Solicitation OSP Attachment A 7 2 2012 Alicia.pdf

SP0600-12-R-0518

Port of Salalah, Oman OSP

Attachment A Page ii

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS……………………………………..……………5

B-0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)………...…. 5

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK…………….……………. 14

C-0003 C19.07 SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) (DLA ENERGY

OCT 2001)………………………………………………………………………………………………………14

SECTION E – INSPECTION AND ACCEPTANCE…………………………………………………….…………..

E-0002 E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY

NOV 2003)…………………………………………………………………………….……………………… 15

SECTION F – DELIVERIES OR PERFORMANCE……………………………………….……………………….17

F-0007 F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE) (DLA ENERGY DEC

1991)…………………………………………………………………………………………………………... 17

SECTION G – CONTRACT ADMINSTRATION DATA……………………………………………………17

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR

REGISTRATION (OCT 2003). )…………………………………………………………..…………………. 17

FAR 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN CENTRAL

CONTRACTOR REGISTRATION (MAY 1999.………………………………………………..………….. 19

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC

1999)……………………………………………………………………………………………..…… 21

G-0003 G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE

(DLA ENERGY JUL 2007)………………………………………………………………………………….. 22

G-0004 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE

TRANSFER SYSTEM (DLA ENERGY JAN 2007)……………………………………………………… 24

G-0007 G148.05 SUBMISSION OF INVOICES FOR PAYMENT (SERVICES) (DLA ENERGY MAR

2012)………………………………………………………………………………………………………... 25

SECTION J - LIST OF ATTACHMENTS…………………………………………………………………… 28

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS……………………………………………………………………………………………... 28

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)………….….28

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2007)………………………………………………………. 29

FAR 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)………..28

Attachment A Page iii

FAR 52.204-8/252.204-7007 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2011)

ALTERNATE A /(NOV 2011)………………………………………………………………………….……. 30

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)………… 34

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS………………

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS

(APR 2012)…………………………………………………………………………………….…………….. 36

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (FEB 2012)….… 48

FAR 52.212.5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (APR 2012)……………………………………………54

FAR 52.215-8 ORDER OF PRECEDENCE -- UNIFORM CONTRACT FORMAT (OCT 1997)……….56

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)……………………

DFARS 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A

TERRORIST COUNTRY (JAN 2009)……………………………………………………………………..… 59

DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG

1992)………………………………………………………………………………………………………….. 60

K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)………………………………………. 60

K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)………

K-0003 K86 FOREIGN TAXES (DLA ENERGY JUN 1987)………………………………….…….……. 61

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERS OR QUOTERS………… 61

FAR 52. 212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (FEB 2012)…..…………

SECTION M – EVALUATION FACTORS FOR AWARD……………………………………………….…..67

FAR 52.212-2 EVALUATION -- COMMERCIAL ITEMS (JAN 1999)…………………...………….……..67

M-0001 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS)(DLA ENERGY APR 1997)..70

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B-0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)

The services to be furnished during the period specified herein and the unit prices are as follows:

PERFORMANCE WORK STATEMENT FOR

DEFENSE FUEL SUPPORT POINT

Salalah, Oman

1. Description of Required Services

1.1 Area of Consideration

1.2 Storage Tank Requirements

1.3 Grade of Product

1.4 Physical System Requirements

1.5 Estimated Throughput Requirements

1.6 Property Control, Records and System Records

1.7 Inventory and Accounting (BSM-E)

1.8 Product Accountability

2. Facilities

2.1 Product Receiving Requirements

2.2 Product Shipping Requirements

2.3 Truck Fill Stand Requirements

2.4 Berthing and Mooring Facilities

2.5 Storage Tanks

2.6 Filtration

2.7 Additive Injection

2.8 Laboratory Services

3. Product Quality Surveillance

3.1 Responsibilities

3.2 Quality Control Plan

3.3 Calibration

3.4 Quality During Shipments

3.5 Quality During Receipts

3.6 General

1. Description of Required Services: Defense Fuel Support Point facilities and services to receive, store, protect and ship two grades 600,000 bbls of F76 and 470,000 bbls of JP5 of U.S. Government owned product at the Port of Salalah, Oman.

SERVICES REQUIRED: Services are required to be fully operational within the next 18-24 months after contract award.

CONTRACT PERFORMANCE PERIOD: The contract performance period shall be for a period of five (5) years to include one 5 year option.

1.1 Area of Consideration: Port of Salalah, Oman.

1.2 Storage Tank Requirements : A minimum 1,070,000 bbls (fill capacity) of storage at a single geographical location:

(1) 470,000 barrels (fill capacity) of Turbine Fuel Aviation, Grade JP5

(2) 600,000 barrels (fill capacity) of Fuel Naval distillate, Grade F76

A minimum of two tanks per product, interconnected and isolated from other facilities and products handled within the tank farm is desired.

1.3 Grade of Product: Two grades of product: JP5 and F76.

(1) Aviation Turbine Fuel Grade JP5

(2) Fuel Naval Distillate Grade F76

1.4 Physical System Requirements: Storage and handling facilities capable of receiving, storing, protecting, and shipping two grades of U.S. Government-owned petroleum products. A dedicated system is preferred, however, a common system will be considered, providing the offeror(s) submit the data required by DLA ENERGY SPECIAL

CONTRACT PROVISION L0003-L116.01, DATA REQUIREMENTS (STORAGE) (DLA ENERGY NOV

2003). In addition to the data required by DLA ENERGY SPECIAL CONTRACT PROVISION L0003-L116.01, DATA REQUIREMENTS (STORAGE) (DLA ENERGY NOV 2003), the potential Contractors will be required to provide the tank cleaning and inspection data required by DLA ENERGY SPECIAL CONTRACT PROVISION E-

0002-E18, INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY

NOV 2003) as part of their proposal. The tank cleaning and inspection data will be evaluated and utilized as an evaluation factor in determining the governments risk associated with the utilization of the facility.

1.5 Estimated Throughput Requirements: The U.S. Government will be entitled to initial fill and final shipment during the 5-year performance period with one five-year option, in addition to 1,180,000 bbls of F76 and 570,000 bbls of JP5, of total product turnover for product within a 12-month period, hereafter referred to as allowed throughput. Initial fill is defined as all receipts required filling the storage tanks to 100% of the awarded safe fill capacity. Final shipment is defined as all issues required withdrawing 100% of the awarded safe fill capacity.

1.5.1 Excess Throughput: Offeror(s) shall indicate any additional throughput charge for volumes in excess of the allowed throughput under CLIN 1002 - Excess Throughput. Excess throughput charge will be calculated by multiplying the total number of barrels received and shipped in a 12-month period above the allowed throughput quantity by the excess throughput charge offered under CLIN 1002.

1.6 Property Control, Records and System Records: The Contractor shall provide Property Control and System Records in compliance with paragraph (a) (1) of DLA ENERGY SPECIAL CONTRACT PROVISION I0004- I119.04, INVENTORY CONTROL RECORDS AND SYSTEM OF RECORDS (DLA ENERGY JUN 2009). The Contractor furnished computer system shall meet the current commercial standards for a computer system capable of accomplishing the data reporting and records keeping required. Maintaining the data collection and records keeping associated with product quality surveillance (i.e., product analysis and testing reports); and the document collection and records keeping associated with the Contractors preventive maintenance program.

1.6.1 The Contractor shall input inventory and sales data for Government own product directly into the Contractor-furnished computer system via a Contractor-furnished internet access (with static IP address capability) or creation of a dial-in account to the DLA Energy FAS web server. Additional data and requirements can be found in DLA

ENERGY SPECIAL CONTRACT PROVISION I0004- I119.04, INVENTORY CONTROL RECORDS AND

SYSTEM OF RECORDS (DLA ENERGY JUN 2009).

1.7 Inventory and Accounting (BSM-E): The Contractor shall be responsible for the inventory management of petroleum products held within the facility. The Contractor shall provide accurate inventories of all Government bulk petroleum stocks in accordance with DoDM 4140.25, all applicable DLA Energy Policies and all provisions of this contract. The Contractor shall be responsible for updating the automated accounting system to provide information to DLA Energy on current inventory levels IAW DLA ENERGY SPECIAL CONTRACT PROVISION I0004-I119.04. Any anticipated fuel shortages, based on customer requests, shall be reported to the COR immediately. All product receipts, sales, shipments, transfers, or determinable gains/losses shall be properly documented and auditable IAW with DLA Energy policies. The COR shall be informed immediately of any discrepancy in inventory. Month-end physical inventories made by the Contractor as required by the product accounting and reporting provisions found in DLA ENERGY SPECIAL CONTRACT PROVISION I0004-I119.04 of this contract.

1.8 Product Accountability: The Contractor will use DLA Energy I -11 and adhere to DLA ENERGY SPECIAL

CONTRACT PROVISION F0003-F1.14, DETERMINATION OF QUANTITY (STORAGE) (DLA ENERGY

NOV 2003) and DLA ENERGY SPECIAL CONTRACT PROVISION I0004-I119.04, INVENTORY CONTROL RECORDS AND SYSTEM OF RECORDS (DLA ENERGY JUN 2009). The most current version of DLA Energy I-11 can be found at http://www.desc.dla.mil/DCM/FILES/DESC-I11.PDF

2. Facilities

2.1 Product Receiving Requirement: The Contractor's facilities shall be capable of receiving U.S. Government-owned product via ocean going tankers/barges or U.S. Navy Vessels on a 24-hour per day, seven day per week basis at pumping rates compatible with the mode of transportation tendered (minimum 2,000 barrels per hour for barges and 8,000 barrels per hour for tankers and U.S. Navy Vessels).

2.1.1 The Contractor's facilities shall be capable of receiving U.S. Government-owned product via tank trucks 24 hours per day, 7 days per week, at pumping rates compatible with the mode of transportation tendered. The facility will be capable of offloading tank trucks simultaneously. The unloading process will include the use of an individual (Temperature Compensated Meter) per unloading point. This meter will be capable of recalibration, reset, and register in U.S. gallons (USG). There will also be receipt and issue filtration that meet API 1581. The contractor will ensure that there are sampling points on the receiving manifolds.

2.2 Product Shipping Requirement: The Contractor's facilities shall be capable of shipping U.S. Government-owned product via ocean going tankers/barges or U.S. Navy Vessels on a 24¬hour per day, seven day per week basis at pumping rates compatible with the mode of transportation tendered (minimum 2,000 barrels per hour for barges and 8,000 barrels per hour for tankers and U.S. Navy Vessels).

2.2.1 The Contractor's facilities shall be capable of shipping U.S. Government-owned product via tank trucks 24 hours per day, 7 days per week, at pumping rates compatible with the mode of transportation tendered. The facility will be capable of uploading tank trucks simultaneously. The uploading process will include the use of an individual (Temperature Compensated Meter) per uploading point. This meter will be capable of recalibration, reset, and register in U.S. gallons (USG). There will also be receipt and issue filtration that meet API 1581. The contractor will ensure that there are sampling points on the receiving manifolds.

2.3 Tank Truck Fill Stand Facility: The Contractor's truck fill stand facility shall be capable of loading and shipping tank trucks to meet the 24 hour delivery requirement of JP5, it should be capable of loading a minimum of one truck at a time. The Contractor shall be responsible for loading and shipping tank trucks on a 7 day workweek schedule; 24 hours per day, 52 weeks a year. Operational hours worked in excess of the normal operational hours agreed by DLA Energy and the contractor will be on an overtime basis (see G-0006 G148.05 DLA ENERGY SPECIAL CONTRACT PROVISION). All shipping of product should be coordinated with the DLA East Middle http://www.desc.dla.mil/DCM/FILES/DESC-I11.PDF

East Regional Office. The contractor will ensure that there are sampling points on the tanks, receiving and offloading manifolds. The Contractors tank truck fill stand facilities shall require loading capabilities IAW all applicable rules and regulations and be equipped with fire extinguishers. The tank truck fill stand facilities shall be equipped with a meter capable of accurately measuring the volume of product being loaded

2.4 Berthing and Mooring Facilities: The Contractor's berthing and mooring facilities shall be capable of handling vessels of 50,000 dead weight ton (DWT), with Length Overall (LOA) of 800 feet, and fully laden draft with a minimum draft of 41 feet at mean low water (MLW) from the Contractor's berthing and mooring facility to the open ocean. The offeror shall provide any port restriction requirements and harbor fees with their proposal, along with height restrictions from ship's manifold to the waterline during loading/unloading.

2.5 Storage Tanks: The storage tanks and facilities must meet the minimum requirements of current API and industry standards, and all laws, regulations, etc, applicable to tanks and facilities of the type to be provided. Cone roof tanks with interior floating roof pan are preferred however; floating roof tank will be acceptable. Floating roof tanks will be equipped with roof drains. The tanks shall be interconnected so as to provide the capability of transferring and filtering product between tanks.

2.6 Filtration: Contractor-furnished filtration system that meets the specifications outlined in the current API Publication 1581, Specifications and Qualification Procedures -Aviation Jet Fuel Filter Separator. The capability must exist to filter product during receiving, shipping and tank-to-tank transfers under max flow conditions. The contractor will ensure that there are sampling points before and after the filter separators.

2.7 Additive Injections: Contractor must furnish an additive injection system(s) to provide ability to inject additives to JP5 grade. The additives (Fuel System Icing Inhibitor (FSII), Corrosion Inhibitor/Lubricity Improver (CI/LI) will be injected by the contractor as required based on product specification requirements. See DLA ENERGY SPECIAL CONTRACT PROVISION F0004-F45.01, OPERATION OF CONDUCTIVITY ADDITIVE SYSTEM (DLA ENERGY OCT 1998), DLA ENERGY SPECIAL CONTRACT PROVISION F0005- F45.03, OPERATION OF FUEL SYSTEM ICING INHIBITOR ADDITIVE SYSTEM (DLA ENERGY JUL 1992) and DLA ENERGY SPECIAL CONTRACT PROVISION F0006-F45.04, OPERATIONS OF CORROSION INHIBITOR ADDITIVE SYSTEM. Contractor will be required to purchase, receive, store in covered storage, and provide all required additives in accordance with the latest revisions of the Quality Product List – 25017-16 (QPL), MIL-I-85470 (FSII), and Static Dissipater Additive (SDA) . The contractor will be required to keep an adequate amount of all three additives on hand for injection and operation capability. The contractor will ensure that there are sampling points down stream of the injectors.

2.8 Laboratory Services: The Contractor shall provide laboratory services to test U.S. Government-owned petroleum products. If the Contractor cannot provide full testing capabilities acceptable to the Government, the Contractor shall be responsible for shipping the required samples to a laboratory specified by the Government representative within the Middle East and all shipping expenses are the responsibility of the contractor. As a minimum, the Type C (identified in Appendix A) testing capability plus FSII and Conductivity shall be available within the Contractor’s facility. All samples must be taken in accordance with ASTM D, 4057.

3. Product and Quality Surveillance

3.1 Responsibilities: The Contractor will be responsible for maintaining the quality of the Government owned product stored at the fuel facilities, to include but not limited to; monitoring product deterioration and contamination in accordance with MIL-STD-3004C, Department of Defense Standard Practice, Quality Surveillance for Fuels, Lubricants Related Products latest edition and the Contractor’s developed Quality Control Plan tailored specific to each ground fuel site.

3.1.1 No petroleum products shall be received or shipped without first determining and confirming conformance with product quality requirements. No conveyance/container shall be loaded until it is inspected by a qualified contractor person and deemed suitable to carry the intended product. Products shall be shipped on a first-in, first-out basis unless otherwise approved or directed by the QAR/QM. Non-conforming product shall be reported to the QAR/QM immediately. Anytime product is received into a tank, the tank’s contents shall be suspended from issue pending quality conformance sampling and testing IAW MIL-STD-3004B latest edition. The Contractor shall ensure that certificates of quality conformance (test reports) are forwarded electronically to DLA Energy-ME QAR/QM for review and maintained on file for all on-hand fuel stocks.

3.2 Quality Control Plan: The Quality Control Plan (QCP) shall provide comprehensive and detailed step-by-step procedures covering all requirements in DLA ENERGY SPECIAL CONTRACT PROVISION E0001-E1.11, QUALITY CONTROL PLAN (DLA ENERGY MAR 2000). Following contract award, the Contractor shall have 30 days to submit the detailed plan to the QAR/QM and Contracting Officer for review and acceptance. Written procedures must be clear and concise as to: what is done, where it's done, when it's done, how it's done, and who (which contractor employee position) does it. It must describe, in proper sequence, how contract compliance will be achieved and how the contractor intends to perform the required services in order to ensure that all products meet specification requirements during the performance of the contract. The plan shall include procedures for the following operations, as they affect quality control, and an organizational chart that identifies responsible parties for these operations:

a. Receiving - See DLA ENERGY SPECIAL CONTRACT PROVISION F-0001-F1.04, GENERAL

RECEIVING AND STORING CONDITIONS (DLA ENERGY OCT 1997).

b. Blending - See DLA ENERGY SPECIAL CONTRACT PROVISION F-0003- F45.03, OPERATION OF FUEL SYSTEM ICING INHIBITOR ADDITIVE SYSTEM (DLA ENERGY

JUL 1992).

c. Sampling – See DLA ENERGY SPECIAL CONTRACT PROVISION C-0003 C19.07, SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) (DLA ENERGY OCT

2001).

d. Testing – See DLA ENERGY SPECIAL CONTRACT PROVISION C-0003 C19.07, SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) (DLA ENERGY OCT 2001) and

DLA ENERGY SPECIAL CONTRACT PROVISION E-0004 E28, CONTRACTOR INSPECTION

RESPONSIBILITIES (STORAGE) (DLA ENERGY OCT 2002).

e. Calibration

f. Storage and Handling – See DLA ENERGY SPECIAL CONTRACT PROVISION E-0004-E28

CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA ENERGY OCT 2002)

and DLA ENERGY SPECIAL CONTRACT PROVISION I-0002-I116, RESPONSIBILITY FOR

GOVERNMENT-OWNED PETROLEUM PRODUCTS (DLA ENERGY APR 2009).

g. Loading and Shipping – See DLA ENERGY SPECIAL CONTRACT PROVISION F-0002- F1.05, GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997).

h. Quantity Determination – See DLA ENERGY SPECIAL CONTRACT PROVISION F-0003-F1.14, DETERMINATION OF QUANTITY (STORAGE) (DLA ENERGY NOV 1997).

i. Records and Reports – See DLA ENERGY SPECIAL CONTRACT PROVISION I-0004-I119.04, INVENTORY CONTROL RECORDS AND SYSTEM OF RECORDS (DLA ENERGY JUN 2009).

j. Corrective Action

The QCP must describe at a minimum those functions pertinent to contract performance and compliance. The QCP must be reviewed/approved upon initial award to assure the technical and procedural requirements are adequately described. The QCP must be dynamic (i.e., modified or extended as changes in technical or procedural requirements occur). The QCP shall include an identification of key operational positions, a schematic diagram of plant facilities pertinent to inspection system indicating all inspection points, and a description covering the following operations relating to the supplies or service to be furnished under the contract. Contractor responsibility to inspect product and services shall be in accordance with clause DLA ENERGY SPECIAL CONTRACT PROVISION E-0004 E28, CONTRACTOR INSPECTION RESPONSIBILITIES.

3.2.1 The Contractor shall report immediately to DLA Energy Middle East or the QAR/QM all receipts or on-hand stocks that fail to meet product quality for receipt, storage, or shipment in accordance with the Quality Control Plan.

Suspected off-specification product will be isolated and shall not be released for shipment until authorized by the Contracting Officer or the QAR/QM.

3.3 Calibration: Calibration of testing equipment required under the provisions of this contract shall be covered in the QCP.

3.3.1 The frequency of testing may be increased by the QAR/QM as required.

3.4 Quality During Shipments: General loading conditions for tank trucks, tank cars, tankers and barges shall be in accordance with DLA ENERGY SPECIAL CONTRACT PROVISION F-0002-F1.05, GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997). Written procedures shall be in place for product movement and related quality/quantity checks from shipping tank(s) to conveyance in order to maintain product integrity. The QCP shall provide a description of procedures to use for transfer system from shipping tank to conveyance in order to maintain product integrity, including but not limited to, procedures for properly isolating loading system from shipping tank to conveyance to prevent contamination.

3.5 Quality During Receipts: General receiving conditions for tankers and barges shall be in accordance with DLA ENERGY SPECIAL CONTRACT PROVISION F-0001 F1.04, GENERAL RECEIVING AND STORING

CONDITIONS (DLA ENERGY OCT 1997).

(a) The Contractor shall transfer and store each grade of product in a manner that preserves the quality of the product and will prevent contamination. The responsibility for preventing contamination rest with the Contractor.

(b) When requested, the Contractor will transfer product between tanks to consolidate like types or grades.

(c) Whenever a product is to be removed from a tank to accomplish cleaning or repair of the tank, or to change product, or to affect the release of the tank to the Contractor, the Contractor shall strip such tank to preclude loss of recoverable fuel.

(d) Before commencing with a receipt of fuel, the contractor shall assure that the shore-side is ready for discharge to ensure the quality of the product in the receipt tank(s) after receiving the product.

(e) The terminal shall be aware of the time of the vessel’s arrival.

(f) State procedures for assuring condition of loading line (i.e., full of tested product, all air bled and pressure packed, etc.) and gauging shore tanks, both before and after discharge. Determine net quantities before discharge.

3.5.1 Additional testing shall be performed if required to assure split cargoes have not been commingled. Establish procedures for the transportation of samples from vessel to the testing facility. Establish procedures for monitoring the discharging from vessel to shore tank, investigating irregularities immediately, and stopping discharging if necessary. Establish procedures for investigating discrepancies in quality (mandated if off-specification or out of testing tolerance) and quantity.

3.5.2 The Contractor shall provide the Quality Assurance Representative (QAR) with information pertaining to the amount of fuel deemed unrecoverable, the reason why the fuel cannot be recovered, and an analysis of the unrecovered fuel quality. All unrecoverable tank bottoms/line fill quantities will be reported to the Property Administrator for disposition instructions. Contaminated/off-specification product will be reported to the QAR in order to obtain disposition instructions. Tanks out of service for repair shall be removed from revenue until such time as they are returned to Government Service. Tanks out of service for cleaning shall be governed by E-0002

E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY NOV

2003).

3.5.3 Establish procedures for immediately notifying the QAR/QM when irregularities occur or are suspected and on all occasions when loading is interrupted. Establish procedures for completing and distributing required documentation prior to release of the vessel. Documentation includes DD Form 250-1 and DD Form 250-1 continuation sheet, ullage reports, and results of quality/quantity investigations.

3.6 General: In the absence of any contract provision or referenced method, specification, or other instruction, the Contractor shall perform all services in accordance with the best commercial practices.

LINE ITEM 1001 (MUCC) The prices for the services and facilities to be provided during the performance of the five-year period with one five-year option (May1, 2014 – Aug 31, 2019) as described in the Performance Work Statement includes the following:

TANK NUMBER SHELL CAPACITY

(BARRELS)

FILL CAPACITY

(BARRELS)

USE CHARGE PER

TANK PER MONTH

(includes initial fill, final shipment and allowed throughput )

PRICE

ANNUAL

PRICE $/BBL/YR

TOTAL CONTRACT PRICE:

For clarification of THROUGHPUT:

The Government expects to receive the first 1,180,000 barrels of F76 and 570,000 barrels of JP5 of product into storage after initial fill, per year or prorated for part thereof for any part year that the use of the storage is limited to a period of less than one year at NO ADDITIONAL CHARGE (Include TANKAGE charge).

The Government expects to ship the first 1,180,000 barrels of F76 and 570,000 barrels of JP5 of product out of storage after initial fill, per year or prorated for part thereof for any part year that the use of the storage is limited to a period of less than one year at NO ADDITIONAL CHARGE (Include TANKAGE charge).

CONTRACT LINE ITEM 1002 - EXCESS THROUGHPUT (EXTP): Excess Throughput: Excess throughput is defined as any volume greater than 1,180,000 barrels of F76 and 570,000 of JP5 throughput within a 12-month period. (See DLA Energy Special Contract Provision B-0001 B34.01, paragraph 1.5.1). The Contractor will be reimbursed $_____ per barrel. Throughput is defined as receipts plus issues divided by two.

CONTRACT LINE ITEM 1003 – PURCHASE OF CONDUCTIVITY ADDITIVE (PFCA): The Government will normally purchase and provide the Conductivity Additive. In those cases where the Contractor is required to purchase additive, the Government will reimburse the Contractor for direct costs incurred in acquiring such additive.

(See DLA Energy Special Contract Provision F-0004 F45.01). The contractor will be reimbursed by the Government at actual costs for the purchase of the conductivity additive (if required) upon presentation of supporting documentation and an invoice certified by the QAR/COR.

CONTRACT LINE ITEM 1004 – PURCHASE OF ANTI-ICING ADDITIVE (PFSI): The Government will normally purchase and provide FSII. In those cases where the Contractor is required to purchase the additive, the Government will reimburse the Contractor for direct out-of-pocket costs incurred in acquiring such additive (See DLA Energy Special Contract Provision F-0005 F45.03). The Contractor will be reimbursed at actual costs per barrel for injecting FSII additive (if required) upon presentation of supporting documentation and an invoice certified by the QAR/COR.

CONTRACT LINE ITEM 1005 – PURCHASE OF ANTI-CORROSION ADDITIVE (PACA): The Government will normally purchase and provide corrosion inhibitor additive. In those cases where the Contractor is required to purchase the additive, the Government will reimburse the Contractor for direct out-of-pocket costs incurred in acquiring such additive (See DLA Energy F-0006 F45.04). The Contractor will be reimbursed at actual costs per barrel for the purchase of anti-corrosion additive (if required) upon presentation of supporting documentation and an invoice certified by the QAR/COR.

CONTRACT LINE ITEM 1006 – INJECTION OF CONDUCTIVITY ADDITIVE (1FCA): The Contractor will be reimbursed $______ per gallon for injection of conductivity additive. (See DLA Energy Special Contract Provision F-0004 F45.01)

CONTRACT LINE ITEM 1007 – INJECTION OF ANTI-CORROSION ADDITIVE (IACA): (The Contractor will be reimbursed $_____per barrel for injecting corrosion inhibitor additive. (See DLA Energy Special Contract F- 0004 F45.04)

CONTRACT LINE ITEM 1008 – PURCHASE OF FILTERS: The Government shall reimburse the Contractor for the cost of replacements and disposal of used filters. The Contractor shall be responsible for furnishing and providing at the Contractor’s expense all maintenance requirements of the filtration system. The Contractor will submit invoices to the QAR for certification, for replacement and disposal. (See DLA Energy Special Contract B- 0001 B34.01, paragraph 2.5).

CONTRACT LINE ITEM 2001 (MUCC): The prices for the services and facilities to be provided during the performance of the five-year period with one five-year option (May1, 2019 – Aug 31, 2024) as described in the Performance Work Statement includes the following:

NOTE: IAW FAR 52.217-8 Option to Extend Services (Nov 1999), the contractor is accepting that prices for the six one (1) month extension (if required) will remain the same as the offered prices under clause B-0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) unless otherwise stipulated.

TANK NUMBER SHELL CAPACITY

(BARRELS)

FILL CAPACITY

(BARRELS)

USE CHARGE PER

TANK PER MONTH

(includes initial fill, final shipment and allowed throughput )

PRICE

ANNUAL

PRICE $/BBL/YR

TOTAL CONTRACT PRICE:

For clarification of THROUGHPUT:

The Government expects to receive the first 1,180,000 barrels of F76 and 570,000 barrels of JP5 of product into storage after initial fill, per year or prorated for part thereof for any part year that the use of the storage is limited to a period of less than one year at NO ADDITIONAL CHARGE (Include TANKAGE charge).

The Government expects to ship the first 1,180,000 barrels of F76 and 570,000 barrels of JP5 of product out of storage after initial fill, per year or prorated for part thereof for any part year that the use of the storage is limited to a period of less than one year at NO ADDITIONAL CHARGE (Include TANKAGE charge).

CONTRACT LINE ITEM 2002 - EXCESS THROUGHPUT (EXTP): Excess Throughput: Excess throughput is defined as any volume greater than 1,180,000 barrels of F76 and 570,000 of JP5 throughput within a 12-month period. (See DLA Energy Special Contract Provision B-0001 B34.01, paragraph 1.5.1). The Contractor will be reimbursed $_____ per barrel. Throughput is defined as receipts plus issues divided by two.

CONTRACT LINE ITEM 2003 – PURCHASE OF CONDUCTIVITY ADDITIVE (PFCA): The Government will normally purchase and provide the Conductivity Additive. In those cases where the Contractor is required to purchase additive, the Government will reimburse the Contractor for direct costs incurred in acquiring such additive.

(See DLA Energy Special Contract Provision F-0004 F45.01). The Contractor will be reimbursed by the Government at actual costs for the purchase of the conductivity additive (if required) upon presentation of supporting documentation and an invoice certified by the QAR/COR.

CONTRACT LINE ITEM 2004 – PURCHASE OF ANTI-ICING ADDITIVE (PFSI): The Government will normally purchase and provide FSII. In those cases where the Contractor is required to purchase the additive, the

Government will reimburse the Contractor for direct out-of-pocket costs incurred in acquiring such additive (See DLA Energy Special Contract Provision F-0005 F45.03). The Contractor will be reimbursed at actual costs per barrel for injecting FSII additive (if required) upon presentation of supporting documentation and an invoice certified by the QAR/COR.

CONTRACT LINE ITEM 2005 – PURCHASE OF ANTI-CORROSION ADDITIVE (PACA): The Government will normally purchase and provide corrosion inhibitor additive. In those cases where the Contractor is required to purchase the additive, the Government will reimburse the Contractor for direct out-of-pocket costs incurred in acquiring such additive (See DLA Energy Special Contract Provision F-0006 F45.04). The Contractor will be reimbursed at actual costs per barrel for the purchase of anti-corrosion additive (if required) upon presentation of supporting documentation and invoice certified by the QAR/COR.

CONTRACT LINE ITEM 2006 – INJECTION OF CONDUCTIVITY ADDITIVE (1FCA): The Contractor will be reimbursed $______ per gallon for injection of conductivity additive. (See DLA Energy Special Contract Provision F-0004 F45.01)

CONTRACT LINE ITEM 2007 – INJECTION OF ANTI-CORROSION ADDITIVE (IACA): (The Contractor will be reimbursed $_____per barrel for injecting corrosion inhibitor additive. (See DLA Energy Special Contract Provision F-0004 F45.04)

CONTRACT LINE ITEM 2008 – PURCHASE OF FILTERS: The Government shall reimburse the Contractor for the cost of replacements and disposal of used filters. The Contractor shall be responsible for furnishing and providing at the Contractor’s expense all maintenance requirements of the filtration system. The Contractor will submit invoices to the QAR for certification, for replacement and disposal. (See DLA Energy Special Contract Provision B-0001 B34.01, paragraph 2.5).

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-0003 C19.07 SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE)

(DLA ENERGY OCT 2001)

(a) SAMPLING. The samples identified in the solicitation attachment entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. The Contractor must provide these samples using qualified personnel, facilities, and equipment on-site and shall include all associated costs in the monthly service charge. These on-site resources may be provided by Contractor personnel or by commercial source acting on behalf of the Contractor. The Quality Representative will not be responsible for taking any samples for the Contractor. All samples must be taken in accordance with ASTM D 4057, Standard Practice for Manual Sampling of Petroleum and Petroleum Products (API Manual of Petroleum Measurement Standards (MPMS), Chapter 8.1).

(b) TESTING. The tests identified in this solicitation attachment entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. Those tests identified in the attachment which are part of a higher order analysis (defined as follows: Composite Samples, Storage Tanks After Receipt, Interface Mixture, Dormant Stocks, and Individual Tests, including particulate contamination) shall be provided by the Contractor using one of the following options (the Contractor shall check the appropriate box below):

[ ] The Contractor will perform the tests using its own qualified personnel, facilities, and equipment. (All costs for this service are to be included in the monthly service charge.)

[ ] The Contractor will not perform the tests using its own personnel, but will provide on a seven days per week, 24 hours a day basis, it’s own facilities and equipment for testing of product by Government personnel. (All costs for this service are to be included in the monthly service charge.)

[ ] The Contractor will not provide its own personnel, facilities, or equipment. Instead, the Contractor will, within 24 hours after sampling, transport any sample(s) to a commercial laboratory approved by the Government and arrange for that commercial laboratory to perform all the required tests.

The Government, at its own option, may direct that samples be tested at a Government laboratory under contract to the Government. In this case, transport of such samples is still the responsibility of the Contractor. (The Government will reimburse the Contractor for the actual costs of the tests performed by their commercial laboratory. All other associated costs must be included in the monthly service charge.)

All other tests found in the above referenced attachment, which are not part of a higher order analysis, shall be provided in accordance with the CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) clause.

(c) All facilities and equipment to be provided, whether that of a Contractor or a commercial laboratory, must conform to the standards for such facilities and equipment established by the Occupational Safety and Health Act and the National Fire Protection Association or local regulations, whichever is more stringent.

SECTION E – INSPECTION AND ACCEPTANCE

E-0002 E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE

TANKS (DLA ENERGY NOV 2003)

(a) The Contractor shall maintain and make available upon request the following historical data relative to each storage tank provided:

(1) Date and type of construction;

(2) Name of installing contractor;

(3) Product service (past and present) and dates;

(4) Date of last cleaning/physical entry inspection and contractor's name;

(5) Structural condition based on cycle inspection at the time of cleaning or repair;

(6) Record or tank repairs;

(7) Tank dimensions and capacity;

(8) Inspection and tank cleaning frequency (date of next mandatory inspection, when tank out of service, required);

(9) Tank coating history;

(10) Tank strapping charts;

(11) As built drawings (if available); and

(12) Records of product tests and trends.

(b) At the Contractor's expense, the Contractor shall empty, inspect, and clean each bulk petroleum storage tank and dispose of all tank bottom waste for each tank furnished under this contract at the following intervals.

When tank cleaning does take place, the Contractor, at his own expense, shall be responsible for providing alternate tankage and transferring the remaining product to that tankage. Such tankage shall be suitable for storing the transferred product and shall be of equal or greater capacity than the tankage being cleaned. Any proposed reduction in the storage capacity cited in the contract must be approved by the Contracting Officer in advance.

(1) AVIATION FUEL STORAGE TANKS.

(i) Every 4 years for uncoated storage tanks without an inlet-filter separator;

(ii) Every 6 years for either a coated tank without an inlet filter separator, or for an uncoated tank with an inlet-filter separator; and

(iii) Every 8 years for coated tanks with an inlet-filter separator.

(iv) For storage tanks with direct receipt of fuel from barge or tanker, the frequency for physical entry inspection and cleaning will be 3, 5, and 8 years for (i), (ii), and (iii) above, respectively.

(v) Tanks will be emptied, cleaned, and inspected more frequently than the periods stated in (i) through (iv) above when sample analysis indicates a buildup of sediment in the tanks.

(2) GROUND AND MARINE FUEL STORAGE TANKS. Tanks will be emptied, cleaned, and inspected when sample analysis indicates a buildup of sediment in the storage tanks.

(c) The time for cleaning will be measured from the date of the last cleaning regardless of whether the tank was under contract with DLA Energy at the time of the last cleaning.

(d) Samples will be taken and tested at Government expense. If tank cleaning is required earlier than the criteria listed in (b)(1) above and the Government is shown to be at fault, then the Government will be responsible for cleaning, sampling, and testing costs. In all other cases, tanks requiring cleaning will be removed from revenue and cleaned at the Contractor's expense.

(e) At the time of offer submission, the offeror shall provide the Contracting Officer with a listing of all tank inspections and cleanings, and other activities that would take a tank out of service, which are anticipated to occur during the contract period (see chart below). This listing shall include the tank number, location, reason for being out of service, dates the tank will be out of service and provisions that have been made to replace the tankage while it is out of service. Updates to the listing shall be sent to the Contracting Officer as soon as a change is known.

Tank Number Location Reason Dates Replacement Tankage

SECTION F – DELIVERIES OR PERFORMANCE

F-0007 F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE)

(DLA ENERGY DEC 1991)

During the contract period, May 1, 2014 through August 31, 2019, the Contractor shall provide petroleum storage facilities and services at the following location:

(Street address)

(City/State/Zip)

* Period of performance begins 18-24- months after award.

SECTION G – CONTRACT ADMINSTRATION DATA

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL

CONTRACTOR REGISTRATION (OCT. 2003)

(a) Method of payment.

(1) All payments by the Government under this contract, shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either--

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. If the Contractor's EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for--

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and--

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the CCR database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing.

However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database.

FAR 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN

CENTRAL CONTRACTOR REGISTRATION (MAY 1999)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either--

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph (d) of this clause).

(b) Mandatory submission of Contractor's EFT information.

(1) The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: ``designated office'') by ____________________ [the Contracting Officer shall insert date, days after award, days before first request, the date specified for receipt of offers if the provision at 52.232-38 is utilized, or ``concurrent with first request'' as prescribed by the head of the agency; if not prescribed, insert ``no later than 15 days prior to submission of the first request for payment'']. If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s).

(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. (1) The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract.