AFG 09-R-0707---TRANS--Addendum.pdf

ADDENDUM

PACKAGE

SOLICITATION: SP0600-09-R-0707

PURCHASE PROGRAM: 1.1L

THE ENCLOSED SOLICITATION COVERS THE PERIOD:

TRUCK TRANSPORTATION SERVICES TO AFGHANISTAN

PERFORMANCE PERIOD: JULY 1, 2009 THROUGH JUNE 30, 2010 plus a 30-day carry over period

TO BE TIMELY, OFFERS MUST BE RECEIVED AT THE

DEFENSE ENERGY SUPPORT CENTER BY:

March 20, 2009, 1:00 P.M. LOCAL TIME

SP0600-09-R-0707

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CLAUSE

NUMBER

CLAUSE TITLE

PAGE (S)

SECTION B

C600 STATEMENT OF WORK (DESC JAN 1987)

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SECTION E

E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF SERVCES

(DESC AUG 1981)

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E5.03 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996)

E22.01 QUALITY REPRESENTATIVE (JUL 1992)

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004)

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SECTION F

F1 DELIVERY CONDITIONS FOR TANK CARS, BOXCARS, TRUCKS, TRANSPORT TRUCKS,

TRUCKS AND TRAILERS, TANK WAGONS, PIPELINE, AND LIGHTERS (DESC JUN 2002)

F1.09 DETERMINATION OF QUANTITY (DESC OCT 2008)

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F4 DELIVERY AND ORDERING PERIODS (DESC JUN 2002)

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F40 REQUIREMENT TO PROVIDE ADDITIONAL TRUCKING ASSETS (OVERSEAS BULK)

(DESC JAN 2005)

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SECTION G

G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998)

G3.01 PAYMENT DUE DATE (DESC OCT 1988)

SECTION H

H19.02

REPORTING REQUIREMENTS FOR SHIPMENTS (DESC OCT 2007) A-17

H70 COMPLIANCE WITH LAWS AND REGULATIONS (JUL 2008)

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SECTION I

I1.07 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (APR 2008/SEP 2007)

I11.01-2

ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS

(DESC FEB 1996)

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I11.04 BANKRUPTCY (JUL 1995)

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I12.02

CHOICE OF LAW (OVERSEAS) (JUN 1997) A-20

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I27 GRATUITIES (APR 1984)

I28.21 TAXES - FOREIGN FIXED-PRICE CONTRACTS (JUN 2003)

I33 INTEREST (JUN 1996)

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I84 REQUIREMENTS (OCT 1995)

I90 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

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I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION

(DESC MAY 1978)

I211 ORDERING (OCT 1995)

I229 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995)

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I285.01 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (MAR 2006)

I285.03 CONTRACTOR PERSONNEL IN THE UNITED STATES CENTRAL COMMAND AREA OF

RESPONSIBILITY (OCT 2007) (DEVIATION) (2007-O0010)

I285.05 ARMING REQUIREMENTS AND PROCEDURES FOR PRIVATE SECURITY COMPANY

(PSC) CONTRACTS, PERSONAL SECURITY DETACHMENT (PSD) CONTRACTS, AND

FOR REQUESTS FOR PERSONAL PROTECTION IN IRAQ AND AFGHANISTAN (JUL 2008)

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I285.06 ARMED PERSONNEL – INCIDENT REPORTS (JUL 2008)

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I288 FITNESS FOR DUTY AND LIMITS ON MEDICAL/DENTAL CARE IN IRAQ AND

AFGHANISTAN (JAN 2009)

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I340 COMBATING TRAFFICKING IN PERSONS (AUG 2007)

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I345 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMAN LIVING CONDITIONS, AND

WITHHOLDING OF EMPLOYEE PASSPORTS (JUL 2008)

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I385 NOTIFICATION OF CONTRACTING OFFICER IN THE EVENT OF DISCOVERY OF

EVIDENCE OF FRAUD UNDER THE CONTRACT (DESC JUL 2008)

I408 QUARTERLY CONTRACTOR CENSUS REPORTING (JUL 2008)

SECTION L

L2.10 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

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L2.10-1 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

L2.11-2 FACSIMILE PROPOSALS (OCT 1997)

L2.11-4 E-MAIL PROPOSALS (DESC APR 2005)

L5.01-1 AGENCY PROTESTS (APR 2006) - DLAD

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L74 TYPE OF CONTRACT (APR 1984)

L79 SINGLE OR MULTIPLE AWARDS (OCT 1995)

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SECTION M

M2.11 EVALUATION - COMMERCIAL ITEMS (JAN 1999)

M55 CONVERSION FACTORS (DESC MAR 2007)

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C600 STATEMENT OF WORK (DESC JAN 1987)

1. Transportation trucking services are required to transport aviation turbine and diesel fuel to the required locations:

PRODUCT ORIGIN DESTINATION

Aviation Turbine Fuel Diesel Fuel

DFSP Kabul-Tryco DFSP Kabul-National

DFSP Bagram FOB Fenty

FOB Sharana

TANK TRUCK REQUIREMENTS FOR DELIVERY:

1. General Notes-

a. Contractor shall discharge the fuel into designated U.S. storage tanks, tank bags or tank trucks that are permanent or temporarily positioned at the locations shown above. The contractor shall provide transportation services that maintain product quality.

b. Contractor is responsible for all documentation required by the Government of Afghanistan for the transportation of fuel in

Afghanistan. Additionally, the contractor is responsible for payment of any tolls, taxes, fines, etc. imposed by the Government of Afghanistan.

c. Contractor must verify and maintain: authorization to operate and do business in Afghanistan; whether it intends to use private security companies; licenses and permits required in connection with this contract; and, that it will fully comply with all of the laws, decrees, labor standards, and regulations of Afghanistan during the performance of the contract period. This contractor submitted information is required to gain access to U.S. Government facilities.

d. Contractor shall perform in accordance with the best industry standards, and comply with all local regulatory bodies, laws, codes, ordinances, and regulations.

e. Contractor must meet all technical specifications for truck loading.

f. All trucks internal surfaces must be as follows:

(1) If the product to be loaded is Aviation Turbine Fuel and truck/trailer is to remain in Multi-product service it must be

Epoxy-coated mild steel/Aluminum.

(2) If the product to be loaded is Aviation Turbine Fuel, Diesel, or Gasoline and truck/trailer is to remain in dedicated product service (i.e., can not switch from one product to the other) it may be un-coated mild steel.

g. Contractor shall provide services 24 hours per day and 7 days a week including weekends and holidays.

h. In the performance of this Statement of Work, contractor shall provide, per truck, licensed and responsible drivers who are also certified (by the local jurisdiction) to transport hazardous/flammable goods. In addition, contractor shall provide all necessary services and supplies - this includes necessary equipment and life support for the drivers. Contractor is responsible for the arrangement of all necessary visas, fees, and passports for its drivers; contractor must also provide DESC with the drivers’ name, driver license number, passport (copy), Visa (copy of visa 14 or 18), and birth certificate (copy). Also, transport truck identification information must be submitted.

i. Claims for any damages to any facilities, including end user’s storage facilities and or personal injury, will be the responsibility of the contractor.

j. Upon contract award, contractor must register all employees and subcontractors associated with this contract into the SPOT database and the BATS system.

2. Security Requirements-

a. Contractor drivers shall take written or verbal direction from an authorized U.S. Government Representative. Contractor drivers shall follow the security guidance from the U.S. Government.

b. U.S. Government will NOT provide security escort for trucks transporting fuel product in Afghanistan.

c. If contractor provides security, the security firm must: have appropriate Afghanistan security licenses, and must have been granted CENTCOM approval. Contractor shall provide copy of licenses to DESC.

3. Safety Requirements-

a. Tank trucks will comply with the local commercial safety regulations.

b. Vehicles shall comply with all mandatory safety requirements and regulations of Afghanistan and of the loading/offloading facilities.

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4. Transit Requirements-

a. No unauthorized stops in Afghanistan will be made by any tanker, unless authorized by the U.S. Government. (Vehicle breakdowns and routine meal/sleep accommodations are an exception).

b. Contractor will be responsible for the recovery of tractors and tankers. Contractor is responsible for the safeguarding of any and all product, and reporting any loss of product to a U.S. Government authorized representative (upon the submission of a delivery ticket).

c. Truck drivers will be responsible for all of the tasks outlined below. Note that all paperwork must be in English:

(1) The accountability of equipment, personnel, product to be transported, and all forms and reports.

(2) Ensuring that all personnel have the proper amount of life support for their mission. Food and water are the responsibility of the contractor and will not be provided by the U.S. Government.

(3) Pre-checking vehicle for proper documentation that includes: passport(s), loading and unloading documents, and operator’s license; and checking for equipment serviceability, which includes the required amount of tank truck fuel to be used on the journey.

(4) Ensuring the safeguarding of all documentation during the mission, and the tracking of download documents and the consolidation of completed documents upon completion of the mission that will be provided to the authorized DESC representative.

(5) Ensuring that the drivers check in at all appropriate U.S. Military areas (as directed by the U.S. Government) when the drivers arrive and depart.

5. Equipment Requirements-

a. Any authorized U.S. Government representative has the right to refuse any equipment if deemed unsafe or not road worthy.

Contractor will replace the rejected vehicle.

b. Maintenance for vehicles shall include repair and replacement of mechanically defective equipment or accident damaged equipment. Contractor shall provide replacement of defective truck and trailer parts.

c. Contractor shall provide trucks that are fully operational, and supply qualified maintenance personnel to perform maintenance 7 days a week, 24 hours a day. Contractor will only be paid for operational trucks. All repairs will be completed within 24 hours. Tankers that need maintenance or are down for ANY reason shall be replaced at no extra cost to the U.S. Government.

d. Contractor shall be responsible for all parts maintenance.

6. Additional Documentation Requirements-

a. It is the contractor’s responsibility to perform operation checks before, during, and after the trip.

b. Contractor shall maintain the “driver files”. These files shall include complete information about the driver, such as copies of passport, Visa, driver’s license, training documents and other documentation that is requested by the U.S. Government.

c. Loss of Product: Any loss of product will be reported to an authorized representative of the U.S. Government upon submission of a delivery ticket. The fuel loss will be followed up with a written report within 24 hours. All losses will be immediately recovered by DESC upon submission of invoice to DESC. The invoice will list fuel losses and dollar values of the lost product per truck. The fuel loss dollar value, which equates to the DESC standard price of fuel at the time of upload, will be deducted from the total amount due to the contractor.

d. If necessary, transfers of product from tanker to tanker must be documented; copies of the transfer are to be forwarded to authorized U.S. Government personnel. These forms must contain tanker numbers, date, and liters, type of product, old delivery note number and new delivery note number, and a statement as to why the product is being transferred.

e. Contractor shall provide delivery receipts (DD1348-7) for all products delivered. Receipts shall be signed by the authorized

U.S. Government Representative.

f. Contractor must maintain control of all documents. Contractor will process all bills in accordance with the procedures set forth in the Invoicing and Payment Clause.

g. Contractor shall prepare and submit to DESC the following documentation:

(1) Daily Event Situation Report (SITREP) prepared by 9:00 PM Afghanistan local time, each day, to include weekends, to identify the following information;

(a) Tanker Number

(b) Document Number

(c) Quantity loaded to each location

(d) Load Date

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(e) Load Point

(f) Destination

(g) Date of Delivery

(h) Quantity delivered to each location

(i) Number of vehicles needed to complete mission

(2) Truck Report

(a) Vehicle ID

(b) Plate Number

(c) VIN Number

(d) Description (Make, Model, Year, Owned or Leased Status, and Name of Owner, Reason for non compliance)

(c) Current Status

(3) Event Reports

(a) Truck Number

(b) Tanker Number

(c) Load Point

(d) Convoy Number

(e) Date

(f) Location

(g) Description

(h) Status

(4) Fuel Loss Report

(a) Date

(b) Tanker Number

(c) Quantity Lost

(d) Document Number

(e) Fuel Type

(f) Explanation

(5) Accident Reports

(a) Number of Personnel injured

(b) Date of Accident

(c) Location

(d) Types of injuries

(e) Explanation

(6) Quality Control Plan

(7) Current Driver Status: Required/Requested/Expected Arrival Dates.

7. Quality Requirements

a. Contractor shall ensure that tank trucks that are dedicated to hauling aviation and diesel fuel are clean and suitable to receive product. Any truck that does not meet these cleaning requirements will be rejected and turned away. Rejected trucks will not be used until they meet cleaning requirements and are approved by the U.S. Government quality representative. The cleaning requirements are as follows:

PRODUCT TO BE LOADED

LAST

PRODUCT

CARRIED (2)

JP-4

JET B

MOGAS

GASOHOL

E85

AVGAS

JP-5

JP-8

JET A/A1

DF-W

KSI/R, KSN

TS1

F76 , MGO

LS-1/2/S/W

DS-1/2/S/W

HS-1/2,

FS-1/2

BIODIESEL

FS-4/5/6

FL-4/5

RF-4/5/6

R5L

IFO

LUBRICATING

OILS

JPTS FSII

JP-4, JET-B

MOGAS

GASOHOL

E85, AVGAS

DRAIN

EMPTY

STEAM

DRY

STEAM

DRY

STEAM DRY STEAM DRY STEAM DRY STEAM

DRY

JP-5, JP-8,

JET A/A1,TS1

DF-W,

KS1/R, KSN

DRAIN

EMPTY

STEAM DRY STEAM DRY STEAM

DRY

F-76, MGO STEAM DRAIN DRAIN DRAIN STEAM DRY STEAM DRY STEAM

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LS-1/2/S/W

DS-1/2/S/W

HS-1/2, FS-1/2

BIODIESEL

DRY

(3)

EMPTY

(3)

EMPTY (3) (3) DRY (3)

FS-4/5/6, FL-4/5

RF-4/5/6, R5L

IFO

NO LOAD NO LOAD NO LOAD DRAIN

EMPTY (3)

NO LOAD NO LOAD NO LOAD

LUBRICATING

OILS

NO LOAD NO LOAD STEAM DRY DRAIN

EMPTY

DRAIN

EMPTY (3)

NO LOAD NO LOAD

JPTS, RP-1,

RP-2

DRAIN

EMPTY

DRAIN

EMPTY

DRAIN

EMPTY

DRAIN

EMPTY

STEAM

DRY

DRAIN

EMPTY

STEAM

DRY

JP-10 STEAM

DRY

STEAM

DRY

STEAM DRY STEAM DRY STEAM DRY STREAM DRY STEAM

DRY

FSII DRAIN

EMPTY

DRAIN

EMPTY

DRAIN

EMPTY

DRAIN

EMPTY

STEAM

DRY

STEAM DRY DRAIN

NOTES FOR ABOVE TABLE:

(1) When required, “drain empty” includes the pump(s), filter(s), meter(s), and hose(s) as applicable.

(2) If a product is not listed in this column, permission to load and conveyance preparations require a waiver from the DESC contracting officer.

(3) Applicable only when loading the same specification lubricating oils; otherwise, steam and dry.

(4) If previous cargo contained dye marker and product to be loaded does not contain dye, all traces of color must be removed.

(5) In order to convert transport trucks from MOGAS to DIESEL or Jet Fuel, the contractor must clean tanks as per the procedures in table above and the U.S. Government Representative must certify the conveyance is suitable to load the intended grade of product.

b. The Contractor shall present the trucks for U.S. Government inspection before the scheduled loading. Contractor shall ensure that all compartments and possible access points are sealed prior to departure from the loading terminal and remain sealed until removed by U.S. Government representative. Seal rings and attachment points must be welded or permanently installed to preclude the possibility of disengaging the seal from the sealing points without breaking the seal. Contractor shall be responsible for the quality and quantity of product after loading. U.S. Government, or representative thereof, may conduct inspections on transport trucks at origin and/or at destination. Quality checks may include, but are not limited to, verification of:

(1) Previously carried product (contractor may be requested to provide documentation regarding the product previously carried in the truck to be loaded);

(2) Cargo compartment preparation (Contractor may be requested to provide documentation regarding cleaning performed, i.e., steam cleaning);

(3) Vehicle integrity

c. Awardee(s) shall purchase serially numbered seals and effectively seal all tank trucks. The marking on the seal shall be indicated on all shipping documents. The type of seals that must be ordered is the Alulock 2.0mm or equivalent. The Alulock cable seal has a self-locking design and is available in variable lengths.

d. All internal surfaces of truck/trailer tanks and piping must be clean, dry, and free of dirt, grease, oil, or any other foreign material.

e. When a transfer of product from one truck to another is mandated due to an accident, operational, or safety requirement and this operation is not performed with oversight by a U.S. Government representative, then the contractor shall take an all-level sample from each compartment of the receipt truck. Immediately after sampling the receipt truck shall be resealed and the numbers annotated on the new manifest. The sample(s) shall be sent to a laboratory acceptable to the U.S. Government. The sample shall be identified with the receipt truck number, date sample taken, product grade, a complete listing of the seals applied to the receipt truck and the name of the sampler. In the reason for submission block of the request state “REVALIDATION OF PRODUCT QUALITY AFTER TRUCK-TO-TRUCK TRANSFER.” A composite sample of the truck shall be made in the laboratory if the truck had multiple compartments. The tests required are as follows:

Aviation – Appearance, density, flash point, distillation, copper strip corrosion, existent gum, particulate content & filtration time, water reaction, and thermal stability.

Results shall be validated against the origin load quality certificate. Product is acceptable provided it falls within the reproducibility limits from the origin certificate. Advise DESC-ME Quality Manager should any test parameter not fall within reproducibility of the origin certificate. The quality manager shall provide instructions on its acceptability.

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8. Determination of Quantity-

a. Load Quantity: Trucks will be loaded in accordance with local custom based on gross volume. This quantity will be annotated on the DD1348-7 for information purposes only. Quantity shall be volume corrected to 15 ºC in accordance with Clause F1.09

DETERMINATION OF QUANTITY.

b. Load and Discharge Quantity: Load and discharge quantity shall be determined on the basis of—

(1) Calibrated receipt meter

(2) Tank truck gauging the delivery conveyance. The certified capacity tables for the conveyance must be made available at the time of delivery (or a dipstick, calibrated for the truck, may be used.). This method may not be used in areas where environmental restrictions prohibit the opening of dome hatches. The additional use of the tank truck manhole for quantity determination purposes will be allowed if the following conditions are met:

(a) The truck must be calibrated to both the dip hole and manhole for each individual truck compartment and the corresponding documentation indicating this must be provided at the time of loading.

(b) The calibration documentation must specify the point on the manhole that the calibration took place. This must be annotated both on the calibration documentation and the specific point will be marked on the manhole.

(c) The Load DD1348-7 will be annotated with both dip hole and manhole loading information. This information will include the same information currently required for dip holes, including MM’s, Liters and the average liters per MM for each truck compartment.

(3) In the event that there is evidence of tampering, the Government will use a meter on the receiving tank system, whether or not these meters are calibrated.

c. Seals. Awardee(s) shall purchase serially numbered seals and effectively seal all tank trucks. The marking on the seal shall be indicated on all shipping documents. The type of seals that must be ordered is the Alulock 2.0mm or equivalent. The Alulock cable seal has a self-locking design and is available in variable lengths.

d. Measurement Standards and Calculations. All measurements and calculations made to determine quantity shall be in accordance with the most recent edition of the American Petroleum Institute Manual of Petroleum Measurement Standards (API MPMS) or equivalent national or international standards. When required, volume correction shall be in accordance with API MPMS, Chapter 11.1, Volume Correction Factors, Volumes II (Table 6B), Volume V (Table 24 B) or Volume VII (Table 54B). The contractor has the right to have a representative present to witness the delivery and measurement of quantity.

e. Conversion to Gallons. All invoice quantities shall be converted to U.S. gallons. To convert liters to gallons multiply the quantity in liters by 0.264172 gallons per liter (3.78541 liters per gallon). API MPMS, Chapter 11.1, Volume XII, Table 58, shall be used to convert metric tons to US gallons.

f. Calibration. All meters used in determining product volume shall be calibrated using API MPMS, Chapter 4, Proving Systems or equivalent national or international standards. The frequency of calibration shall be as 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.

g. Variations in quantity must be within the acceptable limits of 0.5% of volumes as set forth by DoD 4140.25M. The loss tolerance will be 0.5%. The Government will require reimbursement from the contractor for any loss that exceeds this amount upon invoice. If evidence of tampering is present, the Government will require reimbursement from the contractor for the total loss of product. The Government will issue claims for reimbursement for each shipment for the entire amount of lost product.

h. Contractor shall ensure transport trucks have up-to-date capacity tables and/or meter calibration certificate.

i. Losses declared after 15 days en-route: DESC will consider any shipment “lost” and the full quantity of fuel costs recouped on next invoice if a truck fails to deliver shipment within 15 days.

j. Right to Representative: For FOB – Destination deliveries, the Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

9. Risk of Loss-

a. Title and risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until the

Contractor completes download of product at the final delivery destination in Afghanistan. The Contractor bears all risk and responsibility for loss or damage to equipment and personal injury or death of its employees, agents or subcontractors. The

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Contractor is responsible for obtaining adequate insurance to cover the risks discussed herein. The Government will not reimburse the Contractor for claims stemming from loss or damage to product or equipment or personal injury or death of employees, agents or subcontractors.

b. The contractor has the responsibility to deliver to the Government at destination all product loaded into the contractor’s trucks as documented by the load 1348-7. The contractor will be strictly liable for any product losses and such losses shall not be excused by any force majeure provisions.

c. Exception: Loss tolerance of 0.5%. If the loss tolerance exceeds 0.5%, DESC is entitled to the entire amount of the lost product, regardless of the cause of the loss. The Government reserves the right to offset any losses incurred during shipment against each invoice; however, the 0.5% loss tolerance applies only to normal operating losses. In the event there is evidence of theft or tampering, DESC reserves the right to claim losses, even if they are less than 0.5%.

d. Trucks must deliver fuel within 15 days of shipment: DESC will consider any shipment “lost” and the full quantity of fuel costs recouped on the next invoice if a truck fails to deliver its shipment within 15 days.

GENERAL NOTES:

A. If offeror believes that they are at risk for detention charges the offered price(s) should be adjusted accordingly.

B. Contracts awarded under this solicitation are Fixed Price.

C. Offered prices contained in Offer Submission Sheet will remain throughout the term of the contract. No additional costs may be claimed nor will any additional price increases be authorized during the performance period.

D. Evaluation of Offer: In accordance with M2.11, the Government will award transportation contracts under this solicitation to contractors that provide the lowest price, technically acceptable offer. DESC plans to make multiple awards. Anticipate two to three contract awards.

E. Unless otherwise specified in the Schedule, all deliveries shall be made upon the day specified in the order provided that the Contractor shall have received the order at least 72 hours prior to the day so specified.

F. Exceptions: Any exceptions the offeror takes to the terms and conditions of the solicitation must be submitted with the offer. Only exceptions detailed in the offer will be treated as exceptions to the terms and conditions of the solicitation. Any exceptions taken by the offeror will be considered by the Government and either accepted or rejected. Exceptions that are accepted by the Government will be incorporated into any resultant contract; exceptions that are rejected by the Government must be withdrawn by the offeror or the offer will be rejected. If the offeror does not take any exceptions, completion of blocks 12, 17 through 24, and 30 of the SF 1449 signifies the offeror’s agreement to the terms and conditions contained in the solicitation.

G. Ordering Procedures:

1. Weekly or monthly task orders will be placed against the awarded contracts by the DESC-Middle East Region’s Ordering Officer no later than 10 business days prior to delivery. The task order will contain quantities of fuel to be lifted, date(s) trucks are required to be at the loading site, and the loading/delivery point.

2. Failure to respond to task orders: If a contractor fails to provide required trucks within 72 hours of the time specified in the task order, the Ordering Officer has the right to terminate the task order and re-issue a new order to a different contractor.

3. This is a requirements contract in accordance with the REQUIREMENTS CLAUSE. There is no guarantee that the Government will order quantities stipulated in a contract award.

H. Invoices:

1. The contractor shall fax services invoices to DESC-BEA at 703-767-9044 for certification. Each invoice will contain following information:

a. Company Information, Contract Number, Unique Invoice Number, Task Order Number(s), Contract Line Item (CLIN) for each charge, Truck Number, Date of Load, Quantity Loaded, Date Discharged, Quantity Discharged, Price per gallon fee, Total due to contractor. NOTE: Payment is based on total US Gallons delivered to destination after compensation for losses are taken into account.

b. Each invoice will at a minimum contain copies of all loaded DD1348-7s and Discharged DD1348-7s. Each invoice will be certified by an official of the contractor in the following manner:

"I certify that the services were performed, that the trucks in service are in conformance with the contract, and that the quantities and amounts are correct and proper for payment."

Signature ______________________________________________

PRINTED NAME AND TITLE

2. DESC-BEA will verify all documentation against the: received 1348-7s and daily SITREP (Situation Report); and DESC inventory and accounting systems. Once all information is verified, the Contracting Officer will certify invoices for payment in the following manner:

“I certify that the invoice is true and correct to the best of my knowledge and that the services reflected hereon have been provided.”

Signature ______________________________________________

PRINTED NAME AND TITLE

The invoice will then be forwarded for payment to:

DEFENSE FINANCE AND ACCOUNTING SERVICE - COLUMBUS CENTER

STOCK FUND DIRECTORATE

FUELS ACCOUNTING AND PAYMENTS DIVISION

ATTN: DFAS-CVDBBA/CO

P.O. BOX 182317

COLUMBUS, OH 43218-2317

FAX: (614) 693-2473

(DESC 52.246-9F20)

SECTION E

E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF SERVICES (DESC AUG 1981) If any inspection or test is made by the Government on the premises of the Contractor or subcontractor, the Contractor without additional charge shall provide all reasonable facilities and assistance for the safety and convenience of the Government inspectors in the performance of their duties.

(DESC 52.246-9FE5)

E5.03 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996)

(a) DEFINITION. Services, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable, at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

(FAR 52.246-4)

E22.01 QUALITY REPRESENTATIVE (DESC JUL 1992)

The Quality Office assigned inspection responsibility under this contract is:

DESC Middle East ATTN: Quality Manager PSC 451, Box DESC-ME

FPO AP 09834-2800

[Location: Juffair, Bahrain]

Phone: 973-17-85-4658

FAX: 973-17-85-4670

(DESC 52.246-9F35)

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004)

(a) The Government may, at it’s discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(b) The following procedures shall be used to request a deviation or waiver to the applicable nonconformance(s). A deviation is a request by a Contractor to deviate from the contract requirements after contract award, but prior to initial production of each product (for the duration of the contract). A waiver is a request by a Contractor to deviate from the contract requirements after initial production or each product (on a case-by-case basis or for a set period).

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the Quality Representative (QR). Each request shall provide the following information: Contractor name; contract number; contract line item and product, if applicable; clause number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and equitable price adjustment offered over the administrative fee. In extraordinary situations, the Contractor may initially submit the request for a waiver, not a deviation, through the cognizant QR to the Contracting Officer or the Contracting Officer's Representative (COR) in the Quality Operations Division (DESC-BQ) of the Defense Energy Support Center (DESC). Extraordinary situation requests shall be submitted formally to the Contracting Officer prior to close of business of the next normal DESC workday (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). As used in this clause, the term extraordinary situation means the matter cannot await resolution until the next normal DESC workday. In addition, if either the Contracting Officer or the COR cannot be reached, the Duty Officer shall be contacted and provided the necessary information to forward to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703)

767-8420; (DSN) 427-8420.

(2) If a deviation or waiver is granted, the contract will be modified to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation dictates, a deviation or waiver may be granted without prior agreement on price adjustment or other consideration subject to agreement by the Contractor, or its representative, to subsequent negotiation.

Such agreement shall be documented on the receiving document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(3) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $250 to cover administrative costs, plus any additional cost of Government reinspection or retest, if necessary.

(4) If a deviation or waiver is granted modifying this contract but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $500, a second contract modification shall be issued reducing the Contractor's obligation to $500 (the administrative cost of issuing the two required modifications).

(c) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES – FIXED-PRICE, INSPECTION AND ACCEPTANCE OF SUPPLIES (SHIPS’ BUNKERS), or CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause, then in no event will consideration be less than $250 to cover administrative costs. This $250 fee is in addition to—

(1) Consideration commensurate with the extent of nonconforming supplies; and

(2) Cost of Government reinspection or retest, if necessary.

The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.

(d) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency, resulting from the delivery of nonconforming supplies under a DESC contract.

(e) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, but not limited to rejecting the supplies or services whenever feasible and documenting the Contractor's performance records.

(DESC 52.246-9FQ5)

SECTION F

F1 DELIVERY CONDITIONS FOR TANK CARS, BOXCARS, TRUCKS, TRANSPORT TRUCKS, TRUCKS

AND TRAILERS, TANK WAGONS, PIPELINE, AND LIGHTERS (DESC JUN 2002)

(a) On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b. tank car, boxcar, truck, transport truck, truck and trailer, tank wagon, pipeline, or lighter--

(1) Supplies ordered hereunder shall be delivered, at Contractor's expense, into equipment specified in the Schedule.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made upon the day specified in the order provided that the Contractor shall have received the order at least 48 hours prior to the day so specified, except for deliveries--

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(i) By pipeline (other than into vessel, dredge, or barge for use as ships' bunkers) for which the Contractor shall be given 15 days' notice prior to the date so specified; and

(ii) Into vessel, dredge, or barge by any means of delivery including pipeline for use as ships' bunkers, for which deliveries the Contractor shall be given 24 hours' notice prior to the specific time delivery is to be made.

(3) All packaged or drummed material to be delivered f.o.b. boxcar, truck, or lighter shall be loaded (braced and blocked where necessary) by the Contractor as follows:

(i) RAIL SHIPMENTS IN CONTINENTAL UNITED STATES AND ALASKA.

(A) In accordance with the LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS clause.

(B) To the extent there is no conflict between the standards mentioned in paragraph (a) of the LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS clause, when a freight advantage to the Government would result, the Contractor will load boxcars to maximum capacity, including multiple tiering.

(ii) TRUCK SHIPMENTS IN THE UNITED STATES. In accordance with ICC Regulations and best commercial practices.

(iii) RAIL SHIPMENTS AND TRUCK SHIPMENTS - OVERSEAS, POSSESSIONS AND TERRITORIES. In accordance with best commercial practices and local regulations, or as indicated in the Schedule.

(iv) LIGHTER. In accordance with best commercial practices.

(4) Except for supplies delivered f.o.b. boxcar, truck, or lighter, title to the supplies delivered, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass into the receiving conveyance. Title to supplies delivered f.o.b. boxcar, truck, or lighter, and risk of loss thereof, shall pass from the Contractor to the Government at the time the car, truck, or lighter is released to, and accepted by, the carrier.

(b) On items calling for delivery f.o.b. destination by means of tank car, boxcar, truck, transport truck, truck and trailer, tank wagon, pipeline, or lighter--

(1) Supplies ordered hereunder shall be delivered, all transportation charges paid, to the destination and by means of the transportation equipment specified in the Schedule or, if no specific destination is indicated in the Schedule, to the destination specified in the order. Delivery shall be accomplished at Contractor's expense into Government storage or into the type of receiving equipment otherwise specified in the Schedule or in the order, except for--

(i) Delivery by tank car which shall be accomplished by spotting the car alongside the unloading manifold connection at the specified destination;

(ii) Delivery by boxcar which shall be accomplished at the specified destination as follows:

(A) If such activity has a railroad siding, by spotting the car alongside the unloading platform or elsewhere at such destination as may be designated by the receiving activity;

or

(B) If such activity does not have a railroad siding at the unloading platform of the railroad siding serving such activity, and if the freight tariff provides for free pickup and delivery service, delivery shall be made to the activity specified in the order;

(iii) Delivery by truck which shall be accomplished by spotting the truck at the unloading platform at the specified destination and by placing the drummed or packaged supplies at the tailgate of the truck; and

(iv) Delivery by lighter which shall be accomplished as indicated in the Schedule.

(2) Unless otherwise specified in the Schedule, all deliveries by tank car or boxcar shall be made within 24 hours from the time specified in the order, provided that such order shall have been received by the Contractor at least 120 hours prior to the time so specified; all other deliveries, except as hereinafter indicated, shall be made on the day specified in the delivery order and unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that such order shall have been received by the Contractor at least 48 hours prior to the days so specified. Pipeline deliveries (except those into vessel, dredge, or barge) shall be made on the day specified in the delivery order, provided the order shall have been received by the Contractor at least 15 days prior to the day so specified. Delivery into vessels, dredges, or barges from a marine service station or by means of transport truck, truck and trailer, tank wagon, or pipeline shall be made at the specific time specified in the order, provided that such order shall have been received by the Contractor at least 24 hours prior to the specific time such delivery is required to be made.

(3) The Contractor shall not be required to deliver by transport truck or truck and trailer a quantity less than a full load nor into more than one storage tank, with the following exceptions:

(i) An order placed under an item of this contract calling for delivery by transport truck of motor gasoline, fuel oil, diesel fuel, or kerosene, or, if this procurement is for Central America only, jet fuel, may require delivery of a quantity as low as 5,200 gallons whenever the activity is restricted either by a tank capacity or by a directive from receiving a larger quantity; and

(ii) Where the Schedule provides for multiple drop delivery, the Contractor may be required to deliver into more than one storage tank. Where truck and trailer is the method of delivery specified, the Contractor may, at its option, make delivery by transport truck. In the case of deliveries in Alaska, where truck and trailer or transport truck is the method of delivery specified, the Contractor may, at its option, make delivery by tank wagon.

(4) The Contractor shall not be required to deliver by tank wagon a quantity of less than 575 liters (or 150 gallons) but, at the Government's option, may be required to deliver into more than one storage tank.

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(5) When delivery of fuel oil or lubricating oil is made by tank car, such car shall be equipped with steam coils, if specified in the order, to facilitate the unloading of such product.

(6) When delivery is made by tank wagon, such wagon shall be equipped with pump, meter, and a minimum of 100 feet (30 meters) of hose. Where delivery is made by transport truck or truck and trailer, such delivery equipment shall be equipped with a minimum of 15 feet of hose.

(7) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility--

(i) The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to reasonably assure that delivery can be made without damage to vegetation and asphalt pavement adjacent to storage facilities being filled. The Contractor's delivery personnel who have not exercised reasonable care and delivery equipment which is poorly maintained, may be refused entrance to the installation by the installation Commander.

(ii) The Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

(8) Unless otherwise provided in the Schedule, free time for unloading trucks, transport trucks, or trucks and trailers shall be unlimited.

(9) Except for supplies delivered by tank car, boxcar, truck, or lighter, title to supplies delivered, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass into the receiving facilities. Title to supplies delivered by tank car or boxcar, and risk of loss thereof, shall pass from the Contractor to the Government at the time the car is released by the carrier for unloading. Title to supplies delivered by truck, and risk of loss thereof, shall pass from the Contractor to the Government when the drummed or packaged supplies are removed from the truck. Title to supplies delivered by lighter, and risk of loss thereof, shall pass from the Contractor to the Government at the time the receiving vessel's tackle is attached to the supplies to be unloaded.

(DESC 52.247-9FA1)

F1.09 DETERMINATION OF QUANTITY (DESC OCT 2008)

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

(1) F.O.B. ORIGIN. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(i) DELIVERIES INTO TANKER OR BARGE. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tanker or barge, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) Calibrated meter; or

(B) Shipping/shore tank measurement.

(ii) DELIVERIES INTO PIPELINE. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a pipeline, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) Calibrated meter; or

(B) Shipping tank measurements.

(iii) DELIVERIES INTO RAIL TANK CAR. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into rail tank car, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) Calibrated loading rack meter;

(B) Weight, using calibrated scales; or

(C) Certified capacity table for the rail tank car.

(iv) DELIVERIES INTO TANK TRUCK, TRUCK AND TRAILER, OR TANK WAGON. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tank truck, truck and trailer or tank wagon, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) Calibrated loading rack meter;

(B) Weight, using calibrated scales; or

(C) Certified capacity table for the conveyance or container.

(v) DELIVERIES INTO INTERMODAL CONTAINER. On items requiring delivery at the Contractor’s refinery, terminal, or bulk plant on an f.o.b. origin basis into an intermodal container, the quantity shall be determined (at the Contractor’s option) on the basis of--

(A) Calibrated loading rack meter, loading either through top or bottom tank outlets (top loading requires loading gantry or “fall arrest” system);

(B) Certified capacity table for the container; or

(C) Weight, using calibrated scales.

(2) F.O.B. DESTINATION.

(i) DELIVERIES BY TANKER OR BARGE.

(A) On items requiring delivery on an f.o.b. destination basis by tanker or barge, the invoice quantity shall be determined (at the Government’s option) on the basis of--

(1) Calibrated meters on the receiving tank system; or

(2) Receiving tank measurements.

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(B) All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(ii) DELIVERIES BY PIPELINE.

(A) On items requiring delivery by pipeline on an f.o.b. pipeline junction or f.o.b. destination basis, the invoice quantity shall be determined (at the Government’s option) on the basis of--

(1) Calibrated meters on the pipeline junction or the receiving tank system; or

(2) Receiving tank measurements.

(B) F.o.b. pipeline junction is defined as the junction between a Contractor-owned or controlled pipeline and a Government-owned or controlled pipeline.

(C) All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(iii) DELIVERIES BY RAIL TANK CAR.

(A) On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government’s option) on the basis of--

(1) Calibrated meter on the receiving tank system;

(2) Weight, using calibrated scales at the receiving location;

(3) Certified capacity table for the rail tank car; or

(4) Receiving tank measurements.

(B) All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(iv) DELIVERIES BY TANK TRUCK, TRUCK AND TRAILER, TANK WAGON, OR INTERMODAL

CONTAINER.

(A) On items requiring delivery on an f.o.b. destination basis by tank truck, truck and trailer, tank wagon, or intermodal container, the quantity shall be determined in the following order of preference:

(1) Calibrated temperature compensating meters on the receiving system (as identified in the Schedule).

(2) Calibrated temperature compensating meter on the delivery conveyance (as identified in the Schedule).

(3) Weight, using calibrated scales at the receiving location (as identified in the Schedule).

(4) Calibrated meters on the receiving system, requiring manual volume correction (as specified in the Schedule).

(5) Loading ticket mechanically imprinted with the volume corrected (net) quantity. The ticket must be generated at the time of loading and be based on a calibrated loading rack meter or calibrated scales.

(6) Calibrated meter on the delivery conveyance, requiring manual volume correction.

(7) Loading ticket, not volume corrected (requiring manual volume correction).

(B) Invoice quantities for all residual fuels and lubricating oils and invoice quantities for other products that are in excess of 5,000 gallons (or 18,900 liters) shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). Invoice quantities of nonresidual fuels and lubricating oils which are less than 5,000 gallons (or 18,900 liters) do not require correction to net gallons (or liters). For this purpose, residual fuels are any products with a viscosity equal to or greater than a regular (not light) No. 4 Fuel Oil (ASTM D 396).

(b) WATER BOTTOMS.

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

(2) The Contractor is responsible for their removal and disposal.

(c) MEASUREMENT RESTRICTIONS. All methods of measurement described in this clause are subject to government safety and environmental restrictions, foreign and domestic. Such restrictions may prohibit, or render ineffective, a particular method in some cases.

(d) 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).