RP_Attach 9 - KO Requirements.pdf

SPE601-26-R-0300 DLA ENERGY AEROSPACE CONTRACTING OFFICER REQUIREMENTS

SCHEDULE OF SUPPLIES/SERVICES

SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY)

(a) This is an indefinite quantity contract for the purchase of supplies (and/or services, if applicable) to be furnished during the contract term. The delivery points, methods of delivery, and estimated quantities are specified in the Schedule as contract line item numbers (CLINs). The quantities shown are best estimates of required Government quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered/loaded may be greater than or less than such quantities as allowed by the VARIATION IN QUANTITY clause.

(b) The following provisions apply ONLY if the applicable box is checked:

(1) [ X ] This is a REQUIREMENTS-TYPE contract. The Government agrees to order from the Contractor and the Contractor shall deliver, if orders are placed by the DLA Energy Contracting Officer during the contract period, all items awarded under this contract, as allowed by the REQUIREMENTS clause. A Blanket Delivery Order is considered “an order”, for the purposes of this contract provision.

(2) [ ] This is an INDEFINITE DELIVERY/INDEFINITE QUANTITY contract. The Government agrees to order from the Contractor and the Contractor shall deliver, if orders are placed by the Contracting Officer during the contract period, at least the quantity of supplies or services designated in the Schedule as the “minimum”, as allowed by the INDEFINITE QUANTITY clause. A Blanket Delivery Order is considered “an order”, for the purposes of this contract provision

(3) [ X ] Orders issued by the Ordering Officer at the destination location are considered extensions of the Blanket Delivery Order issued by the DLA Energy Contracting Officer and, as such, may be issued orally, by facsimile or by electronic commerce methods, as allowed by the ORDERING clause.

(4) [ X ] The unit prices specified below shall be fixed for the term of the contract.

(5) [ X ] The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT clause or contract provision, as contained in the solicitation and any resultant contract. See [buyer fills in the appropriate EPA clause or contract provision].

(6) [ ] Items of this contract call for f.o.b. destination delivery, unless the item specifies otherwise. The destination for each item is the point of delivery shown in the particular item. Inspection for quality will be at origin with final acceptance at destination. Applicable to CLIN(s).

(7) [ ] F.o.b. destination item(s) called for under this contract shall have shipment quantity determinations performed at destination.

(8) [ X ] Items of this contract call for f.o.b. origin delivery, unless the item specifies otherwise. Inspection and acceptance will be at origin. Applicable to CLIN(s) 0001-0007.

(9) [ ] Any offers received for less than the full quantity for each line item will be rejected by the Government.

(10) [ X ] A copy of the certified weight ticket shall accompany each shipment.

(11) [ X ] A copy of the Certificate of Analysis shall accompany each shipment.

(12) [ X ] An original and one copy of the H-14 Transport Equipment Delay Certificate shall be provided with each shipment, if applicable..

See attachments for Supplemental Quality Assurance Provisions.

ENERGY QAP C1.02 ASSIST DATABASE OF SPECIFICATIONS

ENERGY QAP E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES

ENERGY QAP E6 CERTIFICATE OF CONFORMANCE

ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS

ENERGY QAP E33.10 MANUFACTURING AND FILLING POINTS *PLEASE USE FILL-PAGES.

ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES

SPECIFICATIONS

Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as stated in the Schedule, unless otherwise modified elsewhere in this solicitation and/or the resultant contract.

ECURITY AND FIRE PROTECTION (JP10/RP-1)

(a) The entire facility shall be enclosed by a fence suitable to deter unauthorized access.

(b) A method of visitor and entrance control will be in effect. A visitor register shall be maintained.

(c) An internal, self-powered communication system linking all critical points of the facility, capable of serving both as an alarm system and for conducting plant operations, will be in use.

(d) A water supply and firefighting equipment conforming to National Fire Protection Association and standards will be maintained.

PACKING AND MARKING

PACKAGING REQUIREMENTS

(a) The Contractor shall be responsible for ensuring the hazardous materials shipment is in full compliance with all applicable packaging/packing, marking, labeling, placarding, blocking and bracing, and palletizing and shipping certifications in force and effect on the date of the shipment in accordance with the following applicable rules and regulations for the individual hazard, ultimate destination, and mode of transportation:

(1) Title 49 of the Code of Federal Regulations (49 CFR) -- Packaging.

(2) DLAI 4145.3, Preparing Hazardous Materials for Military Air Shipments.

(3) International Air Transport Association (IATA) -- Dangerous Goods Regulations.

(4) International Civil Aviation Organization (ICAO) -- Technical Instructions for the Safe Transportation of Dangerous Goods by Air.

(5) International Maritime Organization (IMO) -- International Maritime Dangerous Goods (IMDG) Code (for overseas shipments by vessel).

(6) MIL-STD 129, Standard Practice for Military Marking (for military destinations).

(7) MIL-STD-147, Department of Defense Standard Practice, Palletized Unit Loads.

(8) ASME MH 1.8, Wood Pallets.

(b) Contractor commercial packaging (ASTM D 3951) shall also be in compliance with the requirements listed.

CONTRACTOR SEAL REQUIREMENT

(a) The Contractor shall place tamper indicating devices (TIDs) such as a seal or cap on the shipping container(s) immediately after filling and sampling. The TIDs shall be placed on the containers in such a manner that pilferage or tampering of the product could only be accomplished by breaking or otherwise destroying the TID. This may require the application of several TIDs on each shipment container.

(b) Where possible, the TID shall be printed with a serial number. The container number and TID number(s) shall be recorded on the certificate of analysis and on the shipping documents. Monthly equipment inventory reports provided to DLA Energy by the Contractor shall include container numbers as well as corresponding TID numbers.

(c) TIDs shall not be removed from a container unless authorized by DLA Energy. If a TID is broken or no longer intact, the Contractor shall contact the Contracting Officer for further instructions. If the Contractor is instructed to place a new TID on the container, the new TID number (if applicable) shall be noted, along with the container number, as stated in paragraph (b) above.

PALLET REQUIREMENTS FOR DOMESTIC SHIPMENTS

Pallets shall be constructed in accordance with one of the following guidelines: MIL-HDBK 774, Department of Defense Handbook, “Palletized Unit Loads”; or ASME/ANSI MH 1.8H or Contractor’s equivalent.

INSPECTION AND ACCEPTANCE

CONTRACTOR INSPECTION RESPONSIBILITIES (JP-10/RP-1)

(a) QUALITY CONTROL PLAN.

(1) The Contractor is required to provide and maintain an inspection system and a written description (Quality Control Plan (QCP)) acceptable to the Government. The Contractor has the option to provide and maintain an inspection system that, as a minimum, incorporates the requirements of ISO 9001, Quality Management Systems. If the Contractor chooses to comply with ISO 9001 quality system requirements and format, all the specific Quality Assurance Provisions of this contract must be included in the resulting ISO document that will serve as the QCP. A copy of the QCP, in English, shall be presented to the Government Quality Assurance Representative (QAR) for their review and acceptance prior to commencement of production or services. The QCP shall be reviewed and updated when deemed necessary by the Contractor or the Government, to include changes necessary to prevent the recurrence of quality problems. The Contractor must sign and date the original copy and each revision to the QCP. Revisions shall also be presented to the QAR for review and acceptance prior to implementation. When acceptable to the Government, the original QCP, and any revisions, shall be signed and dated by the QAR.

(2) The Contractor shall require subcontractors (unless otherwise instructed by the Government) to provide and maintain inspection systems and QCPs that are acceptable to the Government.

(3) The QCP shall include an identification of key operational positions, a schematic diagram of plant facilities pertinent to the inspection system indicating all inspection points, and a description covering the following operations relating to the product to be furnished under the contract:

(i) RECEIVING. Procedures used to assure quality of additives blended into product supplied under this contract;

(ii) BLENDING AND COMPOUNDING. Procedures to identify component base stocks used to produce finished product.

Procedures to be used for adding, prior to batching, all required additives at all locations. When procedures for line injection of additives for products in accordance with a contract provision that contains LINE INJECTION OF ADDITIVES is used, the QCP will provide procedures for proportionately injecting additives throughout the entire loading process to ensure the additive is homogeneously blended into the fuel, and procedures for maintaining recordings evidencing the homogeneous blending of all line injected additives. Prior to shipment, a proceduire for a laboratory hand blend of the fuel with all additives required by the contract shall be tested to verify compliance with the required specification;

(iii) SAMPLING. Procedures for sampling additive blend tanks, shipping tanks, lines, and conveyances/containers shall be in accordance with American Petroleum Institute (API) Manual of Petroleum Measurement Standards (MPMS), Chapter 8, Section 1, American Society for Testing and Materials (ASTM) (ASTM D 4057) Sampling of Petroleum and Petroleum Products, and/or Section 2 , (ASTM D 4177), Automatic Sampling of Petroleum and Petroleum Products. Procedures include location of sample taken, frequency, quantity, minimum tests required for each sample, and sample retention procedures. For other than f.o.b. origin shipments, Automatic In-Line Sampling is preferred at the custody transfer point, but representative samples taken in accordance with MPMS Chapter 8, Section 1, are acceptable. Types of tests performed on samples and test methods/procedures shall be in accordance with requirements in the applicable product specifications and the sampling and testing requirements identified below in Table I, Minimum Sampling and Testing Requirements;

(iv) TESTING. Types of tests and test methods/procedures to be performed on samples taken from each location identified above, (a)(3)(iii), may be incorporated by test method reference in the QCP, if complete reference is available at the place of performance. See Table II, Definitions of Test Series below;

(v) CALIBRATION. Program for testing and measuring equipment shall be in accordance with ISO 10012-1, Quality Assurance Requirements for Measuring Equipment, Part 1, or equivalent local regulation as appropriate. A program for calibrating meters used to determine quantity shall comply with the API MPMS, Chapters 4, 5, and 6, or equivalent foreign standard. For items not covered by ASTM, API or IP publications, the applicable manufacturer's recommended calibration method, or methods outlined in the applicable industry publication shall be used if acceptable to the Government;

(vi) STORAGE AND HANDLING. Procedures for storage and handling shall include a description of storage and handling equipment including tanks, lines, valves, and manifolds used. It shall also include identification of dedicated/common product system including description of line segregation and controls to assure capability for gauging, sampling, draining of water, filtration, circulation, drying; and identification of any other process/system used in maintaining product integrity during storage and handling;

(vii) LOADING AND SHIPPING, GENERAL. Procedures for product movement and related quality/quantity checks shall include a description of the transfer point from shipping tank(s) to custody transfer point in order to maintain product integrity. Lines shall have a low point drain to enable complete draining of the entire line or for obtaining line samples. Dedicated line is defined as a piping system that shall be used exclusively for fuels type JP-10 and RP-1 and blends thereof. The lines must be flushed and drained with new fuel when some other blend of the aforementioned fuels has been used in the dedicated lines. Valve bodies in JP-10/RP-1 systems will be constructed of stainless steel or aluminum.

All gaskets/seals shall be Teflon, viton, or nitrile (seals, seats and gasket material of zinc, bronze, brass or copper bearing materials are not acceptable). Carbon steel valves are permitted, provided they are internally plated with chromium. Electroplated nickel is permitted for double-seated plug valves and on nodular iron diaphragm control valves within the tank dike area. Iron or bronze-bodied valves shall not be used in JP-10 or RP-1 systems.

(viii) PRELOAD INSPECTION - TANK CARS, TANK TRUCKS, AND INTERMODAL CONTAINERS. The Contractor shall inspect and prepare all shipping conveyances prior to loading to ensure suitability for loading as follows:

(A) JP-10/RP-1 conveyances not in dedicated JP-10 or RP-1 service shall be cleaned prior to loading. Prior to loading conveyances, the Contractor shall verify that the conveyance meets the requirements of MIL-STD-3004, Table XXVI, Conversion Chart for Truck (TT), Tank Cars, Truck (Tank Wagon (TW)), Tank and Trailer (TRR) and Intermodal Containers (IMC), or as approved by DLA ENERGY-FEO in regard to the cleaning process and allowable last product carried. The Contractor shall refrain from loading and immediately contact DLA Energy-QEM when conveyance does not meet the requirements of MIL-STD,3004.

(B) Verify conveyance discharge hoses are clean and capped, and pump housing is clean and dry. Tank truck manifold outlet shall be capped.

(C) Verify interior of conveyance is visibly clean, dry and has been prepared for loading. Remove caps from loading connections and visually inspect interior surfaces to ensure cleanliness. Interior surfaces shall be free of any presence of moisture, corrosion, scale, dirt, grease and foreign matter.

(D) Inspect tankers for general over-the-road readiness (tires, lights, no loose or missing components), and verify readiness for loading.

(ix) FLUSHING TANK CARS, TANK TRUCKS, AND INTERMODAL CONTAINERS. The contractor shall flush conveyances prior to loading as follows:.

(A) Flush conveyance by pumping approximately 30 gallons of JP-10 fuel into the unit through the discharge manifold until product appears on the tank floor. Discharge the flush sample through the unit’s pump into a clean drum or other suitable product collection container that is dedicated to JP-10 service. A visual water and cleanliness inspection shall be performed in accordance with ASTM D 4176 on the flush sample. A flush sample when swirled should be clear and bright. The sample should be free of water and of unusual quantities of suspended matter.

(B) A second flushing shall be accomplished in the event of a water and/or cleanliness inspection failure. In the event of a second visual failure, contact the DLA Energy Contracting Officer for further instructions.

(C) JP-10 fuel used for flushing tank trucks shall be stored in a dedicated Contractor-provided collection container for return to on-site DLA-owned JP-10 inventories in the following manner:

a. Flushed product shall be initially collected in a clearly marked JP-10 fuel collection container dedicated to contain only JP-10 fuel recovered from unit flushing connections. The collection container shall have a minimum holding capacity of 300 gallons and must be equipped with a drain valve that allows low-point draining of water and sediment from the container bottom; it is the Contractor’s responsibility to assure the container meets all Federal, State and local environmental regulations. NOTE: To assure the container is not used for storing anything other than JP-10 fuel, it must be clearly labeled and the access point must be locked. The lock shall have the key or combination controlled to avoid inadvertent product commingling;

b. Product recovered from flushing operations and placed in the collection container shall be allowed to settle a minimum of 24 hours prior to draining the container bottom of water and sediment;

c. After the collection container is full and after draining water and sediment from the container low point and achieving a clear and bright sample, an all-level sample shall be drawn from the container and tested for appearance, particulate content, specific gravity, and flash point;

d. Results must meet MIL-DTL-87107 requirements in order to qualify for return to DLA-owned JP-10 fuel inventories, and;

e. Prior to returning (or during return) of JP-10 fuel to bulk storage from the collection container, the product must be filtered through at least one EI 1581 filter separator. If product in the collection container fails testing, contact the Contracting Officer for further guidance. Quantities of JP-10 fuel collected/returned to JP-10 fuel storage shall be documented and reported on the monthly inventories reported to DLA Energy.

(x) LOADING TANK CARS, TANK TRUCKS, AND INTERMODAL CONTAINERS. Loading of conveyances may only proceed after having passed all pre-load inspections and flushing operations.

(A) Loading racks shall be equipped with filter separators that are located as near the loading or filling point as practicable. Loading rack filters shall be filter/separator (F/S) types conforming to EI 1581 and shall be located on the fill line upstream of the fill nozzle header (allow 30 seconds relaxation time between the F/S and the issue nozzle). The F/S shall be equipped with coalescing cartridge elements.

The elements shall be changed in accordance with manufacturer recommendations.

(B) Filled conveyances shall be sampled and tested in accordance with Table I of this clause.

(C) Prior to releasing conveyances from the loading rack, check tank exterior, valves, flanges and welds for leakage.

Perform final inspection of tanker and attach seals in accordance with the clause entitled CONTRACTOR SEALS REQUIREMENT annotating seal numbers on the shipping documents.

(xi) DRUM SHIPMENTS - The following requirements apply to drums filled under this contract:

(A) When drummed product is required, the Contractor will be responsible for providing the containers, pallets, and other services. The Contractor is responsible for drumming and palletizing product.

(B) Only new (unused) steel drums shall be filled under this contract. Drums used shall be 55 gallon capacity meeting, as a minimum, the Performance-Oriented Packaging (POP) wall thickness and testing criteria for the UN1A1 specification packaging of Packing Group (PG) III hazardous materials, as specified in Title 49 of the Code of Federal Regulations (49 CFR).

(C) Drums shall be internally coated (including bungs) with epoxy conforming to MIL-PRF-4556. Prior to filling drums, remove bung and inspect interior of each drum with a suitable droplight. Interior shall be free of rust, dirt, oil, water and all foreign matter.

Damage to the epoxy coating, including blisters, cuts, bare spots and other defects will be cause for rejection of the drum.

(D) The exterior of the drum shall be protected from external corrosion in adverse climates through the use of appropriate surface preparations and applications of a corrosion preventive coating compatible with JP-10 and RP-1.

(E) The line and filling system shall be flushed and drained with product to be loaded or filled immediately prior to use for filling drum orders under this contract.

(F) Fill drums with 53 +/- 1 gallon of JP-10 or RP-1, verified in accordance with the DETERMINATION OF QUANTITY CLAUSE of this contract.

(G) Filled drums shall be sampled and tested in accordance with Table I of this clause.

(H) After filling and sampling drum(s) insert bungs, tighten with bung wrench sufficient to stop any leakage, and apply a cap seal to each bung and vent closure in accordance with clause entitled CONTRACTOR SEALS REQUIREMENT.

(xii) CORRECTIVE ACTION.

(A) The QCP shall identify actions to be followed to effect correction of any deficiency affecting product quality or quantity determination, such as handling of off-specification product (waivers, conveyance rejections, etc.) The corrective action procedures shall include notification of the QAR.

(B) The Contractor shall perform all inspection and acceptance tests required by the specifications of the supplies to be furnished under this contract or shall have such tests performed in a laboratory acceptable to the Government. When such tests are performed at origin on supplies to be accepted at destination, documentation that will enable verification of of the original test results shall be provided to the Government at the time of acceptance.

(C) The QCP shall identify one individual to serve as a point of contact for quality/quantity matters relating to the inspection system description in the plan.

(D) The Contractor is responsible for all inspection systems, QCPs, and product quality and quantity.

(E) The Government QAR will be available to review and discuss the Contractor's proposed QCP; however, the

Contractor shall remain responsible for developing and describing acceptable quality control procedures.

(b) The Contractor shall perform all inspection and acceptance tests required by the specifications of the supplies to be furnished under this contract or shall have such tests performed in a laboratory acceptable to the Government. When such tests are performed at origin on supplies to be accepted at destination, documentation that will enable verification of the original test results shall be provided to the Government at the time of acceptance.

(c) The Contractor shall inspect all shipping conveyances prior to loading to determine suitability for loading. If the Contractor and the QAR disagree as to the suitability for loading of Government furnished conveyance for supplies to be accepted at origin, the determination of the QAR shall govern. Procedures to determine suitability to load tank trucks and tank cars shall include but not be limited to visual inspection of interior compartments to assure cleanliness and dryness. Manifolds, pumps and discharge hoses must be drained and be clean and dry for intended purpose.

(d) When requested by the U.S. Government, the Contractor shall furnish no more than five 1-gallon samples of liquid product from any individual batch or lot of the supplies to be furnished under this contract. Such samples shall be furnished without charge to the Government and shall be packed, marked, and shipped by the Contractor, at their expense.

(e) The Contractor shall keep all quality and quantity records, including Wide Area Workflow or electronic invoicing documentation, complete and available to the Government during the performance of this contract and for three years after final payment under this contract.

TABLE I

MINIMUM SAMPLING AND TESTING REQUIREMENTS

LOCATION

WHEN SAMPLED TYPE OF SAMPLE TYPE OF TEST

(See Table II for definition of Type A, B, and C testing.)

1. Refinery/Terminal Shipping Tank

Each Batch Prior to Commencement of Shipping or Drumming. (2)

2-Gallon All Level or Single Tank Composite

A (1)

2. Shipping Line (All Modes):

Dedicated Line

Prior to Loading/Shipping.

Line

C

3. Custody Transfer Point

Immediately After Start of Shipment.

Line C; Test results must be within ASTM reproducibility limits when compared to bulk tank test report results.

4. Tank Car/Truck/IMCs Loading Rack

After change of source tank. Line

C test plus additive analysis for FSII if line injected.

5. Tank Cars/Truck/IMCs

After filling. All Level Workmanship; C

6. Drum Fill Rack Prior to start of drum filling operation for each batch.

Nozzle C test plus Particulate Matter FSII content (if FSII is injected);

results must be within ASTM reproducibility limits when compared to bulk tank results.

7. Drums 10% of drums from packaged lot (minimum of one drum when lot consists of less than 10 drums).

Tube, Drum Thief All Levels or Composite

Workmanship and C tests.

NOTES FOR TABLE I:

(1) AFTER TESTING AN UPPER, MIDDLE, AND LOWER SAMPLE TO VERIFY BATCH CONFORMANCE TO HOMOGENEITY REQUIREMENT. HOMOGENEITY CAN BE ASSUMED WHEN UPPER, MIDDLE, AND LOWER SAMPLE TEST RESULTS FOR DENSITY/API GRAVITY (AND FSII, IF FSII IS PRESENT) FALL WITHIN THE

REPRODUCIBILITY LIMIT ESTABLISHED BY THE TEST METHOD.

(2) NO PRODUCTION BATCH SHALL BE RELEASED FOR SHIPMENT UNTIL FULL SPECIFICATION SAMPLE RESULTS

HAVE BEEN REVIEWED AND APPROVED BY GOVERNMENT ASSIGNED REPRESENTATIVE.

TABLE II

DEFINITIONS OF TEST SERIES

I. TYPE A: Includes full quality conformance testing in accordance with the physical requirements table in the product specification plus any additional contractual requirements.

II. TYPE B & C: As shown in the table below for each product. Properties and test methods will be in accordance with the product specification for each grade identified in the solicitation/contract.

RP-1

TEST PROPERTIES B C

Appearance Workmanship

Particulate content

Color

Density or API Gravity or Specific Gravity

Existent Gum

Freeze Point

Flash Point

FSII Content

Viscosity

Chemical Composition (in accordance with Appendices)

* THE PROCEDURE TO BE USED FOR CONDUCTING THESE TESTS WILL BE AS STATED IN THE APPROPRIATE

PRODUCT SPECIFICATION AND/OR CONTRACT.

DELIVERIES AND PERFORMANCE

DETERMINATION OF QUANTITY (JP-10/RP-1)

(a) QUANTITY. The quantity of supplies furnished under this contract shall be determined as follows:

(1) DELIVERIES F.O.B. ORIGIN INTO U.S. GOVERNMENT-OWNED OR LEASED STORAGE TANK(S).

(i) The quantity shall be determined by one of the following methods.

(A) Level determination by properly calibrated and certified level meter or manual hand gauge and converted to volume on the basis of certified capacity tables;

(B) Weight measurement through the use of certified load cells on the storage tank and converted to gallons; or

(C) Other means approved by the DLA Energy Contracting Officer.

(D) The Government has the right to have a representative present to witness the measurement of quantity.

(2) DELIVERIES F.O.B. ORIGIN INTO OR BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON.

(i) The quantity shall be determined by one of the following methods:

(A) Certified capacity table of the conveyance loaded;

(B) Calibrated meter; or

(C) Weight, using calibrated scales.

(D) The Government has the right to have a representative present to witness the measurement of quantity.

(ii) WATER BOTTOMS.

(A) Every delivery must be free of all water bottoms prior to discharge; and

(B) The Contractor is responsible for water bottom removal and disposal.

(b) VOLUME CORRECTION. Volume correction to gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius) is required for—

(1) All product volumes measured in storage tanks; and

(2) All other volumes of fuels and fuel oils measured in tank trucks, trucks and trailers, and tank wagons.

(c) MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS). Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor. In addition, the following specific standards will be used as applicable:

(1) API MPMS Chapter 11.1, Volume Correction Factors (API 2540/ASTM D 1250/IP 200/ISO 91-1). Either the printed version or the computer subroutine versions of the standard may be used. In case of disputes, the computer subroutine shall be the referee method.

(i) Use Volume III, Table 6C (or Volume IX, Table 54C), or volume correct in accordance with the product specification.

(ii) For JP-10 and RP-1, the quantity reported on all shipment paperwork should be reflected in U.S. gallons, so if the original measurement is by weight, then convert via—

(A) Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.

(B) Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit.

(2) API MPMS, Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation. If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent.

(3) API MPMS Chapter 12, Calculation of Petroleum Quantities. All calculations of net quantities shall be made in accordance with this chapter.

DELAY OF CARRIER EQUIPMENT (DETENTION)

Detention charges at the Contractor’s facility for delay of the carrier’s equipment in excess of the carrier’s tariff/tender allowable free time is to be documented on the carrier’s Transport Equipment Delay Certificate. Both the carrier driver and the Contractor must sign the certificate.

Documentation shall include the time and date the carrier driver arrived, the time and date the carrier driver departed, and the reason(s) for the delay.

Documentation shall be provided to the carrier driver prior to his departure from the facility.

CONTRACTOR NOTICE REGARDING LATE DELIVERY

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery Schedule or date, it shall immediately notify the Contracting Officer, in writing, giving pertinent details. This data shall not be construed as a waiver by the Government of any delivery Schedule or date or of any rights or remedies provided by law or under this contract.

CONTRACT ADMINISTRATION DATA

Not Applicable

SPECIAL CONTRACT REQUIREMENTS

TRANSPORTATION REQUIREMENTS FOR F.O.B. ORIGIN SHIPMENTS BY TANK TRUCK, TRUCKLOAD, AND/OR LESS THAN TRUCKLOAD (CYLINDER/DRUM)

(a) The address for the Transportation Office (TO) referred to in this contract text is—

ATTN: DLA ENERGY-QEMC

BUILDING 5730

1525 WURTSMITH STREET

JBSA-LACKLAND, TX 78236

PHONE: (210) 780-5031 / DSN 392-780-5031

FAX: (210) 925-8048

(b) For the purposes of this contract text and shipments made under the contract, a cylinder/drum may be considered “truckload” or “less than a truckload.”

(c) Shipments will be made on Commercial Bills of Lading (CBLs) in accordance with appropriate regulations. A CBL will be furnished by the TO in advance of the anticipated shipping date. In the event that a CBL is not provided prior to the shipment and under the direction of the TO, a carrier/contractor bill of lading may be used. The Contractor shall complete and distribute the CBLs as noted on the routing instructions furnished by the TO. The Contractor shall annotate on the CBL the weight/gallons, seal numbers, and signature of the agent. The Contractor shall fax the completed CBL to the TO.

(d) The Contractor is responsible for—

(1) Contacting and scheduling the carrier in for loading, when directed by the TO in the routing instructions;

(2) Inspecting all shipping conveyances prior to loading to insure that product loaded will not be lost or contaminated by the condition of the equipment. Tank truck inspection must be performed by qualified Contractor personnel. Delegation of this responsibility shall not be passed to the tank truck operator/driver; and

(3) Loading of transport equipment shall be in accordance with 49 CFR. The Contractor is liable for reimbursement to the Government for damage to any equipment caused by the failure to load, block, and brace the shipment in accordance with acceptable standards set forth therein.

(4) DD Form 626, Motor Vehicle Inspection (Transporting Hazardous Materials). The Contractor is required to fill out the DD Form 626 using one of the options provided below for all shipments of hazardous materials:

(i) The carrier will submit a copy of the vehicle mechanical inspection performed at the carrier’s terminal. Annotate in Block 15 of the DD Form 626 that “the carrier performed the vehicle mechanical inspection (Section II) and a copy of the inspection is attached to the DD Form 626” (making sure the shipper knows he/she is to attach the inspection to the DD Form 626). The Contractor is required to sign in Block 16.

(ii) If the carrier does not have a copy of the vehicle mechanical inspection, the Contractor should annotate in Block 15 of the DD Form 626 that “the vehicle mechanical inspection (Section II) was performed by the carrier” and the driver shall sign the DD Form 626.

(iii) A copy of the signed and dated DD Form 626, along with a completed CBL, shall be faxed or emailed to the TO.

(5) On the day of shipment, the Contractor shall provide a Report of Shipment within 4 hours of departure or within 2 hours the next day (if contact cannot be made on the day of shipment) to the TO. The Report of Shipment may be made by fax or phone and must include the following information:

(i) CBL Number.

(ii) Name of Carrier.

(iii) Carrier Progressive (Pro) Number.

(iv) Tractor and Trailer Name.

(v) Departure Date and Time.

PART II - CONTRACT CLAUSES

CONTRACT CLAUSES

ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS

(a) In the event this contract is terminated for cause, in whole or in part, the Government will incur administrative costs.

(b) The Contractor agrees to pay all administrative costs associated with a contract termination action. The minimum amount the Contractor shall pay for each termination action is $500. This payment for administrative costs is in addition to any excess re-procurement costs and any other remedies or damages resulting from the termination.

(c) The term termination action, as used herein, means the termination for cause, including any associated re-procurement effort, involving--

(1) Any single order or any group of orders terminated together;

(2) Any item or group of items terminated together; or

(3) The entire contract.

FEDERAL, STATE, AND LOCAL TAXES (DEVIATION)

(a) As used in this contract provision--

(1) After-imposed tax means any new or increased Federal, State, or local tax that the Contractor is required to pay or bear the burden of as the result of legislative, judicial, or administrative action taking effect after the contract date.

(2) After-relieved tax means any amount of Federal, State, or local tax that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear the burden of, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.

(3) All applicable Federal and State taxes means all excise taxes that the taxing authority is imposing and collecting on the transactions or property covered by this contract pursuant to written ruling or regulation in effect on the contract date.

(4) Contract date means the date set for bid opening or, if this is a negotiated contract or a modification, the date set for final revised prices.

(5) Local taxes means taxes levied by the political subdivisions of the States, District of Columbia, or outlying areas of the United States, e.g., cities and counties.

(6) Outlying areas means—

(i) Commonwealths. Puerto Rico and the Northern Mariana Islands;

(ii) Territories. American Samoa, Guam, and the U.S. Virgin Islands; and

(iii) Minor outlying islands. Baker Island; Howland Island, Jarvis Island; Johnston Atoll; Kingman Reef; Midway Islands;

Navassa Island; Palmyra Atoll; and Wake Atoll.

(7) State taxes means taxes levied by the States, the District of Columbia, or outlying areas of the United States.

(8) Tax means taxes, duties and environmental or inspection fees, except social security or other employment taxes.

(b) The contract price includes all applicable Federal, State, and local taxes, except as otherwise provided. (See either the FEDERAL AND STATE TAXES/FEES or FEDERAL, STATE, AND LOCAL TAXES AND FEES contract provision.)

(c) The contract price shall be increased by the amount of any after-imposed tax if the Contractor states in writing that the contract price does not include any contingency for such tax.

(d) The contract price shall be decreased by the amount of any after-relieved tax.

(e) The contract price shall also be decreased by the amount of any tax that the Contractor is required to pay or bear the burden of, or does not obtain a refund of, through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer.

(f) The Contractor shall promptly notify the Contracting Officer of all matters relating to any tax that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs.

(g) The Government shall, without liability, furnish evidence appropriate to establish exemption from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption.

RESPONSIBILITY FOR GOVERNMENT-OWNED ENERGY AEROSPACE PRODUCTS

(a) Title to any Government-owned Energy Aerospace products in the possession of or under the custody of the Contractor by reason of this contract, which is hereinafter referred to in this provision as "Government-owned product," shall at all times remain in the Government, and Government-owned product shall be used only for the purposes set forth in this contract. The Government shall always have access to the premises wherein any Government-owned product is located.

(b) The Contractor shall protect and preserve Government-owned product in a manner consistent with sound industrial practice.

(c) Government-owned product shall not be commingled in the same tank, truck, or any other storage container with non- Government-owned product. Actual physical segregation of Government-owned product shall be maintained in addition to separate inventory accountability for Government-owned product.

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

(1) Which results from negligence, or bad faith, or willful misconduct of the Contractor, its employees, or agents; or

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

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

(f) In order to maintain accountability and control over Government-owned product and other property located at the Contractor’s facility, it is necessary to designate the Contractor’s facility as a Energy Aerospace Support Point (EASP). As a designated EASP, the Contractor will be required to submit DD Form 2924, Monthly Inventory Transactions Report (MITR). Entries on the MITR must be supported by DD Form 2913, Missile Propellants Consolidation and Reporting of Sales; DD From 1348-7 and 1348-8, DoD MILSPETS EASP Shipment and Receipt Document; DD Form 1898 Fuel Sale Slip; and DD Form 250, Material Inspection and Receiving Report, as appropriate. The MITR package will be emailed to the Energy Aerospace Resolution Specialist no later than the 10th calendar day of the following month.

(1) The applicable Customer Account Specialist issue the DD Form 1149, Requisition, and Invoice/Shipping Document, for all issues and distribution of Energy Aerospace products from inventory in storage. The DD Form 1149 will be issued at least seven days prior to loading bulk and non-bulk (cylinder or drum) shipments. The Contractor shall provide points of contact, alternate points of contact, and an emergency point of contact for scheduling shipments.

(2) Net inventory determinations of Government-owned product shall be performed on the first workday of each month.

(i) Quantity calculations shall be in accordance with the DETERMINATION OF QUANTITY provision.

(ii) DD Form 2924 shall be prepared by the Contractor at the first of each month to include the beginning inventory, receipts, sales, transfers, losses/gains, and the ending inventory of the previous month. Bulk, drum, cylinder, and/or GPTU inventories shall be reported under separate columns on the DD Form 2924 and will be reported each month in the appropriate unit of issue, NSN, and nomenclature.

(iii) The monthly inventory variance percentage shall be calculated when the MITR is prepared. To calculate the inventory variance percentage, determine the difference between the ending book and ending physical inventory for the month and divide by the sum of the beginning physical inventory and receipts, transfers in, regrade increases and determinable gains. Multiply the result by 100 to determine the percentage. A variance percentage in excess of authorized percentages shall be _10___ % and will require investigation and a written explanation to accompany the associated MITR.

(g) All information reported on DD Form 2924 shall be considered proprietary data and shall not be released to any activity or organization outside DLA/DLA Energy.

(h) All records and documents identified above are DLA/DLA Energy-accountable records and must be retained in accordance with contract clause I119.03.100.

INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD AT CONTRACTOR ENERGY AEROSPACE SUPPORT POINTS (EASPs)

(a) INTRODUCTION. The Contractor shall prepare all documentation and systemically process related transactions in accordance with the information and instructions provided herein as well as the Energy Aerospace-Volume 7, Section 7 to DODM 4140.25, DoD Management of Bulk Petroleum Products, Natural Gas, and Coal, and DLA Energy-Aerospace interim guidance P-11. Both guidelines will be provided to the Energy Aerospace Support Point (EASP). In addition, as the Energy Aerospace Business Unit (DLA Energy-FEM) continues to implement DLA’s web-based Enterprise Business System (EBS), the Contractor shall conform its processes to that automated system as well. All documents are subject to change and the vendor is responsible for implementing the required changes within 30 days of publication or later if agreed upon by the Government. Unless the Government has specifically stated it will provide the hardware, the Contractor shall provide requisite hardware (specifications will be provided by the Government) capable of processing all applicable inventory and accounting transactions on a daily basis (weekdays excluding weekend and holidays) through DLA Energy-provided applications or software. At a minimum, EBS applications shall require the Contractor to provide and have on-site high-speed internet access with a static Internet Protocol (IP) address, electronic mail (e-mail) with individual user accounts, the current (i.e. most up to date) version of Adobe Acrobat, and Microsoft Office. DLA Energy web-based applications will use the DoD Public Key Infrastructure (PKI) compliant web browser which will be provided by the contractor. These web-based applications require user identifications and passwords in accordance with DoD Automated Data Processing (ADP) Level III systems access. The Contractor shall be responsible for (in conjunction with DLA Energy/DLA) identifying employees who will be processing inventory/accounting transactions and for obtaining requisite systems access for those employees. It should be noted that DoD ADP Level III systems access requires a National Agency Check Investigation (NACI). Those contractors that have not had a NACI will be provided guidance and direction to the investigation, which DLA will initiate. The Contractor shall immediately notify DLA Energy when Contractor personnel with access privileges no longer work at the contract facility or no longer require access to the EBS systems or web-based systems. System access request will be provided by DLA Energy upon system implementation.

(b) AUTOMATED FUEL INVENTORY REPORTING REQUIREMENTS. This section applies only after the Fuels Manager Defense

(FMD) is fielded and transactions are automated. Prior to that implementation reporting should be accomplished using the process in the interim guidance P-11. Contractor shall prepare all documentation and systemically process each transaction affecting inventory of Government-owned products in its possession by virtue of this contract in accordance with the information and instructions provided herein and Department of Defense Manual DODM 4140.25, DLA Energy interim guidance P-11. Within one business day of each transaction/business event (next business day for transactions/events on weekends and holidays), the Contractor shall input transaction data into the automated inventory and accounting system(s) or applications designated by the Government. Initial training for inputting transactional data will be provided by the Government via on-site support or via electronic means (e.g., user manuals or on-line support/tutorials), after which the Contractor assumes all responsibility for timeliness and accuracy of transaction data input by its employees. The Contractor shall prepare and report each transaction in accordance with guidance provided during the training. The Government will advise the Contractor in writing of any changes in processing and reporting procedures. The Government reserves the right to telephone the Contractor on a daily basis (excluding weekends and holidays) to obtain information concerning processed transactions to monitor transactions using identified processing systems.

NOTE: DOCUMENTATION REQUIREMENTS. The following lists the documentation requirements for transactions: In accordance with the Aerospace Energy Chapter to DoD 4140.25-M and/or applicable interim guidance, the EASP Manager shall be assigned the responsibilities parallel to those of a Government Responsible Office for Defense Working Capital Fund (DWCF) owned Energy Aerospace products. The EASP Manager, on behalf of the Contractor, shall adhere to the requirements of DoD 4140.25-M, applicable interim guidance at all times.

NOTE: Refer to DLA Energy Aerospace interim guidance P-11 for a list of required forms.

(c) OTHER REQUIREMENTS.

(1) STORAGE TANK OUT OF SERVICE. Prior to removing a storage tank or any other storage container from service, the Contractor shall immediately notify the Energy Aerospace Accountable Officer (AO) by telephone, with follow-up confirmation in writing, providing the date and time the tank is scheduled to be removed from service. In addition, the Contractor shall provide the Energy Aerospace AO with a written estimate of unrecoverable product. The estimate will be reviewed and approved by the AO prior to taking any tank or storage container that stores DLA-owned products out of service.

(2) UNRECOVERABLE PRODUCT. Prior to the end of the contract period, the Contractor shall provide the AO a written estimate of unrecoverable product remaining in any storage container. The estimate will be reviewed and approved by the AO prior to the expiration of the contract period.

(3) STATEMENT OF AUTHORIZED SIGNATURES. The Contractor shall furnish the AO a statement containing the names and handwritten signatures of persons authorized by the Contractor to receive and accept Government-owned product or property. In addition, the Contractor is required to provide the DLA Energy Aerospace AO with written notification when previously authorized persons depart (leave, quit, transfer, etc.,) and new personnel are appointed to these positions.

(4) CHANGE IN EASP OPERATOR. Transfer of residual inventory from expired contracts will be made regardless of whether there is a change in contractors. The transfer of EASP product will be accomplished as follows:

(i) The outgoing Contractor, the new Contractor, and a designated Government representative will jointly inventory all on-hand inventories for each product and document these inventories on DD Forms 2917 and 2924. Each DD Form 2917 will be signed by the incoming and outgoing EASP Managers and Accountable Officials.

(ii) Upon completion of the inventory transfer, a summary DD Form 1348-8, reflecting both outgoing and incoming Contractor signatures verifying accuracy of the inventory summary, supported by the applicable DD Forms 2917 and 2924, will be completed for each product.

(iii) The following certification will be typed in the Memo block of each DD Form…