Amd 0002.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT J 1 4

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

June 8, 2009

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

Jebel Ali Area

6. ISSUED BY CODE SCO600 7. ADMINISTERED BY (If other than Item 6) CODE

ATTN: Steve Hull/DESC-BYB Defense Energy Support Center 8725 John J. Kingman Road,Suite 4950 Ft. Belvoir, VA 22060-6222 Phone: (703) 767-9351 Fax: (703) 767-9338 Email: steve.hull@dla.mil

8. NAME AND ADDRESS OF CONTRACTOR (NO., street,city,county,State,and ZIP Code) () 9A. AMENDMENT OF SOLICITATION NO.

x

SP0600-09-R-0510

9B. DATED (SEE ITEM 11)

May 1, 2009

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

BIDDER CODE: CAGE CODE:

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ X ] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ ] is extended [X ] is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) by separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office appropriation date, etc.) SET FORTH

IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER Specify type of modification and authority)

E. IMPORTANT: Contractor [ ] is not, [ X ] is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

SEE PAGE 2

Except as provided herein, all terms and conditions of the document referenced in Items 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

ALICIA C. WILLIAMS

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C.DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C.DATE SIGNED

NSN: 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Prescribed by GSA

SP0600-09-R-0510

COCO Storage Services, Jebel Ali

Amendment 0002, Page 2

1. The following information is provided in response to clarification Request received:

A. Clarification: Request DESC’s definition and requirements on “protecting” of the U.S. Government owned petroleum product.

DESC Response: “Protecting” of U.S. Government owned petroleum product is referencing quality of the product from degrading while being stored and the physical security of the product.

B. Clarification: Request DESC’s clarification if “an inspection system” is referred to maintenance and preventive maintenance program of the facility.

DESC Response: This information would be contained within the Quality Control Plan which would include the schedule for tank cleaning, how long the tank would be down and not on revenue, etc. Also to include the daily drain off of free water, filter changes on inlet filter separators and calibration of meters for example.

C. Clarification: Request DESC’s clarification under which circumstances and on which basis delay is being defined and demurrage is being calculated.

DESC Response: Demurrage delay should be directed to ships. Situation would be a weather delay or a problem with the ship or force protection problems, etc.

D. Clarification: Reference Clause F1.05 (o) (1) (v) - Request DESC’s definition (quantity) of “a full vessel cargo.”

DESC Response: A full vessel cargo is a vessel that is normally loaded with 310,000 barrels of product.

E. Clause F1.14 (b) RECEIPTS OR SHIPMENTS OF RESIDUAL FUELS. Request DESC’s acknowledgement and confirmation that this paragraph is not applicable for the contract envisaged with this Solicitation.

DESC Response: This is considered to be tank bottoms. It is understood that tank bottoms accountability is applicable to this solicitation/contract.

F. Clarification: Clause I1.03-1 (a) - Request DESC’s clarification and definition of the term “reasonable time after the defect was discovered or should have been discovered.” Especially with regards to the terms “reasonable time” and “should have been discovered”.

DESC Response: Clause I1.03-1(a) on inspection/acceptance, the terms “reasonable time” and “should have been discovered” have their ordinary dictionary meaning and cannot be defined further. Ultimately, what is a reasonable time and when something should have been discovered would be a judgment call for the contracting officer or a judge based upon all the facts and circumstances of a particular case.

G. Clarification: Request DESC’s acknowledgement of the following: Clause I1.03-1 (j) does not apply for the contract under this Solicitation but for supply services is therefore to be deleted from the contract clauses.

DESC Response: Clause I1.03-1(j) on risk of loss applies to contracts for supplies and is not currently applicable to this solicitation for fuel services and is dormant unless supplies are required. Other clauses i.e., I43.01, LIMITATION OF LIABILITY—SERVICES, Clause I116, RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS, Clause F1.04, GENERAL RECEIVING AND STORING CONDITIONS, Clause F1.05, GENERAL SHIPPING CONDITIONS, provide all the terms and conditions on risk of loss that are needed for this solicitation. A change to Clause I1.03-1(j) is not necessary and offerors are advised that the contract contains these other clauses which specifically control when the risk of loss is on the contractor and when it is on the Government.

Amendment 0002, Page 3

H. Clarification: Clause I1.03-1 (m) - Request for DESC’s acknowledgement and confirmation of the following:

In the event the Government notices that CONTRACTOR fails to comply with any contract terms and conditions or conduct the service in a manner which could result in the Government to exercise it’s right for TERMINATION FOR CAUSE the Government shall before exercising it’s right for TERMINATION FOR CAUSE first notify CONTRACTOR in writing of the shortcomings and shall give CONTRACTOR the opportunity to cure and rectify the shortcomings within a reasonable time. It would be only fair to give CONTRACTOR the chance to rectify before immediately terminating the contract.

DESC Response: The termination for cause provision in Clause I1.03-1(m) cannot be changed. If the offeror takes an exception to this clause, we can advise the offeror that under Clause E5.03(e) on Inspection of Services the contracting officer or her representative would notify the contractor of the nonconformance of services and allow the contractor to re-perform the services or if the services could not be re-performed, then notify the contractor “to take necessary action to ensure that future performance conforms to contract requirements and reduce the contract price to reflect the reduced value of the services performed.” Normally, these notices of contract deficiencies with an opportunity to cure past or future performance would occur prior to the contracting officer taking the drastic measure of terminating the contract for cause.

I. Clarification: Clause I1.03-1 CONTRACT TERMS AND CONDITIONS (OCT 2008) - Request for DESC’s acknowledgement and agreement of the following: Sub clauses I1.03-1 (n) and (o) do not apply for the contract under this Solicitation but for supply services and are therefore to be deleted from the contract clauses.

DESC Response: These terms remain dormant and would only apply if the contract was modified and the contractor was required to provide some equipment or supply.

J. Clarification: Clause I1.04-1 (d) (2) - As per local laws and regulation CONTRACTOR is to keep all relevant business documents for a period of 7 (seven) years. All document older then 7 (seven) years will be made unrecognizable and be disposed. The maximum period for a document to be made available shall not exceed 7 (seven) years.

DESC Response: Clause I1.04-1(d)(2) is statutorily required and we may not shorten the time period for the examination of records. Under the terms of this clause, the most records would be retained for examination is 8 years which is only one year longer than the 7 requested.

K. Clarification: Clause I2.06 - Request for clarification of the following: In order to provide the services under this contract in the first place infrastructure and resources are to be put in place, provided and committed for which not only comes along with high accruing cost but which are also not flexible in time or place.

Clause I2.06 is practicably not applicable as the services under this contract do not provide the flexibility especially with regards to sub clauses (a) (2), (a) (3), (a) (4), (a) (5) and (a) (6).Changes in the way CONTRACTOR is providing its services shall be done by using the QCP which is a living document. The Contracting Officer has the right at any time to request for changes in the QCP. Clause I2.06 seams to be applicable only for supply services and not for the services provided under this contract.

DESC Response: The three provisions are only applicable if or when supply items would be required for performance of the contract. On the terms for changes in (a)(2) and (a)(3), DESC requires these terms as they provide flexibility, and that if such changes were to be made to any resulting contract the contractor would be entitled to request an equitable adjustment for the cost of the change.

L. Clarification: I72.06 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000) - Request DESC’s acknowledgement of the following: Clause I72.06 is not applicable for the services to be rendered under this contract and is to be deleted.

Amendment 0002, Page 4

DESC Response: Clause I72.06 is required by the Cargo Preference Act and cannot be deleted. Although it would not come up normally in a service contract, it could come up if the contractor was required to ship supplies by sea in order to install facilities necessary to perform the contract.

M. Clarification: Clause I116 (d) - Request for DESC’s acknowledgement and confirmation of the following:

Contractor is to be only storing and handling petroleum products on behalf of our clients.

DESC Response: The government does not intend to abandon any product at this installation. It is understood that this installation does not own product held in their facility.

N. Clarification: Clause I119.04 (c) (4) - Request DESC’s clarification on applicability, requirements, understanding and expectation with regards to the services rendered under any final contract using USBank POWERTRACK on-line freight payment system. Where is this system to be found? What are the requirements for CONTRACTOR to use the system?

DESC Response: The use of USBank POWERTRACK on-line freight payment system is not currently required at this location.

O. Clarification: Clause I147 DEMURRAGE (DESC NOV 1989) states: Subject to paragraph (c) of the DEFAULT clause, the Contractor shall pay to the vessel operator or carrier, or reimburse the Government for, any demurrage incurred by reason of the Contractor's failure to comply with the provisions of this contract. Contractor can only be made liable for Demurrage subject to the applicability on a case-by-case basis as defined and transcribed under Clause F1.04 GENERAL RECEIVING AND STORING CONDITIONS (DESC OCT 1997) or under Clause F1.05 GENERAL SHIPPING CONDITIONS (DESC OCT 1997).

DESC Response: The references to Clause F1.04 and F1.05 are correct. Clause I147 reference to the Default Clause paragraph (c) references the FAR Clause for Default (FAR 52.249-8) incorporated by reference and the referenced paragraph (c) contains the force majeure provisions and affords those protections to the contractor and Government.

2. All other terms and conditions remain unchanged.

[ X ] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ ] is extended [X ] is not extended.