AFG 09-R-0707---TRANS--Questions and Answers.pdf

Questions and Answers

SP0600-09-R-0707

1. Is the contractor liable for lost fuel?

DESC: Yes. The contractor will be strictly liable for any product losses and such losses shall not be excused by any force majeure provisions.

For your information, please review Addendum pages 9 & 10, paragraph 9 – Risk of Loss (incorporating Amendments 0001 and 0002):

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 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 1.0%. If the loss tolerance exceeds 1.0%, 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 1.0% 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 1.0%.

d. Trucks must deliver fuel within 10 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 10 days.

2. I do not understand the pricing objectives included on the opening negotiation message.

DESC: These prices are only a benchmark for the type of pricing DESC is anticipating from the market. If you submit a competitive price, please remember that there is substantial risk on the contractor (see above). Extreme losses are expected to have a high probability of occurring during this contract’s performance period. If a competitive price was submitted, please ensure that performance can continue through financial and operational stress.

Questions and Answers

SP0600-09-R-0707

3. Can I change my prices?

DESC: Yes. A contractor that submitted a proposal before the solicitation’s closing date (March 20, 2009) can submit new pricing until the Final Proposal Revision (FPR) deadline of 23 April 2009. If you choose to submit new pricing, please resubmit page O-5 of the Offer Submission Package.

4. Can DESC provide current contract prices?

DESC has paid the following prices over the past year for transportation services within Afghanistan:

Low High

0101 KT-BGM 0.0700 0.2700

0201 KT-JAL 0.0750 0.3500

0301 KT-SH 1.3700 2.5600

KT-BGM

(PAD) 0.0700 0.2700

0501 KN-BGM 0.0700 0.2700

0601 KN-JAL 0.0750 0.3500

0701 KN-SH 1.3700 2.5600