12-R-0534_-_RFP_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. 2/2012)

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)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

SP0600-12-0215 111

SP0600-12-R-0534

NINATILE BACOTE 703-767-9343

SP0600

SEE RFP SECTION B:

SUPPLIES/SERVICES and PRICES/COST

SEE BLOCK 9

Defense Finance & Accounting Service - Columbus Center Fuels Payment Division, Service Commodity/JAQBAD

P.O. BOX 182317

COLUMBUS, OH 43218-2317

1001 Defense Fuel Support Point (DFSP) services to receive, store, ship and account for one grade (Aviation Turbine Fuel, Commercial Grade Jet A) of Government-owned petroleum product in the Vancouver, WA and Portland, OR area with emphasis on access to the Olympic Pipeline System. See Special Contract Provision: B-0001-B34.01

- Services to be Furnished and Prices (DLA Energy FEB 1991) one

ALICIA C. WILLIAMS

493190

$25.5

09/28/2012

11/13/2012

9:00 AM (EST)

DLA ENERGY - BYB

8725 JOHN J. KINGMAN ROAD, SUITE 2945

FORT BELVOIR, VA 22060-6222

PHONE: 703-767-9343 FAX: 703-767-9338

EMAIL: Ninatile.Bacote@DLA.mil

SP0600-12-R-0534

Vancouver, WA/Portland, OR

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

Attached is the Request for Proposal Number SP0600-12-R-0534, for services to receive, store, ship, and account for one grade (Aviation Turbine Fuel, Commercial Grade Jet A) of Government –owned petroleum product in the Vancouver, WA and Portland, OR area with emphasis on access to the Olympic Pipeline System.

This solicitation will be issued utilizing Full and Open Competition IAW FAR 6.1. Award will be made to the Lowest Priced Technically Acceptable Offer. The Government intends to evaluate all proposals submitted. Discussions will be held with all responsible offerors whose proposal is determined to be within the competitive range.

Proposals will be evaluated on the basis of the lowest priced proposal meeting the acceptability standards of all non-cost factors. The proposed performance period is March 12, 2013 through March 12, 2018.

(Option: March 12, 2018 through March 11, 2023)

THE FOLLOWING ITEMS REPRESENT THE "PROPOSAL PACKAGE" THAT SHOULD BE RETURNED IN

RESPONSE TO THIS SOLICITATION:

1. Offer Submission Package (OSP) SF 1449, Solicitation/Contract/Order for Commercial Items – Offeror should ensure the CAGE CODE and DUNS Numbers are placed in Block 17A and complete blocks 30A, 30B, and 30C. Finally, the offeror should sign and date in blue or black ink while ensuring that all changes made are initialed.

Review of Offer - Please review your offer thoroughly, ensuring all of the following: (a) Representations and Certifications are all complete. (b) Prices and extended prices have been inserted and are correct. (Insert your offered prices on the pricing sheets included in the OSP.). PLEASE DO NOT SUBMIT YOUR PRICES IN ANY OTHER FORMAT. DO NOT SUBMIT PRICING ON YOUR COMPANY LETTERHEAD. For additional information, see FAR 52.212-1, Instructions to Offerors – Commercial Items (FEB 2012).

Past Performance Information – Please include the name and contact information of contractors used as references in Item 3 (Past Performance Experience Form) below.

OSP Submission Requirement - An "original" and "one copy" of the OSP MUST be submitted by the Offeror.

2. Technical Proposal:

Review of L-0004-L116.01 – Data Requirements (Storage) (DLA Energy JAN 2012) and L-0005-L201.02 – Instructions to Offerors (COCO) (DLA Energy JAN 2012) and submit the technical proposal as directed.

• Technical Proposal Submission Requirement - An "original" and "one (1) copy" must be submitted no later than ten business days after solicitation closing.

3. Past Performance Questionnaire:

The Offeror shall provide information for a maximum of three (3) contracts and/or subcontracts (can include those in progress) held within the last three (3) years. Also, ensure the attached Past Performance Questionnaire is forwarded by the offeror to the contract POC for which the past performance reference is being provided. The government will use information submitted by the offeror’s past performance POC, such as other Federal Government offices and commercial sources, to assess performance.

The attached Past Performance Questionnaire MUST be completed by the POC providing the reference. Upon completion, the Offeror’s past performance POC should forward the completed questionnaire to: Ninatile Bacote, Contract Specialist, via email to Ninatile.bacote@dla.mil no later than November 19, 2012.

4. FAXED PROPOSALS ARE NOT AUTHORIZED. You may, however, email your proposal to:

bidcustodian@dla.mil. All emailed proposals MUST be followed-up with a hard copy of your proposal no later than ten business days after solicitation closing. Late proposals will be processed in accordance with FAR 15.208, Submission, Modification, Revision and Withdrawal of Proposal.

5. Unless you specifically state otherwise, your offer is assumed to accept all Terms and Conditions of this Solicitation. Any exceptions to any part of this Solicitation MUST be specifically identified in a cover letter to your proposal. Your offer must be received no later than 9:00 p.m. local Fort Belvoir, VA time on November 13, 2012. Do NOT include any exceptions to the Solicitation in your Technical Proposal. Exceptions must be clearly identified in your cover letter.

6. Any material (i.e. Brochure or presentation) beyond those sufficient to present a complete and effective response to his 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, expensive visual and other presentations are not required.

7. Care should be taken to mail correspondence relating to this Solicitation or resulting Contract to the appropriate office as indicated in the applicable clauses.

8. DLA Energy- BYB 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 SP0600-12-R-0534.”

9. NOTICE REGARDING SUSPENSION/DEBARMENT/INELIGIBILITY: 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.

10. SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE: All Contractors must be registered in the System for Award Management (SAM) database. Lack of registration in SAM will make an offeror ineligible for award as described in FAR 52.204-7. Commercial and Government Entity Code (CAGE): (a) the offeror is requested to enter its CAGE code, company name and address on its offer in block 17A of the SF1449. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. (b) If the Offeror does not have a CAGE code, one can be obtained at the SAM website at http:// www.sam.gov. (c) Do NOT delay submission of the offer pending receipt of a CAGE code.

11. INVOICE SUBMISSION INFORMATION: Monthly services invoices shall be faxed directly to the Finance and Accounting Office after certification by a Government representative (Contracting Officer or Contract Specialist) in accordance with DLA Energy Contract Provision G-0006-G148.05 Submission of Invoice for Payment (Services) (DLA Energy MAR 2012). All other invoices are submitted to the Contract Administration Office (CAO) after Quality Representative (QR) or Contracting Officer’s Representative (COR) certification.

12. PAYMENT QUESTIONS: Any questions and/or concerns about payment shall be directed to the assigned Contract Specialist or the Contractor may call DFAS-Columbus customer service at 1-800-756-4571.

13. TAX EXEMPT NUMBER: For the Defense Logistics Agency-Energy is: 31-4420477.

14. QUESTIONS RELATING TO THIS SOLICITATION: Must be emailed to Ninatile Bacote, Contract Specialist at Ninatile.Bacote@dla.mil no later than October 18, 2012. Please reference the Solicitation Number in the SUBJECT LINE of your email. All responses will be provided via an amendment to the solicitation.

The following is the address in which to submit an "original" and "one copy" of your TECHNICAL PROPOSAL, OFFEROR SUBMISSION PACKAGE along with the TECHNICAL/MANAGEMENT DATA to the following: US Post Office and US Post Office Express Mail offers only:

ATTN: DLA Energy-BY Bid Custodian Room 2945 Defense Logistics Agency Energy 8725 John J. Kingman Road, Suite 2945 Fort Belvoir, VA 22060-6222

Hand Carried/Courier Delivery Service only:

ATTN: DLA Energy-BY Bid Custodian Room 2945 Ms. Debbie Lloyd/ Telephone: 703-767-9350 Defense Logistics Agency Energy 8725 John J. Kingman Road, Suite 4950 Fort Belvoir, VA 22060-6222

FOR VERIFICATION OF RECEIPT: Contact Ms. Debbie Lloyd at (703)-767-9350. PLEASE DO NOT CONTACT

THE PROCUREMENT OFFICIAL ISSUING THE SOLICITATION FOR VERIFICATION OF RECEIPT.

TABLE OF CONTENTS

PROVISION NO. PROVISION TITLE PAGE

SF1449 SOLICITATION/CONTRACT/ORDER COMMERCIAL ITEMS 1

ADDITONAL INSTRUCTIONS FOR PROSPECTIVE OFFERORS 2-3

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B-0001 B34.01-SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) 7-11

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-0001 C19.01-SECURITY AND FIRE PROTECTION (DLA ENERGY AUG 1988) 11

C-0002 C19.04-REMOVAL OF WATER BOTTOMS (DLA ENERGY FEB 1998) 11

C-0003 C19.07-SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) (DLA ENERGY JAN 2012) 12

SECTION E – INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996) 12-13

E-0001 E1.01-CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF SERVICES

(DLA ENERGY AUG 1981)

E-0002 E1.11-QUALITY CONTROL PLAN (DLA ENERGY MAR 2000) 14

E-0003 E18-INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY NOV 2003) 14-15

E-0004 E22-LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY DEC 2011) 16-18

E-0005 E28-CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA ENERGY DEC 2011) 19-20

E-0006 E34-TEST FOR SULFIDES IN WATER (DLA ENERGY MAY 1987) 20

E-0007 E35-NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) 20-21

E-0008 E36-INSPECTION (STORAGE) (DLA ENERGY FEB 1970) 22

SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989) 22

52.211-9072 GENERAL RECEIVING AND STORING CONDITIONS (DLA ENERGY) (NOV 2011) 22-24

F-0001 F1.05-GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997) 24-27

F-0002 F1.14-DETERMINATION OF QUANTITY (STORAGE) (DLA ENERGY NOV 1997) 27-28

F-0003 F45.01-OPERATION OF CONDUCTIVITY ADDITIVE SYSTEM (DLA ENERGY OCT 1998) 28

F-0004 F45.03-OPERATION OF FUEL SYSTEM ICING INHIBITOR ADDITIVES SYSTEM (COCO)

(DLA ENERGY JAN 2012)

28-29

F-0005 F45.04-OPERATION OF CORROSION INHIBITOR ADDITIVE SYSTEM (DLA ENERGY JUL 1992) 29

F-0006 F76-CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE) (DLA ENERGY DEC 1991) 30

SECTION G – CONTRACT ADMINISTRATION DATA

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER -- CENTRAL CONTRACTOR REGISTRATION (OCT 2003) 30-31

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (MAY 1999) 31

G-0001 G3-INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 31

G-0002 G9.06-ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999) 32

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

(DLA ENERGY JUL 2007)

33-35

G-0004 G21-DESIGNATION OF PROPERTY ADMINISTRATOR (DLA ENERGY MAY 2009) 35

G-0005 G22-DESIGNATION OF THE DEFENSE FUEL REGION (DLA ENERGY JUL 1997) 35

G-0006 G148.05-SUBMISSION OF INVOICES FOR PAYMENT (SERVICES) (DLA ENERGY MAR 2012) 36-37

G-0007 G-150.03-ELECTRONIC SUBMISSION OF INVOICES FOR PAYMENT (EDI) (DLA ENERGY JAN 2012) 37

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-0001 H19-REPORTING AND CONTAINING OIL SPILLS (DOMESTIC STORAGE) (DLA ENERGY JAN2012) 37

PROVISION NO. PROVISION TITLE PAGE

SECTION I - CONTRACT PROVISIONS

52.202-1 DEFINITIONS (JUL 2004) 38

52.203-3 GRATUITIES (APR 1984) 38

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010) 38-41

52.204- 7/252.204-7004

CENTRAL CONTRACTOR REGISTRATION (APR 2008) (ALTERNATE A) (SEP 2007) 41-42

52.209-6 PROTECTING THE GOVERNMENT’S INTERESTS WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)

52.212.1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FEB 2012) 43-45

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JUN 2010) 46-48

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

-- COMMERCIAL ITEMS (JUL 2012)

48-51

52.215-2 AUDIT AND RECORDS -- NEGOTIATION (OCT 2010) 51-52

52.215-8 ORDER OF PRECEDENCE -- UNIFORM CONTRACT FORMAT (OCT 1997) 52

52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997) 52-53

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 53

52.222-3 CONVICT LABOR (JUNE 2003) 53-54

52.222-26 EQUAL OPPORTUNITY (MAR 2007) 54-55

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (SEP 2010) 55-58

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010) 58-59

52.222-37 EMPLOYMENT REPORTS ON VETERANS (SEP 2010) 59

52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007) 60-64

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) 64-65

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -- PRICE ADJUSTMENT (MULTIPLE YEAR

AND OPTION CONTRACTS (SEP 2009)

65-66

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009) 66-67

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007) 68

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) 68

52.232-17 INTEREST (OCT 2010) 69

52.233-1 DISPUTES (JUL 2002) (ALTERNATIVE I) (DEC 1991) 69-70

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 70

52.243-1 CHANGES -- FIXED PRICE (AUG 1987) 70-72

52.246-25 LIMITATION OF LIABILITY -- SERVICES (FEB 1997) 72

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (MAY 2004) 72-74

52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM) 74

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) 74-75

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

TERRORIST COUNRTY (DEC 2006)

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

APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2012)

75-76

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) 77

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 77

I-0001 I1.01-4-DEFINITIONS (CONT’D) (STORAGE) (DLA ENERGY JUN 2009) 77-79

I-0002 I102.02-FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -- PAYROLL TAX ADJUSTMENT

(DLA ENERGY JAN 2012)

I-0003 I116-RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DLA ENERGY JAN 2012) 79-80

I-0004 I116.01-LIABILITY FOR FUEL SPILLS (DLA ENERGY JAN 2012) 80

I-0005 I119.04-INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DLA ENERGY JAN 2012) 80-85

I-0006 I147-DEMURRAGE (DLA ENERGY NOV 1989) 85

I-0007 I180.02-ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN 2012) 85

I-0008 1209.3-EXTENSION PROVISION (STORAGE) DLA ENERGY SEP 1991) 85-86

PROVISION NO. PROVISION TITLE PAGE

I-0009 I291-CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) IMPLEMENTATION (SEP 2009) 86

I-0010 I385-NOTIFICATION OF CONTRACTING OFFICER IN THE EVENT OF DISCOVERY OF EVIDENCE OF

FRAU UNDER THE CONTRAT (DLA ENERGY JUL 2008)

86-87

SECTION J – THE DOCUMENTS LISTED BELOW ARE ATTACHMENTS

OFFEROR SUBMISSION PACKAGE (OSP) ATTACHMENT 1

PAST PERFORMANCE EXPERIENCE FORM ATTACHMENT 2

PAST PERFORMANCE QUESTIONNAIRE ATTACHMENT 3

WAGE DETERMINATION ATTACHMENT 4

SMALL BUSINESS SUBCONTRACTING PLAN ATTACHMENT 5

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 87

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008) 88-89

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2012) 89-90

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) 90-91

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010) 91-92

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (JAN 2011)

(ALTERNATES I AND II) (APR 2000)

92-99

52.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (JAN 2009) 99

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (JAN 2011) (ALTERNATE I) (APR 2002) 99-100

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN SANCTIONED ACTIVITIES RELATING TO

IRAN—REPRESENTATION AND CERTIFICATION (NOV 2011)

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) 101

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) 101-102

K-0001 K15-RELEASE OF PRICES (DLA ENERGY MAR 2009) 102

K-0002 K33.01-AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 102

K-0003 K150-WIDE AREA WORKFLOW (DLA ENERGY AUG 2012) 103

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

52.215-1 INSTRUCTIONS TO OFFERORS -- COMPETITIVE ACQUISITION (JAN 2004) (ALTERNATE I) (OCT 1997) 103-104

52.216-1 TYPE OF CONTRACT (APR 1984) 105

52.233-2 SERVICE OF PROTEST (SEP 2006) 105

252.204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (AUG 1999) 105

52.233-9000 AGENCY PROTESTS (SEP 1999) – DLAD 105

52.233.9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (JUN 2001) - DLAD 106

L-0001 L1.02-PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 106

L-0002 L2.11-4-E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 106-107

L-0003 L82-WAGE DETERMINATION (DLA ENERGY FEB 2009) 107

L-0004 L116.01-DATA REQUIREMENTS (STORAGE) (DLA ENERGY JAN 2012) 107

L-0005 L201.02-INSTRUCTIONS TO OFFERORS (COCO) (DLA ENERGY JAN 2012) 107-108

SECTION M – EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION -- COMMERCIAL ITEMS (JAN 1999) 108-111

M-0001 M43.02 ADDITIONAL EVALUATION (DLA ENERGY FEB 1985) 111

M-0002 M72-EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 111

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B0001 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

Contractor-Owned, Contractor-Operated (COCO) Services

Vancouver, Washington and Portland, OR Areas

1. Description of Required Services and General Information:

1.1 Area of Consideration

1.2 Storage Requirement

1.3 Grade of Service

1.4 Physical System Requirements

1.5 Estimated Throughput Requirement

2. Product Receiving, Shipping, and Inventory Control and Accounting Requirements:

2.1 Product Receiving Requirement

2.2 Product Shipping Requirement

2.3 Inventory Control Records and Systems of Record Requirement

3. Ancillary Facilities and Services:

3.1 Storage Tanks and Facilities

3.2 Government-furnished Tank Truck Shipping and Receiving Facilities

3.3 Dock and Berthing Facilities

3.4 Pipeline Facilities

3.5 Filtration Facilities

3.6 Laboratory Facilities and Product Quality Control

3.7 Additive Injection System(s)

4. Quality Assurance Representative (QAR) Support:

4.1 Office Facility

4.2 Telephone, Facsimile, and Internet Service

4.3 Printer/Scanner/Copier

5. Contract Provisions

6. Best Commercial Practices

1. DESCRIPTION OF REQUIRED SERVICES: Defense Fuel Support Point (DFSP) services to receive, store, ship, account, and maintain quality for one grade of Government-owned petroleum product are required for the period beginning March 12, 2013. Five years with one-five year option.

1.1 AREA OF CONSIDERATION: The purpose of this requirement is to obtain the necessary facilities and services required for one grade of Government-owned petroleum product in and around the Vancouver, WA and Portland, OR area with a connection to the Olympic Pipeline System.

1.2 STORAGE REQUIREMENT: Minimum 300,000 barrels up to 400,000 barrels (shell capacity) of storage. Comingled, or community tanks with fungible product and/or dedicated storage tanks will be considered. Comingled tanks are defined as tanks holding the same grade of product as listed in para 1.3, yet enough room remains uncommitted and available to allow the service provider to meet the storage requirement. Dedicated tanks are defined as tanks which will be dedicated strictly for use by the Government to meet the storage requirement.

1.3 GRADE OF PRODUCT: Aviation Turbine Fuel, Commercial Grade Jet A (commercial specification ASTM-D-1655.

1.4 PHYSICAL SYSTEM REQUIREMENTS: Storage and distribution facilities capable of receiving, storing, protecting, and shipping one grade of Government-owned petroleum product. In addition to required tank data, the potential Contractor will be required to provide the tank cleaning and inspection data required by the applicable contract clause(s) as part of their proposal. 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 the facility.

1.5 ESTIMATED THROUGHPUT REQUIREMENTS: 1,025,000 BBLS for each 12 month contract period, not including the initial fill. The throughput computation is based on receipts plus shipments divided by two.

2. PRODUCT RECEIVING, SHIPPING, AND INVENTORY CONTROL AND ACCOUNTING REQUIREMENTS:

2.1 PRODUCT RECEIVING REQUIREMENT: Via tanker/barge on a 24-hour per day, 7-day per week basis at pumping rates compatible with the mode of transportation tendered (minimum 4,000 barrels per hour for barges and 5,000 barrels per hour for tankers). Via pipeline (from the Olympic Pipeline system) on a 24-hour per day, 7-day per week basis at a rate compatible with the mode tendered.

2.2 PRODUCT SHIPPING REQUIREMENT: Via tanker/barge on a 24-hour per day, 7-day per week basis at pumping rates compatible with the mode of transportation tendered (minimum of 4,000 barrels per hour for barges and 5,000 barrels per hour for tankers). Product shipped via tanker/barge does not require additives. Via Government-furnished tank trucks on an 8.5-hour per day, 5-day per week basis. Tank truck loading hours required are 6:00 a.m. to 2:30 p.m. Requirements in excess of these hours on an overtime basis. Quantity determination for tank truck shipment shall be by calibrated meter. Product shipped via tank truck requires additives (refer to 3.7 Additive Injection System).

2.3 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD: The Contractor shall perform data entry to input inventory and sales data of Government-owned product at the Government-provided Fuels Manager Defense (FMD) Express website in compliance with current Defense Logistics Agency (DLA) Energy policy and applicable contract clause(s). The Contractor shall at all times provide a minimum of one fully operational computer system that meets the current commercial standards capable of accomplishing the data reporting and records keeping requirements. Additional data and requirements can be found in the applicable contract clause(s).

2.3.1 HIGH SPEED INTERNET ACCESS: FMD Express and other DLA Energy Business Systems Modernization – Energy (BSM-E) applications require the Contractor to provide and have on-site high speed internet access with a static internet protocol (IP) address, email with individual users accounts, the current version of Adobe Acrobat, and Microsoft Office. Additional data and requirements can be found in the applicable contract clause(s).

3. ANCILLARY FACILITIES: The facilities to be furnished under this requirement shall include, as a minimum, the following:

3.1 STORAGE TANKS AND FACILITIES: All tanks and facilities must meet the minimum requirements of the current API Standards, NFPA Codes, and all laws, regulations, etc., applicable to tanks and facilities of the type to be provided. Cone roof tanks with interior floating pans are preferred; however, cone roof tanks without floating pans are acceptable.

3.2 GOVERNMENT-FURNISHED TANK TRUCK SHIPPING AND RECEIVING FACILITIES: The Contractor’s tank truck shipping and receiving facilities shall provide unrestricted access to Government-furnished tank trucks, be capable of bottom loading product, be equipped with a Scully system (or compatible), certified temperature compensating meters to accurately measure the product being loaded, and be able to load a minimum of four 8,000 gallon tank trucks per hour. The Contractor’s tank truck shipping facilities shall be in compliance with Federal, State, and local enviromental laws and regulations based upon the type of product being loaded. The Contractor’s tank truck receiving facility shall have a minimum of two (2) headers capable of spotting and off-loading two (2) tank trucks simultaneously. The loading or off-loading of Government-furnished tank trucks shall not be in competition with the Contractor’s other terminal operations.

3.3 DOCK & BERTHING FACILITIES: Receipt via tanker/barge required, minimum pier facilities to receive vessels up to 46,000 DWT, 700 feet Length Overall (LOA), minimum draft of 40' Minimum receipt and issue requirements are 5,000 bph and 100psi dockside.

3.4 PIPELINE FACILITIES: Connection to the Olympic Pipeline system.

3.5 FILTRATION FACILITIES: The Contractor-furnished filtration system shall meet the requirements of the current API Bulletin 1581, “Category M” and “Type S” for product filtration during shipping, tank to tank transfers, and tank truck loading. If the service provider is providing comingled storage, filter elements and disposal costs are the responsibility of the service provider. If the service provider is providing dedicated storage with a dedicated filter system, the Government will reimburse the service provider for the cost of the replacement filter elements, and disposal of the used filter elements.

3.6 LABORATORY FACILITIES AND PRODUCT QUALITY CONTROL: The Contractor shall provide laboratory services to maintain product quality control and test Government-owned product in accordance with the current version of MIL-STD-3004 Quality Surveillance for Fuels, Lubricants, and Related Products (available for download at the DLA Energy web page http://www.desc.dla.mil/DCM/DCMPage.asp?pageid=593).

If the Contractor cannot provide full testing capabilities identified in MIL-STD-3004, the Contractor shall be responsible for shipping the required samples to a laboratory specified by the Government QAR. As a minimum, Type C testing capability identified in MIL-STD-3004 shall be available within the Contractor’s facility. The Government will reimburse the Contractor for the actual costs of the tests performed by the commercial laboratory.

3.7 ADDITIVE INJECTION SYSTEM: The Contractor’s additive injection system shall provide a separate injection system (pump and ancillary connection facitilies) for the injection of each Government-furnished additive (Fuel System Icing Inhibitor (FSII), Conductivity Additive (SDA), Corrosion Inhibitor (CI)) into the product during tank truck loading operations.

4. QUALITY ASSURANCE REPRESENTATIVE (QAR) SUPPORT:

4.1 OFFICE FACILITY: The Contractor shall furnish, as a minimum, office space of approximately 110 square feet and furniture for use by the Government QAR. Furniture items include a 3-drawer desk, desk chair, 2-shelf bookcase, 3-drawer letter size locking file cabinet (or similar items that meet QAR’s needs). Contractor shall provide janitorial services for the QAR office space of the same quality and type that is provided for his own office area at the terminal.

4.2 TELEPHONE, FACSIMILE, AND INTERNET SERVICE: The Contractor shall furnish a telephone and fax machine, with necessary connections, in addition to an internet connection, for dedicated use by the QAR. The installation charge and monthly charges will be reimbursed to the Contractor upon presentation of supporting documentation and an invoice certified by the QAR. No fee or administrative charge will be added to the telephone bill.

4.3 PRINTER/SCANNER/COPIER: The Contractor shall provide a printer/scanner/copier and paper to meet QAR’s requirements.

5. CONTRACT PROVISIONS: All standard contract clauses that apply to Contractor-owned Contractor-operated services are applicable to this requirement.

6. BEST COMMERCIAL PRACTICES: In the absence of any contract provisions or reference to a method, specification, or other instruction, the Contractor shall perform all services in accordance with the best commercial practices.

CONTRACT LINE ITEM 1001 (MUCC) (BASE YEAR): The prices for the services and facilities to be provided during the performance of the five-year period (March 12, 2013 – March 11, 2018) with one five-year option 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 Special Contract Provision B-0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) unless otherwise stipulated.

TANK NUMBER

TANK TYPE

PRODUCT TO BE

STORED

SHELL

CAPACITY

(BARRELS)

FILL CAPACITY

USE CHARGE PER

TANK PER MONTH

(includes initial fill, final shipment and allowed throughput )

PRICE

ANNUAL

$/BBL/YR

FIVE YEAR CONTRACT PRICE:

For clarification of THROUGHPUT:

The Government expects to receive minimum 300,000 barrels up to 400,000 barrels (shell capacity) of storage. A minimum of two tanks interconnected and isolated from other facilities and products handled within the tank farm is required.

CONTRACT LINE ITEM 1002 - EXCESS THROUGHPUT (EXTP): Excess Throughput: Excess throughput is defined as any volume greater than 1,025,000 barrels of Aviation Turbine Fuel, Commercial Grade Jet A 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 Special Contract Provision F-0006 F45.04). The Contractor will be reimbursed $________*per barrel for the purchase of anti-corrosion additive (if required). 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 Provision 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 Provision B-0001 B34.01, paragraph 2.5).

CONTRACT LINE ITEM 2001 (MUCC)(OPTION TO RENEW): The prices for the services and facilities to be provided during the performance of the five-year period option to renew (March 12, 2018 – March 11, 2023) 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

TANK TYPE

PRODUCT TO BE

STORED

SHELL

CAPACITY

FILL CAPACITY

USE CHARGE PER

TANK PER MONTH

(includes initial fill, final shipment and allowed throughput )

ANNUAL

$/BBL/YR

FIVE YEAR 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 $________*per barrel for the purchase of anti-corrosion additive (if required). *Contractor may elect to provide a price with offer or may elect to be reimbursed by the Government at actual costs.

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

C-0001 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.

C-0002 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.)

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

ENERGY JAN 2012)

(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) contract provision.

(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 do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of Clause)

E-0001 E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF

SERVICES (DLA ENERGY AUG 1981)

If any inspection or test is made by the Government on the premises of the Contractor or subcontractor, the Contractor without additional charge shall provide all reasonable facilities and assistance for the safety and convenience of the Government inspectors in the performance of their duties.

E-0002 E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000)

(a) Upon award, the Contractor shall prepare, in triplicate and in English, a Quality Control Plan (QCP). Prior to the first receipt of Government-owned product into the facility, two copies of the QCP shall be forwarded to the Contracting Officer and one copy to the assigned Quality Assurance Representative for approval.

(b) The QCP shall include the following quality control procedures employed by the Contractor.

(1) Receiving (both product and additives);

(2) Blending;

(3) Sampling;

(4) Testing;

(5) Storage and handling;

(6) Loading and shipping;

(7) Calibration program for testing and measuring equipment in accordance with ISO 10012-1, "Quality Assurance Requirements for Measuring Equipment, Part I." Equivalent local regulation, as appropriate, may be used as well. Whichever program used must include a section addressing meter proving (used to determine quantity) and must comply with the American Petroleum Institute Manual of Petroleum Measurement Standards, Chapters 4, 5, and 6, or equivalent foreign standard. For any item that requires calibration but is not covered by ASTM, API, or IP publications, the applicable manufacturer's recommended calibration method(s) outlined in the applicable industry publication shall be used if acceptable to the Government;

(8) Quantity measurement;

(9) Records and reports; and

(10) Corrective action procedures (to include, but not be limited to, procedures for notification of Quality Representative, actions to be taken on discovery of off-spec product during receipts/shipments, upgrading procedures for Contractor-caused contamination, leaks, etc.). The QCP shall also include an organizational chart of key personnel and their responsibilities and a schematic diagram of the facility with key inspection/activity points marked for each product handled.

(c) The QCP shall require that each Contractor employee be familiar with its content and shall state that it must be reviewed semiannually and revised as needed. Revision should occur when any change is made to the inspection system, when any corrective action needs to be incorporated due to quality problems, and as otherwise necessary. The Contractor shall sign and date each revision of the QCP.

E-0003 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…