORDER

CLIN 1003AA - CANCELLATION OF BUNKERING, DEBUNKERING

Under CLIN 1001 when the conditions fell within the scope set forth in 1.3(c) of the SOW.

QTY: EST 3 Case @ ¥_____________= ¥_______________

CLIN 1003AB - CANCELLATION OF OIL BOOM

Rendered under CLIN 1005 when the conditions fell within the scope set forth in 1.3(e) of the SOW.

QTY: EST 1 Case @ ¥_____________= ¥_______________

CLIN 1004 - RETURN CHARGE

In accordance with 1.3(d) of the SOW.

(Calculated based on CLIN 1001 price for return fuel quantity of 1,000 BBLs)

QTY: EST 23 Case @ ¥_____________= ¥_______________

CLIN 1005 - OIL BOOM SERVICES

CLIN 1005AA - OIL BOOM SERVICES

The contractor shall provide oil boom services, including installation and removal of oil boom for bunkering/debunkering, and/or oil-pollution cleanup for MSFSC operated/controlled vessels as requested regardless the time between 0000 and 2400 hours to the extend required to complete the services in accordance with 1.3(e)(i) of the SOW.

QTY: EST 55 Case @ ¥_____________= ¥_______________

CLIN 1005AB - OIL BOOM SERVICES

With donut fenders moving operation 1.3(e)(ii) of the SOW.

QTY: EST 10 Case @ ¥_____________= ¥_______________

CLIN 1006 - RENTAL OF EXTRA HOSES

The Contractor's shall provide extra hoses in accordance with 1.3(g) of the SOW.

QTY: EST 1,200 Meter @ ¥_____________= ¥_______________

CLIN 1007 - OIL, OILY SUBSTANCE REMOVAL SERVICES

In accordance with 1.3(h) of the SOW.

CLIN 1007AA - FOR 0800 - 1700 HOURS

Oil/oily substance removal service. During Normal Working Hours

QTY: EST 2 Hour @ ¥_____________= ¥_______________

CLIN 1007AB - FOR 0600-0800, 1700-2200 HOURS

Oil/oily substance removal service.

QTY: EST 2 Hour @ ¥_____________= ¥_______________

CLIN 1007AC - FOR 2200-0600 HOURS

Oil/oily substance removal service.

QTY: EST 2 Hour @ ¥_____________= ¥_______________

CLIN 1007AD - DISPOSAL AND ABSORBENTS

The Contractor shall provide oil/oily substance removal services, including disposal of the retrieved absorbents.

(Package: 100 sheets of oil absorbents, 65 x 65cm, approx. 17Kg in total)

QTY: EST 2 Package @ ¥_____________= ¥_______________

CLIN 1007AE - CANCELLATION OF OIL, OILY

Substance removal services

QTY: EST 1 Case @ ¥_____________= ¥_______________

CLIN 1008 - TANK CLEANING CHARGE

In accordance with 1.3(i) of the SOW.

QTY: EST 30 Case @ ¥_____________= ¥_______________

CLIN 1009 - MULTIPLE BUNKERING SERVICE

Total EST Amount for Option Year I: ¥_______________

Option Year II

CLIN 2001 - BUNKERING, DE-BUNKERING SERVICES

The Contractor shall provide tanker vessels or barges for bunkering/debunkering services and transfer to U.S. Government owned or chartered vessels in the Tokyo Bay area in accordance with the Statement of Work (SOW).

CLIN 2001AA - Basic Bunkering Service Minimum Order Quantity - 1000bbls.

See paragraph 1.3(a)(ii) of statement of work, BUNKER/DE-BUNKER TRANSPORTATION SERVICE.

QTY: EST 400,000 Barrel @ ¥_____________= ¥_______________

CLIN 2001AB - Basic De-bunkering Service Minimum Order Quantity - 1500bbls.

See paragraph 1.3(a)(iv) of statement of work, BUNKER/DE-BUNKER TRANSPORTATION SERVICE.

QTY: EST 30,000 Barrel @ ¥_____________= ¥_______________

CLIN 2002 - DETENTION CHARGE

In accordance with 1.3(b) of the SOW.

QTY: EST 30 Hour @ ¥_____________= ¥_______________

CLIN 2003 - CANCELLATION OF ORDER

CLIN 2003AA - CANCELLATION OF BUNKERING, DEBUNKERING

Under CLIN 2001 when the conditions fell within the scope set forth in 1.3(c) of the SOW.

QTY: EST 3 Case @ ¥_____________= ¥_______________

CLIN 2003AB - CANCELLATION OF OIL BOOM

Rendered under CLIN 2005 when the conditions fell within the scope set forth in 1.3(e) of the SOW.

QTY: EST 1 Case @ ¥_____________= ¥_______________

CLIN 2004 - RETURN CHARGE

In accordance with 1.3(d) of the SOW.

(Calculated based on CLIN 2001 price for return fuel quantity of 1,000 BBLs)

QTY: EST 23 Case @ ¥_____________= ¥_______________

CLIN 2005 - OIL BOOM SERVICES

CLIN 2005AA - OIL BOOM SERVICES

The contractor shall provide oil boom services, including installation and removal of oil boom for bunkering/debunkering, and/or oil-pollution cleanup for MSFSC operated/controlled vessels as requested regardless the time between 0000 and 2400 hours to the extend required to complete the services in accordance with 1.3(e)(i) of the SOW.

QTY: EST 55 Case @ ¥_____________= ¥_______________

CLIN 2005AB - OIL BOOM SERVICES

With donut fenders moving operation 1.3(e)(ii) of the SOW.

QTY: EST 10 Case @ ¥_____________= ¥_______________

CLIN 2006 - RENTAL OF EXTRA HOSES

The Contractor's shall provide extra hoses in accordance with 1.3(g) of the SOW.

QTY: EST 1,200 Meter @ ¥_____________= ¥_______________

CLIN 2007 - OIL, OILY SUBSTANCE REMOVAL SERVICES

In accordance with 1.3(h) of the SOW.

CLIN 2007AA - FOR 0800 - 1700 HOURS

Oil/oily substance removal service. During Normal Working Hours

QTY: EST 2 Hour @ ¥_____________= ¥_______________

CLIN 2007AB - FOR 0600-0800, 1700-2200 HOURS

Oil/oily substance removal service.

QTY: EST 2 Hour @ ¥_____________= ¥_______________

CLIN 2007AC - FOR 2200-0600 HOURS

Oil/oily substance removal service.

QTY: EST 2 Hour @ ¥_____________= ¥_______________

CLIN 2007AD - DISPOSAL AND ABSORBENTS

The Contractor shall provide oil/oily substance removal services, including disposal of the retrieved absorbents.

(Package: 100 sheets of oil absorbents, 65 x 65cm, approx. 17Kg in total)

QTY: EST 2 Package @ ¥_____________= ¥_______________

CLIN 2007AE - CANCELLATION OF OIL, OILY

Substance removal services

QTY: EST 1 Case @ ¥_____________= ¥_______________

CLIN 2008 - TANK CLEANING CHARGE

In accordance with 1.3(i) of the SOW.

QTY: EST 30 Case @ ¥_____________= ¥_______________

CLIN 2009 - MULTIPLE BUNKERING SERVICE

Total EST Amount for Option Year II: ¥_______________

Statement of Work

BUNKER/DE-BUNKER TRANSPORTATION SERVICE

1.0 SCOPE OF CONTRACT

1.1 General:

(a) This contract is for the fuel bunkering/de-bunkering services to U.S. Government owned or chartered vessels or foreign ships at the Tokyo Bay area in Japan.

(b) The work shall be performed at the following locations and terminals:

Tokyo Bay Area: Yokohama/Hakozaki/Yokosuka

1.2 Technical Requirement:

(a) The Contractor shall have necessary crew and equipment to accomplish the bunkering/de-bunkering operation.

(b) The Contractor shall be licensed to carry the following clean petroleum products: NATO F76 and F44 (JP5). Such a ship shall comply with the existing Japanese safety and environmental laws and regulations.

(c) The Contractor shall use a ship with cargo tanks that are appropriately coated, comply with Attachment (1), and are otherwise acceptable to receive the cargo identified in the Customer’s order. The use of copper and copper alloys (brass, bronze, etc.) in vessel compartments, pipelines, heating coils, and fittings is not permitted.

(f) The ship provided by the Contractor pursuant to this contract is subject to inspection and acceptance by a representative of the Customer and the FLC fuel terminal prior to loading or discharging of cargo.

1.3 Description of Services:

(b) Detention Charge for Bunkering/De-bunkering: Detention is the time lost as a result of stoppage, or inability to start bunkering or de-bunkering of cargo due to causes beyond control and without fault or negligence of the Contractor. Examples of such causes include acts of God or of the public enemy, fires, floods, epidemics and severe weather.

(i) The Customer will compensate the Contractor for the fixed detention charge when detention exceeds 120 minutes from the Customer’s request delivery time. In case barge(s) is assigned across multiple days, 120 minutes commences from the Customer’s requested delivery time each day.

(ii) For purpose of shortening the amount of operation time, multiple barges are scheduled at the same time in the same place for delivering, in which case barges are not in the operation should not be the objected to detention. The connection and disconnection time of barge hoses between multiple barges and/or any time lost when the Customer needs to stop the operation and open/close oil booms due to entering/releasing the Contractor’s barge will not be assessed as detention charge. In case multiple barges are assigned at the same time, 120 minutes commences when the previous barge departs and the oil boom is reconnected.

(iii) Detention will not be assessed outside of normal fuel operation hours of sunrise to sunset as per CFAYINST for bunkering/de-bunkering operations in Yokosuka Naval base.

(iv) When the task order is cancelled during a detention period exceeding 120 minutes for bunkering, the Customer shall pay detention charge in addition to return charge.

Contractor’s barge already starts fuel pre-loading or anytime after completed fuel loading at the FLC fuel terminal, neither the basic freight nor cancellation charge shall be paid but the Customer will compensate for return charge to the Contractor.

(g) Rental of Extra Hoses: The Contractor’s ship shall be equipped with suitable and proper manner delivery hoses. When the extra hoses are required, the total length of the hoses per operation shall not exceed 54 meters (177.12 feet).

(h) Oil/Oily Substance Removal Services: When an oil boom is in place around a ship in support of operations, and when the Ordering/Alternate Ordering Officer issues an order to the Contractor that oil/oily substance response actions be taken within the oil boom confined area, the Contractor shall commence the action immediately. Such action is to be done basically using an oil-retrieving boat manned with a minimum of three (3) laborers. Oil removal operations shall utilize oil absorbents. Any oil/oily substance response action shall be terminated immediately upon direction of the Ordering/Alternate Ordering Officer. When the disposal of oil/oily substance and absorbents is ordered, the Contractor shall perform the service in accordance with applicable local law and regulation.

(i) Tank Cleaning: Tank cleaning and gas freeing of the Contractor’s ship before the bunkering/de-bunkering operation are basically the responsibility of the Contractor anytime during the contract period. The FLC fuel terminal representative will inspect tank(s) prior to loading and certify that the product loaded is clean. Prior to discharge, the Customer’s representative shall certify that the cargo is clean before commencement of discharge. If at the point of discharge cargo reveals a residue due to misidentification and cargo tank(s) of the ship is/are dirty when inspected by the Master of the Contractor’s barge and the FLC fuel terminal representative, or if bunkering/de-bunkering of non-like-cargoes (different kinds of fuels for which tank cleaning is required - see below) are ordered by the Customer, the Customer will pay fixed tank cleaning charge to the Contractor. The Customer shall provide the cleaning certification to the FLC fuel terminal after tank cleaning is completed.

(j) Multiple Bunkering Service: The Contractor shall perform the multiple bunkering services after receipt of an oral order, which will be confirmed in writing later. The multiple bunkering performance means when the Contractor's vessel/barge already dispatched from her ordinary mooring place and load multiple ships/barges regardless of fuel quantity with one order. If the returned freight is occurred, return charge will compensate to the Contractor said set forth in (d). Also the cancellation charge said set forth in (c) will apply in case the task order is cancelled. The Contract shall notice their vessel/barge information such as her name, capacity and pre-loading schedule prior to the scheduled commencement services.

1.4 Duties and Responsibilities of the Parties:

For the Contractor’s information purposes, the following is provided:

Cargo tank cleaning, gas-freeing, or drop/strip is not required as a matter of routine preparation when going from like-cargoes to like-cargoes such as:

The Contractor’s ship, which previously carried “Palm Oil,” cannot be used for this contract unless the Contractor obtained an approval from the Government for use of such vessels under the contract.

1.5 Berth Information:

(feet) Maximum Ship’s Beam (feet) Maximum Ship’s Draft (feet) Maximum Ship’s DWT (tons) Type of Manifold (inch) Type of Manifold (connection)

Yokosuka (Anchorage 1)

Yokosuka (Anchorage 11)

Yokosuka (Anchorage 12)

Yokosuka (Anchorage 136)

Yokosuka (Berth 2)

Yokosuka (Berth 3)

Yokosuka (Berth 6)

Yokosuka (Berth 7)

Yokosuka (Berth 8)

Yokosuka (Berth 9)

Yokosuka (Berth 12)

Yokosuka (Berth 13)

Yokosuka (Harbor Master Pier - West)

Yokosuka (Harbor Master Pier - East)

Hakozaki (North Dock - 244) 590.5

32.8

8 (ANSI)

12 (JIS)

Loading Arm Loading Arm

Hakozaki North Dock - 246) 657.2

34.2

8 (ANSI)

12 (JIS)

Loading Arm Loading Arm

Hakozaki (Canal Dock)

Yokohama (North Pier B)

Yokohama (North Pier D)

Yokohama (North Pier E)

Yokohama (North Pier F)

Various *(1) Bunker barge will moor alongside vessel berthed at pier. Connection type varies by vessel class.

2. PERFORMANCE BASED SERVICE CONTRACT (PBSC)

2.1 QUALITY ASSURACNE SURVEILLANCE PLAN (QASP) – Contract Performance Objectives, Performance Standards and Assessment Methods

During the contract performance, the Contractor will be evaluated on its ability of comply with applicable license, laws and regulations of Japan such as safety and environmental to conduct the tanker vessels or barges to carry bulk petroleum products. The QASP provides the methodology by which Contractor’s performance will be monitored by the COR to determine compliance with standard performance objectives. The contract performance objectives, performance standards, assessment methods, and acceptable quality level are described below in further detail.

1. Comply with the existing Japanese safety and environmental laws and regulations to carry the required clean petroleum products as referenced 1.2 (b), and law and regulations for oil spills as referenced 1.6 of the PWS.

90%

3. Transaction compliance loss of or damage to Government Property and/or the Government Furnished Property.

2.2 Evaluation and Rating: The Contracting Officer’s Representative (COR) will monitor and inspect about 30% of the whole Contractor’s performance (bunkering/debunkering operation), randomly, but shall do at least twice a month, which is ordered by the Task Order. The COR will report and rate the Contractor’s performance by using the form of “Contractor’s Performance Evaluation Sheet” (Attachment (2) series). When the Contractor performs in compliance with the performance standards with meeting more than 90% quality level, the Contractor’s performance will be rated “Acceptable.” In case any inconsistency or deficiency is found, the COR will record it on the form and attach any related document to the form. When it is determined the quality level is less than 90%, the performance will be rated as “Unacceptable.” All the performance records to the Contractor for the operations monitored and inspected will be recorded on Attachment (2-A). On a quarterly basis, the COR will review those evaluation records (Attachment (2-A)) and prepare a Contractor’s Performance Evaluation Sheet - Summary (Attachment (2-B)) in which the Contractor’s performance will be rated using the following five (5) adjectival ratings:

EXCEPTIONAL (E): The services performed by the Contractor are considered to have exceeded the performance standards described above and demonstrate a good probability of success without any problems during the remaining period of the contract. This rating will be applicable when each of the measurement results (Attachment (2-A)) is “98% and above.”

HIGHLY ACCEPTABLE (HA): The services performed by the Contractor are considered to have satisfied the performance standards described above and demonstrate a good probability of success during the remaining period of the contract. Even if the Contractor had minor problems on its performance, the Contractor has demonstrated that it could correct such problems without any damage to the Government. This rating will be applicable when each of the measurement results (Attachment (2-A)) is “95%~97%.”

ACCEPTABLE (A): The Contractor’s performance is considered to have substantially met the stated performance standards described above and demonstrates a good probability of success during the remaining period of the contract. Even if the Contractor had minor problems on its performance, the Contractor has demonstrated that it could correct such problems with minimal damage to the Government. Although some minor inconsistency or weakness exists, it can be readily corrected. This rating will be applicable when each of the measurement results (Attachment (2-A)) is “90%~94%.”

MARGINAL (M): The Contractor’s performance is considered to have partially failed meeting the stated performance standards, and the response to correct the deficiency was marginal. That is, a substantial number of the Contractor’s record responses “good,” but a deficiency or weakness exists, and it/they may be susceptible or correction through the exchange of information. There is marginal probability of success during the remaining period of the contract. This rating will be applicable when each of the measurement results (Attachment (2-A)) is “70%~89%.”

POOR (P): The Contractor failed meeting one or more of the stated performance standards, and failure was considered “major.” Even if the failure was minor, the Contractor did not or could not correct the deficiency properly and/or if adversely affected the Government operation. In such a case, the Contractor’s performance is considered to be major or extensive weaknesses. There is low probaily of success on future ordering and contract award. This rating will be applicable when any of measurement results (Attachment (2-A)) is 69% or below.

In case the Contractor’s performance is rated either “Marginal” or “Poor”, the Contractor shall take a corrective action(s) to all deficiencies identified 30 days before the next term begins. Contractor’s failure in these corrective actions may cause the termination of the contract for cause.

Note: The COR will assess the overall rating based on all the three (3) performance objectives above with comments. All three (3) factors are equally important and the comment from the COR is mandatory.

2.3 Performance Assessments (Non-monetary Incentive): The Contractor’s performance information under this contract may affect decisions for the Government to make future contract award. Through the performance assessments, the Government expects that the Contractor motivates improved performance or reinforces exceptional performance in the future contract(s).

3. Inspection and Acceptance

3.1 Inspection and Acceptance

(a) The Contractor shall obtain a signed loading receipt (DD form 250-1) for quantity loaded from an authorized U.S. Government representative at the loading terminal.

(b) The Contractor shall obtain a signed discharged receipt (DD form 250-1) for quantity delivered to a Government owned or chartered ship from an authorized ship from an authorized ship’s officer or authorized U.S. Government representative at storage delivery terminal.

(c) No form other than the DD Form 250-1 will be acceptable for loading and discharge receipts.

4. Deliveries or Performance

4.1 Period of Contract: The period of the contract for the purpose of issuing delivery orders shall be from 1 December 2019 or the date of contract award, whichever is later, through 30 November 2020 for the Basic Year with the following option schedule:

4.2 Place of Performance: The work shall be performed at the following locations and terminals:

Tokyo Bay Area: Tsurumi/Yokohama/Hakozaki/Yokosuka

5. CONTRACT ADMINISTRATION

5.1 Contract Administration Appointments and Duties: In order to expedite administration of this contract/order, the following delineation of duties is provided including the names, addresses and phone numbers for each individual or office as specified. The individual/position designated as having responsibility should be contacted for any questions, clarifications or information regarding the functions assigned.

(a) Procuring Contracting Officer (PCO) is responsible for:

(1) All pre-award information, questions, or data;

(2) Freedom of information inquiries;

(3) Change/question/information regarding the scope, terms or conditions of the basic contract document; and/or

(4) Arranging the post award conference (See FAR 42.503-1).

(Contracting Dept.) Box 11 1 banchi, Tomari-cho, Yokosuka-shi 238-0001 Tel: (046) 816-7195 Fax: (046) 825-7298

(b) Contract Administration Office (CAO), which is the same as the PCO above, is responsible for matters specified in FAR 42.302 and DFARS 243.302 except in those areas otherwise designated herein.

(c) Appointment of Ordering Officers (NOV 1992)(YOK)

Procuring Contracting Officer (PCO) is responsible for:

(1) Issuing delivery/task orders;

(2) Obligating the funds by issuance of the delivery/task order;

(3) Authorization to begin performance;

(4) and/or Monitoring of total price of delivery/task orders issued

The following individuals are designated as authorized Ordering Officer:

Ordering Officer: To be determined

Alternate Ordering Officer: To be determined

The Ordering Officer / Alternate Ordering Officer are responsible for issuing and administering any orders placed hereunder. Ordering Officer/Alternate Ordering Officer may negotiate revisions/modifications to orders, but only within the scope of this contract. Ordering Officer/Alternate Ordering Officer have no authority to modify any provision of this basic contract. Any deviation from the terms of the basic contract must be submitted to the Procuring Contracting Officer (PCO) for contractual action. Ordering Officer/Alternate Ordering Officer may enter into mutual no-cost cancellations of orders under this contract and may reduce the scope of orders/tasks, but Terminations for Convenience or Terminations for Default shall be issued only by the PCO.

(d) Contracting Officer’s Representative (COR) is responsible for:

(1) Liaison with the contractor personnel at the performance place, including coordination of bunkering/debunkering services with the contractor according to ship’s schedule.

The following individuals are designated as authorized COR and alternate COR:

Primary COR: To be determined

Alternate COR: To be determined

5.2 Invoice Instructions:

To ensure payment, your invoice must include an invoice number Provide proof of delivery or tracking number with invoice Submit invoice in accordance with DFARS 252.232-7003 and 252.232-7006 (WAWF)

5.3 Designated Payment Office: Payment will be made in Japanese Yen check by the following office:

LIST OF ATTACHMENTS

PWS Attachment(s) Attachment (1) MIL-STD-3004-1 2 Pages

Other Attachment(s)

The following FAR provisions and clauses are applicable to this procurement:

52.202-1, Definitions;

52.203-3, Gratuities;

52.203-17, Contractor Employee Whistleblower Rights and Requirement;

52.204-7, System for Award Management;

52.204-13, System for Award Management Maintenance;

52.204-21, Basic Safeguarding of Covered Contractor Information Systems;

52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation;

52.209-7, Information Regarding Responsibility Matters 52.212-1, Instructions to Offerors - Commercial Items;

52.212-3 Alt I, Offeror Representations and Certifications - Commercial Items;

52.212-4, Contract Terms and Conditions - Commercial Items;

52.217-5, Evaluation of Options 52.225-14, Inconsistency between English Version and Translation of Contract;

52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications;

52.229-6, Taxes--Foreign Fixed-Price Contracts;

52.232-39, Unenforceablility of Unauthorized Obligations;

52.232-40, Providing Accelerated Payments to Small Business Subcontractors;

52.247-34, F.O.B. Destination;

52.252-1, Solicitation Provisions Incorporated By Reference;

52.252-2, Clauses Incorporated By Reference;

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services,” “Critical technology,” and “Substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that—

It ___ will, ____ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

(a) Definitions. As used in this clause—

“Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology;

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). “Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.212-2, Evaluation--Commercial Items (Oct 2014):

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Quoters are advised that the quote meeting the solicitation requirements with the lowest price may not be selected for an award if award to a higher priced Quoter is determined to be more beneficial to the Government. The Government will use the Value Adjusted Total Evaluated Price (VATEP) concept when determining Best Value. Best Value VATEP tradeoff analysis will not be performed for any Quoter who receives an unacceptable rating for any factor or subfactor, and award will not be made to any Quoter whose quote is deemed unacceptable in any factor or subfactor.