11-R-0524 PANAMA FBO.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2011)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

SP0600-12-0209 110

SP0600-11-R-0524

Shane A. Banks (703) 767-8298

SP0600

See Schedule See Block 9

DEFENSE FINANCE & ACCOUNTING SERVICE

ATTN: DFAS-CO-BVD/FB/CC

P.O. BOX 182317

COLUMBUS, OHIO 43218-6254

See INT-B34.01 - Services To Be Furnished and Prices (Pages 4-12)

97X4930.5CF0 01 25.2 S33150

Alicia C. Williams

493190

$25,500,000.00

07/27/2011

09/12/2011

09:00 AM EST

DLA Energy-BYB 8725 John J. Kingman Rd. Suite 2945 FT. Belvoir, VA 22060-6222 Buyer - Shane A. Banks/DLA Energy-BYB Email: Shane.Banks@dla.mil

HQ0104

Contractor-Owned, Contractor-Operated (COCO) Pacific Ocean Side of the Panama Canal COCO Storage

Solicitation SP0600-11-R-0524

INSTRUCTIONS:

1. An original plus one copy of the Offeror Submission Package, the technical requirements of DLA ENERGY Internal Instruction INT- L116.01 Data Requirements (Storage) and Past Performance (CPDS) information must be returned to DLA ENERGY as your offer. All documents to be completed and returned are contained in this package. See FAR 52.212-2, DLA ENERGY Internal Instruction INT-E18, DLA ENERGY Internal Instruction INT- L116.01 and DLA ENERGY Internal Instruction INT-L201.02, for submission requirements.

2. Be sure to check your offer prices in Section B for accuracy and legibility prior to submission. Initial any changes. Sign and Date the Standard Form 1449 (SF1449) in ink.

3. By submission of this package, you are stating that ALL terms and conditions of the entire solicitation are accepted and apply to your offer unless clearly stated in the cover letter of your proposal.

4. Please provide your CAGE Code and DUNS number in Block 17A of the SF1449.

5. Your offer must be received no later than 9:00 A.M. Local Fort Belvoir, VA time, Eastern Standard Time, on September 12, 2011. E-Mail proposals are authorized (See DLA ENERGY Internal Instruction INT- L2.11-4). Note: All e-mail proposals must be sent to following address: bidcustodian@dla.mil. If submitted via e-mail signed copies of Submission Package must be received by DLA ENERGY within ten (10) days after the solicitation closing date. Do not return the entire solicitation package, simply complete and return an original and one copy of the Offeror Submission Package, technical data required and Past Performance CPDS submissions as described in DLA ENERGY Internal Instruction INT-L116.01 and INT- L201.02.

Your prices must be inserted in DLA ENERGY Internal Instruction INT- B34.01 in this Offeror Submission Package.

6. Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the offeror’s lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentations are neither necessary nor wanted.

7. IMPORTANT NOTICE: All contractors must be registered in the Central Contractor Registration (CCR) database. Lack of registration in the CCR will make an offeror ineligible for award. Commercial and Government Entity Code (CAGE Code): (a) The offeror is requested to enter its CAGE on its offer in the block with its name and address. The CAGE code must be for that name and address. (b) If the offeror does not have a CAGE code, it may go on line to the CCR www.ccr.gov (c) Do not delay submission of the offer pending receipt of a CAGE code (See DFARS 252-204-7001).

8. Notice: Any contract awarded to a Contractor who, at the time of award was suspended, debarred, and ineligible for receipt of contract with Government Agencies or in receipt of a notice of proposed debarment from any Government Agency, is voidable at the option of the Government.

9. The Government intends to evaluate proposals and award a contract after written or oral discussion with all responsible offerors that submit proposals within the competitive range (see FAR 52.215-1 Instructions to Offerors – Competitive Acquisition). The source selection decision will be based on a combination of Technical, Past Performance and Price.

10. Care should be taken to mail correspondence relating to this solicitation or resulting contract to the appropriate office as indicated in the applicable clauses.

11. Offerors must include the DUNS number in the block with name and address on the cover page of offer.

12. DLA ENERGY-BY IS THE DESIGNATED OFFICE FOR RECEIPT OF OFFERS. OFFERORS

shall clearly mark all envelopes/packages sent in response to this solicitation with the words: "OFFERED

UNDER SOLICITATION SP0600-11-R-0524".

13. Any questions relating to this solicitation must be emailed to Shane Banks, Contract Specialist, at Shane.banks@dla.mil, AND Alicia Williams, Contracting Officer, at Alicia.williams@dla.mil no later than August 20, 2011. Please reference the solicitation number in the subject of the email.

The following is the address used for the offers in original and one (1) copy of the Offeror Submission Package and Past Performance for US Post Office and US Post Office Express Mail offers only:

ATTN: DLA ENERGY-BYB Bid Custodian Rm. 2945

DLA ENERGY

8725 John J. Kingman Road Suite 2950 Fort Belvoir, VA 22060-6222

Point Of Contact is Ms. Debbie Lloyd at (703)-767-9350 for verification of receipt.

(Do not contact the procurement official issuing the solicitation for verification of receipt.)

By

September 12, 2011 at 9:00 AM Local Time, Fort Belvoir, VA time, Eastern Standard Time.

The following is the address used for offers in original and one (1) copy of the Offeror Submission Package and Past Performance for Hand carried Offers/Currier Delivery Service:

ATTN: DLA ENERGY-BYB Bid Custodian Rm. 2945 Ms. Debbie Lloyd/Telephone 703-767-9350

DLA ENERGY

8725 JOHN J. KINGMAN ROAD, Suite 2945

FORT BELVOIR, VA 22060-6222

i

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

INT-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) ...................... 4-12

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

INT-C19.01 SECURITY AND FIRE PROTECTION (DLA ENERGY AUG 1988)

INT-C19.04 REMOVAL OF WATER BOTTOMS (DLA ENERGY FEB 1998)

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

OCT 2001) ............................................................................................................................... 13-14

SECTION E – INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE (AUG. 1996)

INT-E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF SERVICES

(DLA ENERGY AUG 1981)

INT-E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000)

INT-E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA

ENERGY NOV 2003) ............................................................................................................. 15-16

INT-E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JAN

2009) ........................................................................................................................................ 17-19

INT-E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA ENERGY OCT

2002) ........................................................................................................................................ 19-20

INT-E34 TEST FOR SULFIDES IN WATER (DLA ENERGY MAY 1987)

INT-E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY FEB 2011) ............... 21-22

INT-E36 INSPECTION (STORAGE) (DLA ENERGY FEB 1970)

SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG. 1989)

INT-F1.04 GENERAL RECEIVING AND STORING CONDITIONS (DLA ENERGY OCT 1997) .... 23-25 INT-F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997) ................................... 26-28 INT-F1.14 DETERMINATION OF QUANTITY (STORAGE) (DLA ENERGY NOV 1997) ............... 28-29

INT-F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE) (DLA ENERGY

DEC 1991)

ii

SECTION G – CONTRACT ADMINISTRATION DATA

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

REGISTRATION (OCT. 2003) ............................................................................................... 30-31

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

CONTRACTOR REGISTRATION. (MAY 1999) ................................................................. 31-33

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER

(MAY 1999)

INT-G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

INT-G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999) ..

................................................................................................................................................. 33-34

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

(DLA ENERGY JUL 2007) .................................................................................................... 34-36

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

TRANSFER SYSTEM (DLA ENERGY JAN 2007) .............................................................. 36-37

INT-G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA ENERGY MAY 2009)

INT-G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA ENERGY JUL 1997)

INT-G148.05 SUBMISSION OF INVOICES FOR PAYMENT (SERVICES) (DLA ENERGY MAR 2009)

……………………………………………………………………………………………………...38-39

INT-G150.03 ELECTRONIC SUBMISSION OF INVOICES FOR PAYMENT (EDI) (DLA ENERGY OCT

(1998)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

INT-H11 GUARD SERVICE (DLA ENERGY MAR 1982)

INT-H19.01 REPORTING AND CONTAINING OIL SPILLS (OVERSEAS STORAGE) (DLA ENERGY

JAN 1982)

SECTION I – CONTRACT CLAUSES

52.202-1 DEFINITIONS (JULY 2004)

52.203-3 GRATUITIES (APR 1984)

52.203-7 ANTI-KICKBACK PROCEDURES. (OCT 2010) ................................................................. 41-42 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (APR 2010) .............. 43-45 52.204-7/252.204-7004 CENTRAL CONTRACTOR REGISTRATION (APR 2008) ALTERNATE A (SEP

2007) ................................................................................................................................ 45-46

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

……………………………………………………………………………………………………47

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS. (JUL 2010) ........................................................................................................... 47-49

52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC

2010) ........................................................................................................................................ 49-50

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JUN 2010) .......... 50-53

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS. (MAY 2011) ....................................... 54-57 52.215-2 AUDIT AND RECORDS – NEGOTIATION. (OCT 2010) ................................................... 57-58

52.215-8 ORDER OF PRECEDENCE -- UNIFORM CONTRACT FORMAT (OCT 1997)

iii

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

52.222-50 COMBATING TRAFFICKING IN PERSONS. (FEB 2009) ................................................. 59-60

52.223-18 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING. (SEP 2010)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.229-6 TAXES -- FOREIGN FIXED-PRICE CONTRACTS. (JUNE 2003) ..................................... 61-62

52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (FEB 2002)

52.232-17 INTEREST (OCT 2010)

52.233-1 DISPUTES (JULY 2002) ALTERNATE 1 (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG. 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

52.242-13 BANKRUPTCY. (JUL 1995)

52.243-1 CHANGES -- FIXED-PRICE (AUG 1987) ALTERNATE I (APR 1984)

52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

52.246-25 LIMITATION OF LIABILITY -- SERVICES (FEB 1997)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY

2004) ........................................................................................................................................ 67-69

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (JAN

2009)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

252.212.7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (JUN

2005)……………………………………………………………………………………………………………..70

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL

ITEMS (JUN 2011) ................................................................................................................. 71-72

252.225-7043 ANTITERRORISM/FORCE PROTECTION FOR DEFENSE CONTRACTORS OUTSIDE THE

UNITED STATES (MAR 2006)

252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

INT-I1.01-4 DEFINITIONS (CONT’D) (STORAGE) (DLA ENERGY JUNE 2009) ........................... 73-74

INT-I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DLA

ENERGY APR 2009)

INT-I116.01 LIABILITY FOR FUEL SPILLS (DLA ENERGY OCT 1998)

INT-I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DLA ENERGY JUN

2009) ........................................................................................................................................ 76-80

INT-I147 DEMURRAGE (DLA ENERGY NOV 1989)

INT-I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY MAY 1987)

INT-I209.03 EXTENSION PROVISION (STORAGE) (DLA ENERGY SEP 1991)

INT-I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) IMPLEMENTATION (SEPT

2009)

INT-I385 NOTIFICATION OF CONTRACTING OFFICER IN THE EVENT OF DISCOVERY OF

EVIDENCE OF FRAUD UNDER THE CONTRACT (DLA ENERGY JUL 2008)

SECTION J – LIST OF ATTACHMENTS

iv

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

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

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2007) .......................................................... 83-84

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

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

ALTERNATE A /(MAY 2010) ............................................................................................... 84-86 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) .................. 87-88 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (JAN 2011) ................... 88-89

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS

(MAY 2011) ............................................................................................................................ 89-97

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

TERRORIST COUNTRY (JAN 2009)

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

INT-K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)

INT-K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

INT-K86 FOREIGN TAXES (DLA ENERGY JUN 1987)

INT-K150 WIDE AREA WORKFLOW (DLA ENERGY OCT 2008)

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDERS

52.215-1 INSTRUCTIONS TO OFFERORS -- COMPETITIVE ACQUISITION (JAN 2004)

ALTERNATE 1 (OCT 1997) .............................................................................................. 101-103

52.216-1 TYPE OF CONTRACT (APR 1984)

52.233-2 SERVICE OF PROTEST (SEP 2006)

252.204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (AUG 1999) ..

52.233-9000 AGENCY PROTESTS (SEP 1999) - DLAD

52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2001) -

DLAD

INT-L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)

INT-L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) ......................................................... 105-106

INT- L116.01 DATA REQUIREMENTS (STORAGE) (DLA ENERGY NOV 2003)

INT-L201.02 INSTRUCTIONS TO OFFERORS (COCO) (DLA ENERGY MAY 1997) ...................... 106-107

SECTION M – EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION -- COMMERCIAL ITEMS (JAN 1999) ................................................... 107-110

INT-M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) . 110

INT-M43.02 ADDITIONAL EVALUATION (DLA ENERGY FEB 1985)………………………………...110

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

INT-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 SERVICES PACIFIC OCEAN

SIDE OF THE PANAMA CANAL

1 DESCRIPTION and PURPOSE of REQUIREMENT SERVICES

1.1 Terminal Statement

1.1.1 Area of Consideration

1.2 Storage Tank Requirement

1.3 Grade of Service

1.4 Physical System Requirements

1.4.1 Berthing and Mooring Facilities

1.4.2 Pipeline

1.5 Estimated Throughput Requirements

1.6 Property Control, Records and System Records

1.6.1 Product Inventory

2 GENERAL INFORMATION

2.1 Product Receiving Requirements

2.1.1 Notification

2.1.2 Custody and Risk of Loss

2.2 Product Shipping Requirements

2.2.1 Billing

2.3 Storage and Handling

2.3.1 Transfers

2.4.1 Reimbursement

2.5 Ancillary Facilities

2.5.1 Tanks

2.5.2 Filtration

2.5.3 Laboratory

3 PRODUCT and QUALITY SURVEILLANCE

3.1 Quality Control Plan

3.2 Samples and Testing

3.3 Product Quality Surveillance

3.4 Off Specification

4 APPLICABLE DIRECTIVES

1 Description and Purpose of Required Service:

1.1 Terminal Statement: The purpose of this requirement is to locate and obtain the necessary facilities and services to receive, store, maintain quality and issue bulk U. S. Government-owned petroleum product, Turbine Fuel Aviation Grade JP-5 to the U.S. Navy, US Coast Guard and other DoD sponsored customers via pier side dedicated pipeline, vessel and tank trucks, for the period beginning 01 November 2012. The performance period is for a five year period.

1.1.1 Area of Consideration: Pacific Ocean (western entrance) side of the Panama Canal.

1.2 Storage Tank Requirements: Approximately 27,000 barrels usable storage is required. All storage must be available at a single port. A minimum of two tanks interconnected and isolated from other facilities and products handled within the tank farm. Dedicated, as defined in MIL-STD 3004B - MILITARY STANDARD.

1.2.1 Tank Type: Offeror must identify type of construction (i.e. floating roof, Cone, etc.) for all tanks included in the offer.

1.3 Grade of Service: Turbine Fuel Aviation Grade JP-5.

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

Note: the Offeror is required to provide all the facility data as part of their Technical Proposal to include the tank cleaning and inspection data required by DLA Energy INT-L116.01 and INT-E18. The tank cleaning and inspection data will be evaluated and utilized as an evaluation factor in determining the Government’s risk associated with the utilization of their facility.

1.4.1 Berthing and Mooring Facilities: The Contractor’s berthing and mooring facility shall be capable of handling a minimum 46,000 dead weight ton (DWT) vessels with an overall length of 800 feet, with a minimum draft of 39 foot draft at mean low water 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 ships manifold to the waterline during loading.

Note: The Contractor is required to provide, with his proposal as part of their Technical Proposal a detailed schematic of their berthing and mooring facilities showing the minimum and maximum capabilities to include current dredging charts for evaluation in accordance with (IAW) INT-L116.01 - DATA REQUIREMENTS (STORAGE) (DLA ENERGY NOV 2003), by the Government, and be prepared to permit the Government to occasionally utilize the maximum berthing and mooring facility capability. Berthing data will be evaluated and utilized as an evaluation factor in determining the Government’s risk associated with the utilization of their facility.

1.4.2 Pipeline: The Contractor is required to provide pier dedicated pipeline system to the U. S. Navy, Coast Guard and other DoD sponsored customers 24 hours per day, 7 days per week.

Note: At time of offer contractor must provide proof of right-of-way access and schematic from their facility to the point of connection with the pipeline.

1.5 Estimated Throughput: The U. S. Government will be entitled to initial fill and final shipment free of charge during the contract performance period and in addition to 42,000 barrels in a calendar year, hereafter referred to as allowed throughput. Offers shall indicate any additional through-put charge for volumes in excess of the allowed throughput under Sub Line Item 1001AA. Initial fill is defined as all receipts required to fill 100% of the awarded fill capacity. Final Shipment is defined as all remaining DoD product at contract termination. The excess throughput charge will be calculated by multiplying the number of barrels shipped and/or received over the above throughput by contract Sub Line Item 1001AA.

1.6 Property Control, Records and System Records: The Contractor shall provide Property Control and System Records in compliance with INT-I119.04 - INTENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DLA ENERGY (JUN 2009). A Contractor-furnished computer system shall meet the current commercial standards for a computer system capable of accomplishing the data reporting and records keeping required by the Fuels Automated System (FAS) as shown in 1.6.1; maintaining the data collection and records keeping associated with product quality surveillance (i.e., product analysis and testing reports); and the document collection associated with the Contractor’s preventive maintenance program, etc.

1.6.1 Product Inventory: The Contractor shall enter inventory, receipt and sales data of Government-owned product directly into the Government’s Fuel Automated System (FAS) utilizing the Contractor-furnished company computer system via Contractor-furnished internet access (with static IP address capability) or creation of a dial-in account to the DLA Energy FAS web server IAW INT-I119.04. Additional data and requirements can be found in MIL-STD 3004B - MILITARY STANDARD AND DOD 4140.25M - MANAGEMENT OF

BULK PETROLEUM PRODUCTS, NATURAL GAS, AND COAL.

a. Documenting each order, receipt, transfer, sale, loss, credit, gain, and adjustment,

b. Maintaining auditable product document control files,

c. Using inventory measurement practices that support product accountability and auditability.

2 General Information:

2.1 Product Receiving Requirements: The Contractor’s facilities shall be capable of safely receiving petroleum product 24 hours per day, 7 days per week, without causing delay, interruption, or demurrage; this applies to response times for duty hours, non-duty hours, and extended surge operations. Contractor’s facilities shall be capable of receipt by ocean going tanker/barge with pumping rates compatible with the mode of transportation tendered (minimum 2000 barrels per hour for barges and 8,000 barrels per hour for tankers).

Lesser pumping rates will be considered but cost assessments will be factored in when evaluating offers.

Consideration will be given to unrestricted access to product IAW INT-F1.04 - GENERAL RECEIVING AND

STORING CONDITIONS (DLA ENERGY OCT 1997).

2.1.1 Notification: The Government shall give notice to the Contractor of scheduled product receipts.

Receipt notification shall include the estimated quantity, mode of delivery, projected delivery date, shipment source, grade or type of product, and any special instructions.

2.1.2 Custody and Risk of Loss: Custody and risk of loss is as stated unless otherwise agreed upon.

a. Pipeline Receipts: Custody and risk of loss shall pass from the carrier to the Contractor when the product passes the flange connecting the carrier's pipeline and the Contractors pipeline IAW INT-F1.04 -

GENERAL RECEIVING AND STORING CONDITIONS (DLA ENERGY OCT 1997).

b. Marine Receipts: Custody of product delivered by tanker or barge and risk of loss shall pass from the carrier to the Contractor when the fuel passes the vessel’s permanent hose connection IAW INT-F1.04

- GENERAL RECEIVING AND STORING CONDITIONS (DLA ENERGY OCT 1997).

2.2 Product Shipping Requirements: The Contractor’s facilities shall be capable of safely issuing U. S.

Government-owned petroleum product JP-5 via dedicated pipeline, and trucks to the U. S. Navy, U.S. Coast Guard, and other sponsored costumers 24 hours per day, 7 days per week, without causing delay, interruption, or demurrage by pipeline and/or ocean going tanker with pumping rates compatible with the mode of transportation tendered (minimum 2,000 barrels for barges and 8,000 barrels per hour for tankers) IAW INT-

F1.05 - GENERAL SHIPPING

CONDITIONS (DLA ENERGY OCT 1997). Lesser pumping rates will be considered but cost assessments will be factored in when evaluating offers. Consideration will be given to unrestricted access to product IAW MIL-

STD 3004B.

(1) Vessels: The contractor shall be responsible for the following actions:

(a) Provide facilities capable of safely servicing U.S. Government-owned petroleum product JP-5 via a Contractor-furnished dedicated pipeline system to the U. S. Navy, US. Coast Guard and other DOD sponsored customers as shown in C-2.2.

(b) Continuously monitor all pier side fueling operations for safety and environmental compliance.

(c) Obtain start, mid and end batch samples of the product being loaded and provide a copy of the latest laboratory analysis of fuel maintained in the storage tank to each receiving vessel.

(d) Ensure that appropriate documents are properly prepared and distributed.

(2) Trucks Loading: The contractor shall be responsible for the following actions:

(a) Provide facilities capable of safely loading and dispatching tank trucks with U. S. Government-owned petroleum product JP-5 to the U. S. Navy, U.S. Coast Guard and other DoD sponsored customers as shown in C-

2.2. The number of tank truck shipments for each 12 month period is approximately 80.

(b) Inspect each tank truck to ensure it is clean, ensure suitability to load U. S. Government-owned petroleum product JP-5, and pilferage prevention of tank trucks.

(c) Obtain samples after completion of truck loading and provide a copy of the laboratory analysis of samples taken upon completion of loading each tank truck.

(d) Arrange transportation for Free on Board (FOB) destination by tank truck services for the delivery of JP-5 to U.S. Navy, US. Coast Guard and other DoD sponsored customers, calling Cristóbal, Panamá; Balboa del Sur, Panamá; Vacamonte, Panamá Chiriquí Grande, Panamá; Puerto Quetzal, Guatemala, Puerto Golfito, Costa Rica, Puerto Limón, Costa Rica and Acjutla, El Salvador. Average delivery quantities are in the 15,000 and 18,000 USG range. The contractor must have a minimum capacity of 5,000 gallons.

Minimum order lead-time: Contractor shall maintain the capability to deliver to all locations listed in (d) within 36 hours, except Guatemala, which shall have a delivery lead time of 48 hours of receipt of fuel orders.

Requesting ships and cutters routinely place fuel orders 5-7 days prior to requested delivery date, however shorter order lead times may be required on an infrequent basis.

Minimum pumping rate: 200 gpm, the basic intent is to maintain the capability to discharge an 8,000 gallon delivery quantity in 30-45 minutes.

(e) Trucks should be clean and readily available at the contractor’s facility.

(f) Monitor all fueling operations to ensure that delivery operations are in compliance with the Transportation, Environmental and Safety rules and regulations of Panama.

(g) The contractor shall be reimbursed for the direct out of pocket cost associated with the tank truck shipments.

(h) Provide contractor’s invoices with supporting copies of the tank truck companies invoices, the appropriate shipping documents and the commercial bill of lading.

(i) Affixing numbered seals. A list of all seal numbers, used to seal each of the access points on the tank, shall be certified by the loading terminal after the seals have been affixed to the tank, and this list provided to the delivery driver. Upon truck arrival at delivery destination, the Supply Officer of the receiving ship, or his designated representative, would verify the seal numbers on the tank against the list from the loading terminal.

(j) Ensure that all of the appropriate documents are properly prepared and distributed.

2.2.1 Billing. The Contractor shall prepare and distribute Government bills of lading and all necessary paperwork to include customs documentation if necessary used in issuing product IAW INT-G148.05 - SUBMISSION OF INVOICES FOR PAYMENT (SERVICES) (DLA ENERGY MAR 2009) and INT-I119.04 -

INVENTORY CONTROL RECORD AND RECORD SYSTEM OF RECORD (DLA ENERGY JUN 2009)

unless otherwise directed. Bills of lading, routing instructions, and transportation assistance shall be furnished by DLA Energy-Americas East or Service activity placing orders.

2.3 Store and Handle Fuel: The Contractor shall at all times safely maintain product quantity, quality, and availability to meet its intended use. The Contractor shall maintain the product storage facilities IAW industry standards IAW INT-F1.04 - GENERAL RECEIVING AND STORING CONDITIONS.

2.3.1 Transfers: The capability to transfer product between storage tanks on a seven day per week basis is required. When needed, can be either Contractor or Government directed, the Contractor shall transfer product between tanks to consolidate types or grades in preparation for receipts or issues at no additional cost to the government. The responsibility for preventing commingling or contamination during transfers rests completely with the Contractor IAW

INT-F1.04 - GENERAL RECEIVING AND STORING CONDITIONS.

2.4.1 Reimbursement: The Contractor shall reimburse the U. S. Government the cost of lost product in excess of Inventory Operating Gains or Loss Tolerances as defined INT-I119.04 - INVENTORY CONTROL

RECORDS AND SYSTEMS OF RECORD.

2.5 Ancillary Facilities: The facilities to be furnished under this requirement shall include, as a minimum, the following:

2.5.1 Tank: All tanks and facilities offered must meet the minimum requirements of the current UFC3-460- 01 – UNIFIED FACILITY CRITERIA, AOI STANDARDS – ASSOCIATION OF ILLUSTRATORS, the

NFPA CODES AND STANDARDS – THE NATIONAL FIRE PROTECTION ASSOCIATION CODE AND

STANADARDS, and/or all comparable national, State or Local laws, regulations, etc., applicable to tanks and facilities of the type to be provided. The facility must be equipped with illumination to allow receipt/issue operations during hours of darkness.

2.5.2 Filtration: The Contractor shall provide a filtration system that meets the specifications outlined in the current API publication 1581, Specifications and Qualification Procedures – Aviation Jet Fuel Filter Separator.

Filtration must be sized to meet loading, receipt, pipeline and tank trucks IAW MIL-STD 3004B.

2.5.3 Laboratory: The Contractor shall provide laboratory services to test U. S. Government products IAW MIL-STD-3004B requirements at no additional cost to the Government. If the Contractor cannot provide full testing capabilities as shown in Appendix E, the Contractor shall be responsible for shipping the required samples at their expense to a laboratory acceptable to the Government representative. The calibration of testing equipment will be IAW INT-C19.07 – SAMPLING AND TESTING OF PETROLEUM PRODUCTS

(STORAGE).

3 PRODUCT AND QUALITY SURVEILLANCE.

3.1 Quality Control Plan: The Quality Control Plan (QCP) will describe how the contractor shall designate personnel, facilities, and equipment on-site to accomplish routine tests and procedures to include tanker loading. The QCP shall provide comprehensive and detailed step-by-step procedures covering all requirements in INT- E1.11, QUALITY CONTROL PLAN. 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 INT- F1.04

b. Blending – See INT- F45.03

c. Sampling – See INT- C19.07

d. Testing – See INT- C19.07 and INT-E28

e. Calibration

f. Storage and Handling – See INT- E28 and INT-I116

g. Loading and Shipping – See INT-F1.05

h. Quantity Determination – See INT-F1.14

i. Records and Reports – See INT- I119.04

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). Contractor responsibility to inspect product and services shall be in accordance with clause INT-E28, CONTRACTOR INSPECTION RESPONSIBILITIES.

3.2. Samples and Testing: The Contractor shall provide to the government representative samples of any product being stored, shipped, or received under the contract, at the request of, and in the manner designated by the QAR. These samples shall be provided in addition to samples required elsewhere in the contract and referenced in the QCP. The total number of these samples to be provided during any 12 month period shall not exceed eight times the number of tanks specified in the contract INT-C19.07 - SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) (DLA ENERGY OCT 2001) and INT-E28 - CONTRACTOR

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

3.3 Product Quality Surveillance: The contractor will be responsible for maintaining the quality of the Government-owned product stored at the Contractor’s facility IAW the current version of MIL-STD-3004B.

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. The Contractor shall ensure that certificates of quality conformance (test reports) are maintained on file for all on-hand fuel stocks.

3.4 Off-Specification: The Contractor shall report immediately to DLA Energy-America East or the QAR, all receipts or on hand stocks that fail to meet product quality for receipt, storage or shipment IAW MIL-STD- 3004B. Suspected off-specification product will be isolated and shall not be released for shipment until authorized by DLA Energy-America East or the QAR.

3.4.1 The Contractor shall provide the Quality Assurance Representative (QAR) with information pertaining to the amount of any 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 INT-E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS.

3.4.2 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.

4 APPLICABLE DIRECTIVES.

4.1 The Contractor shall comply with applicable statutory and regulatory requirements and validated best commercial practices. This requirement applies to all performance criteria and deliverables set forth in this document, MIL-STD 3004B and DOD 4140.25M. The list is not all inclusive. Additional information regarding DLA Energy standards can be found at: http://www.desc.dla.mil/DCM/DCMPage.asp?pageid=593 and http://www.desc.dla.mil/DCM/DCMPage.asp?LinkID=DESCPublications. In the event of conflicting guidance, contact the Contracting Officer (CO) for clarification.

LINE ITEM 1001 – MONTHLY USE CHARGE (MUCC): (FIVE YEAR LONG TERM

PERFORMANCE PERIOD) 01 NOVEMBER 2012 THROUGH 31 OCTOBER 2017

NOTE: IAW DLA ENERGY INT-I209.03, Extension Provision (Storage), the contractor is accepting that prices for the six one (1) month extension (if required) will remain the same as the offered prices under CLIN 1001 (MUCC) unless otherwise stipulated.

NOTE: For clarification of THROUGHPUT:

The Government expects to receive the first 42,000 barrels of product into storage after initial fill, per year or prorated for partthereof for any part year that the use of the storage is limited to a period of less than one year at NO ADDITONAL CHARGE (Include TANKAGE charge).

The Government expects to ship the first 42,000 barrels of product out of storage after initial fill, per year or prorated for partthereof 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).

LINE ITEM 1001AA - EXCESS THROUGHPUT (EXTP):

Excess Throughput: Excess throughput is defined as any volume greater than 42,000 barrels throughput within a 12-monthperiod. (See DLA Energy Internal Instruction INT-B34.01, paragraph 1.5). The Contractor will be reimbursed $_______ per barrel.

SECTION INTENTIONALLY LEFT BLANK

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:

LINE ITEM 1002-1009 – TANK TRUCK TRANSPORTATION (TRAN):

The Contractor shall provide trucks (minimum capacity of 5,000 gallons) capable of delivering a range of 15,000 and 18,000 USG of JP5 to Cristóbal, Panamá; Balboa del Sur, Panamá; Vacamonte, Panamá Chiriquí Grande, Panamá; Puerto Quetzal, Guatemala, Puerto Golfito, Costa Rica, Puerto Limón, Costa Rica, and Acjutla, El Salvador. These tank truck services will be Free on Board (FOB) destination for the U.S. Navy, U.S.

Coast Guard and other DoD sponsored customers. Minimum order lead-time: Contractor shall maintain the capability to deliver to all locations above within 36 hours, except Guatemala, which shall have a delivery lead time of 48 hours of receipt of fuel orders. Requesting ships and cutters routinely place fuel orders 5-7 days prior to requested delivery date, however shorter order lead times may be required on an infrequent basis. (See PWS, Paragraph 2.2 (2)(d))

The Government shall reimburse the Contractor at direct out of pocket costs associated with tank truck shipments.

CLIN LOCATION PRICE PER USG

1002 Cristóbal, Panamá 1003 Balboa del Sur, Panamá 1004 Vacamonte, Panamá 1005 Chiriquí Grande, Panamá 1006 Puerto Quetzal, Guatemala, 1007 Puerto Golfito, Costa Rica 1008 Puerto Limón, Costa Rica 1009 Acjutla, El Salvador

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

INT-C19.01 SECURITY AND FIRE PROTECTION (DLA ENERGY AUG 1988)

(a) The entire facility shall be enclosed by a fence suitable to deter unauthorized access. The fence shall be fitted with gates that may be padlocked when not in use.

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

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

(d) A water supply and fire-fighting equipment conforming to National Fire Protection Association and

American Petroleum Institute standards will be maintained. At locations outside the United States, other standards may be used with prior approval of the Contracting Officer.

(e) In the event of an emergency at a CONUS COCO terminal, the Contractor shall seek the assistance of the following as appropriate: local ambulance service; local fire department; local, county, and State police;

regional office of the Federal Bureau of Investigation; Secret Service; U.S. Marshal's Service; and the Federal Emergency Management Agency.

INT-C19.04 REMOVAL OF WATER BOTTOMS (DLA ENERGY FEB 1998)

Storage tanks for DLA ENERGY use shall be equipped with positive water sumps for removal of all water bottoms. All storage tanks shall be drained of water a minimum of once each week and whenever storage tank gauging indicates water is present. (Weekly water drainage is necessary because the datum plate may not necessarily be the low point in the storage tank. Water could possibly accumulate below the datum plate and not show up in the gauging process.) Additionally, all storage tanks shall be drained of water prior to any transfer of fuel and after a minimum of 4 hours or maximum of 24 hours settling time following each product receipt.

Storage tanks equipped with floating roofs shall be gauged for water after each rain and drained if water is found present. Product and water levels shall be gauged before and after the draining of water. Water gauges of each storage tank shall be taken and recorded each time it is gauged for product. (Each storage tank shall be equipped with a fuel/water separation system for collection of all product or water dispensed from its bottom water drain(s). This system shall have the capability to return separated product back into the same storage tank.)

INT-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 a 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

52.246-4 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…