COG_4_-_Post_Award_Conference_2013.pdf

Post-Award Conference August 29, 2013

Direct Delivery Fuels-

FEPCB

OPENING REMARKS

• Team Members:

– Contracting Officer- Georgia Dotson

– Contract Specialists- Jasper Pili, Kyra Froemke, Orin Smith, JoAn Findlay, and Ken Hawes

• Solicitation SP0600-13-R-0202:

– 3 year contract

– Fixed price Economic Price Adjustment

– Ordering period October 01, 2013 through September 30, 2016

• Award Information:

– https://ports2.desc.dla.mil/cis.htm (Contract Information System)

– Basic Awarded 24 contracts

– Total Estimated dollar value of $380,000,000

– 9 states (Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Missouri, North Carolina, and South Carolina) https://ports2.desc.dla.mil/cis.htm

REFERENCES

• Federal Acquisition Regulation (FAR)

– http://farsite.hill.af.mil/vffara.htm

• Defense Federal Acquisition Regulation Supplement (DFARS)

– http://farsite.hill.af.mil/VFDFARA.HTM

• Defense Logistics Acquisition Directive (DLAD)

– http://www.dla.mil/Acquisition/Pages/DLAD.aspx

• DLA Energy

– http://www.energy.dla.mil/Pages/default.aspx http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/VFDFARA.HTM http://farsite.hill.af.mil/VFDFARA.HTM http://www.dla.mil/Acquisition/Pages/DLAD.aspx http://www.energy.dla.mil/Pages/default.aspx http://www.energy.dla.mil/Pages/default.aspx

Section E-Inspection and Acceptance

1. FAR 52.246-2 (PAGE 21) INSPECTION OF SUPPLIES-FIXED

PRICE (AUG 1996)

• Maintain an inspection system acceptable to the Government

• Shall tender only supplies inspected and found to conform to all contract requirements

• Contractor shall prepare records evidencing all inspection made and their outcomes

• Provide facilities and personnel for the safe and convenient performance of inspection by the

Government

• Contracting Officer may charge for re-inspection:

– When supplies are not ready at the time specified by the Contractor

– When the supplies was previously rejected

• For non-conforming supplies:

– Government may reject

– Contractor correct the defect

SECTION F-DELIVERIES AND

PERFORMANCE

1. FAR 52.211-16 (Page 32) VARIATION IN QUANTITY (APR 1984)

• Variation Allowable: caused by conditions of loading, shipping, or packing or allowances in manufacturing processed.

• Increase or decrease shall apply to each delivery order.

• 10% increase (1.1*quantity) /Example increase: 100 gallons *1.1= 110 total gallons

• 10% decrease (0.9*quantity)/Example decrease: 100 gallons*0.9= 90 total gallons

2. FAR 52.247-34 (Page 32) F.O.B. DESTINATION (NOV 1991)

• Specified delivery point is located

• Contractor Shall:

– Prepare and distribute commercial bills of lading

– Deliver the shipment in good order and condition to the point of delivery specified in the contract

– Pay and bear all charges to the specified point of delivery

PERFORMANCE:

3. F-0002 F1.09-2 (Page 34) DETERMINATION OF INVOICE

QUANTITY

• F.O.B. destination Tank Wagon:

– Meter shall be used to determine quantity at time of delivery

– Quantity shall be read directly from the meter

• F.O.B. destination by tank truck or truck and trailer shall be determined in order of preference:

– Calibrated meter on receiving tank system

– Calibrated meter on the conveyance

– Weight using calibrated scales at the receiving location

– Loading rack meter ticket, must be generated at time of loading and be based on a calibrated loading rack meter.

4. F-0003 F3 (Page 36) TRANSPORT TRUCK AND/OR TRUCK AND

TRAILER FREE TIME AND DETENTION RATES (PC&S)

• Receiving activity shall designate tank(s) where load(s) will be discharged

• Contractor shall be paid detention beyond free time for delays caused by Government (minimum one hour )

5. F-0004 F3.03 (Page 36) NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA Energy APR 2005)

• Contractor does not utilize transportation companies that have been debarred or suspended

• Substitution of a new transportation company is subject to review by the Contracting Officer

• Contractor changes transporters after award Contractor shall provide the Contracting Officer with the information on alternative or new transportation company(ies) being utilized in the transportation of supplies under this contract

– Name, Address, Phone Number, Email, and State(s)

6. F-0005 F4 DELIVERY AND ORDER PERIOD (Page 37) (DLA Energy JUN 2002)

• Ordering Period Begins: 10/01/2013 and ends 09/30/2016

• Delivery Period begins: 48 hours after ordering period begins and ends 10/31/2016

7. F-0006 F20 (Page 37) AUTOMATIC FILL-UP PROVISIONS (DLA Energy JAN 2012)

• Ordering Officer shall furnish contractor with the following:

– A map or other written information indicating location and capacity of each receiving tank

– A record of deliveries to each tank during previous heating season

– A description of any restricted area and special procedures to be followed

• Contractor’s delivery equipment will be permitted access to areas where deliveries are to be made between the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, unless otherwise identified in the individual delivery narratives.

• Contractor shall establish and maintain a delivery schedule which will assure the fuel level in each tank at all times is never less than 30 percent of tank capacity.

• Contractor shall submit an invoice on each item for no more or less than the total daily delivered quantity at a particular activity.

• Each invoice submitted to the Government for “Automatic Fill-Up” deliveries shall be accompanied by a record of the quantity delivered into each individual tank during the period covered by the invoice.

8. F-0007 F20.02 (Page 37) AUTOMATIC FILL-UP PROVISIONS (PORTS INTERNET APPLICATION) (DLA Energy JAN 2012)

• Same as Local Provision F20, except:

• The Contractor shall prepare a DD Form 250 through PORTS in place of a submitted invoice.

SECTION G-CONTRACT

ADMINISTRATION DATA

• G-0003 G150.03-1 (Page 41) PAPERLESS ORDERING AND

RECEIPT TRANSACTION SCREENS (PORTS) INTERNET

APPLICATION (DLA Energy JAN 2012)

CONTRACTOR PASSWORD

1.Contractor shall use PORTS internal application to access electronically signed SF 1449 for transmitting receipt documents to the Activity and invoices to the payment office.

2.To gain PORTS access and receive email notifications, the Contractor must furnish to DLA Energy Contracting Officer the following:

-List of names -Email address(s) -Phone and facsimile numbers

3.Contractor personnel must register in the Account Management and Provision System (AMPS) to request AMPS roles.

4. Contractor is required to re-certify in AMPS on annual basis in order to maintain PORTS access and email notifications.

PREPARATION AND TRANSMISSION OF ORDERS AND CALLS AGAINST ORDERS

1. Government may issue order for a specific delivery, or a series of deliveries

2. Orders, and calls against orders may be issued orally or in writing a)For oral orders:

• An oral delivery order is considered issued by the Government when it is verbally assigned a delivery order number.

•Ordering Office/Officer must issue via PORTS an electronically signed SF 1449 within 24 hours or one (1) business day after issuance of oral order.

•Contractor’s non-receipt of written or electronic confirmation of an oral order does not relieve contractor from obligation to perform in accordance with the oral order.

•If problems are experience with receipt of electronic or written confirmation, Contractor should contact DLA Energy Contracting Officer.

COMMERCIAL RECEIPTS

1. Contractor shall provide a commercial receipt (i.e. bill of lading, metered ticket, or delivery ticket) upon completing delivery.

2. The following information shall be stated on the commercial receipt:

• Item number

• Order number

• Type of fuel delivered

• Date of the delivery into the Government’s tank(s)

• Delivered quantity

• Tank identifier determined by the base

• Any other required information specified in the narrative of the Schedule for the item

3. Contractor will maintain all signed receipt as evidence of delivery and will provide them to the Government upon request.

PREPARATION AND TRANSMISSION OF THE MATERIAL INSPECTION AND RECEIVING

REPORT (DD FORM 250)/INVOICE

1. Contractor shall prepare and furnish to Government, a Material Inspection and Receiving Report at the time of each delivery.

2. Contractor (or its designee) shall enter information from commercial receipt(s) into contract-specific web pages for generation of the DD Form 250.

3. Upon completion of DD Form 250, the Contractor (or designee)will key the submission for processing. This triggers two actions:

• An email to the Activity for approval.

• An electronic submission to the payment office and Contractor notification of that invoice submission.

AIR FORCE ONLY

1. Government’s Authorized Representative will either:

• Verify invoiced amount and return an email confirmation of the quantity invoiced.

• Dispute quantity invoiced.

– Contractor must submit revised DD Form 250 to Activity within 24 hours or one (1) business day of Activity’s notification.

OTHER DoD ONLY

1. Government’s Authorized Representative will either:

a) Approve or accept DD Form 250 by electronic signature and submit document via PORTS Internet application to payment office.

b) Reject DD Form 250, advising Contractor by email of reason for rejection.

•Contractor must submit revised DD Form 250 to activity (and payment office) via PORTS within 24 hours or one (1) business day of Activity’s rejection notification.

REQUIRED USE OF PORTS INTERNET APPLICATION

1. Use of PORTS is required except in the following cases:

•Detention •Demurrage Contractor will submit invoices directly to the Activity receiving the product.

2.In the event there is an interruption of PORTS service, fax/paper invoices may be submitted to DFAS Columbus only after the Contractor has contacted the DLA Energy Contracting Officer.

PAYMENT

1. Payment terms for an invoice received via PORTS by the payment office will be net 30 days from the date of receipt of a proper invoice.

2. Payment terms for invoices received other than via PORTS will also be net 30 days from receipt of a proper invoice unless a discount is offered and accepted by the payment office.

SECTION I-CONTRACT

CLAUSES

Termination for Cause FAR 52.212-4 paragraph (o)

• Excusable Delay/Non-Performance

– Acts of God/Public Enemy

– Strikes/Freight Embargoes/Epidemics

– Unusually Severe Weather/Floods

• Non-Excusable Delay/Non-Performance

– Trucking Company started late and no fuel allocation

– Didn’t know where to deliver

– Couldn’t get in the gate

1. I-0002 I11.01-2 (Page 64) ADMINISTRATIVE COST OF TERMINATION FOR CAUSE-COMMERCIAL ITEMS (DLA Energy FEB 1996)

• $500.00 Administrative Processing Fee

• Excess Re-procurement Costs

FAR 49.402-6(c) & 7 (b)

• Difference between the price of fuel on contract and the cost for the emergency purchase of fuel

• Liquidated Damages (if any)

• Contractor Performance Assessment Reporting System (CPARS)

2. I-0007 I86 (Page 66) PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA Energy FEB 2009)

• Flow-Down Clause to subcontractors

– EPA Violations

– Claims

3. I-0009 I209.09 (Page 66) EXTENSION PROVISIONS (DLA Energy

APR 2006)

• 30 day notice-unilateral modification

• Less than 30 day notice-bilateral agreement

• Unilateral right of the Government to ensure continued coverage

• Same terms and conditions

• Up to 6 months

Contractor Performance Assessment Reporting System

• Web-based system used to input data on contractor performance

– http://www.cpars.gov/

• Contractor performance assessment reports (CPARS) will be used as an aid in awarding contracts to contractors that consistently provide quality, on-time products and services that conform to contractual requirements.

• CPARS is an annual requirement

• Once the data is input to the CPARS system, this data is then uploaded to the Past Performance Information Retrieval System (PPIRS) database https://www.ppirs.gov/

DIRECT DELIVERY FUELS

DOMESTIC

QUESTIONS/

THANK YOU FOR ATTENDING

• Contact Information:

– Georgia Dotson, Contracting Officer

– Email: Georiga.Dotson@dla.mil

– Telephone: 703-767-8460

– Theodore H. Jones Jr., Division Chief

– Email: Theodore.Jones@dla.mil

– Telephone: 703-767-8724 mailto:Georiga.Dotson@dla.mil mailto:Theodore.Jones@dla.mil