PWS_13-R-0506_FINAL.pdf

SECTION C

PERFORMANCE WORK STATEMENT (PWS)

FOR

CONTRACTOR-OWNED, CONTRACTOR-

OPERATED (COCO) FUEL OPERATIONS AT

JRTC & FORT POLK, LOUISIANA

TABLE OF CONTENTS

SECTION

GENERAL

PAGE C- 1.0

C-1.1 Requirements 3 C-1.2 Mission Statement 3 C-1.3 Contract Performance 3 C-1.4 Hours of Operations 3 C-1.5 Personnel Qualifications 4 C-1.6 Notification of Correspondence and Visits 4 C-1.7 Uniforms, Clothing, Safety Equipment 4

C-2.0 FUELS MANAGEMENT PERFORMANCE REQUIREMNETS 4

C-2.1 Inventory 4 C-2.2 Fuel Operations 5 C-2.2.1 Product Receipts 5 C-2.2.2 Bulk Product Issues 5 C-2.2.2.1 Automated Dispensing System Key Management 5 C-2.3 Product Quality 6 C-2.4 Environmental Compliance 6

C-3.0 FUEL DISTRIBUTION FACILITY 6

C-3.1 Facility Requirements 6 C-3.2 Estimated Throughput 8 C-3.3 Dispensing Requirements 8

C-4.0 DELIVERABLES 8

C-4.1 Service Provider Plans 8 C-4.2 Contract Compliance Plan (CCP) 8 C-4.3 Product Quality Control Plan 9 C-4.4 Safety Plan 9 C-4.5 Security Plan 9 C-4.6 Training Plan 9 C-4.7 Environmental Compliance and Spill Control 9 C-4.8 Inventory/Accountability Plan 10

C-5.0 MAINTENANCE SUPPORT 10

C-5.1 Storage tanks Cleaning 10

C-6.0 LOGISTICAL SUPPORT 10

C-6.1 CLIN 0001 MUCC 10

C-6.2 CLIN 0002 Overtime 10

C-7.0 COMPLIANCE REQUIREMENTS 11

C-7.1 Applicable Directives 11

APPENDIX A: APPLICABLE DIRECTIVES

APPENDIX B: ABBREVIATIONS/ACRONYMS

APPENDIX C: PERFORMANCE REQUIREMENT SUMMARY TABLE

C-1.0 GENERAL

C-1.1 Requirements

This Performance Work Statement (PWS) is the Government’s contracted requirement for COCO operations at Fort Polk, Louisiana. The Service Provider (SP) will provide fuel delivery services as described below at one specified location on Fort Polk using best commercial standards. The SP shall be responsible for and furnish as required all personnel, equipment, material and/or facilities necessary for providing these services. With the exception of the BSM-E software and Internet, no other Government equipment or facilities will be provided to the SP who shall be completely responsible at their expense for installation, operation and maintenance of the facilities used to meet the performance requirements for Fort Polk.

C-1.2 Mission Statement

The Service Provider shall perform Fuel Operations, Support Operations, and Management and Administration pertaining to the receipt, storage, handling, and issue of capitalized fuel products while maintaining product quality and inventory accountability.

C-1.3 Contract Performance

The SP shall perform all fuels management and specific tasks listed in Sections 2.0 and 3.0, respectively in accordance with best commercial standards and industry practices unless otherwise stated. The SP shall submit performance based plans listed in Section 4.0 which shall provide assurance that the SP will meet all performance requirements outlined. The SP will comply with all specified and applicable federal, state and local laws, regulations, guidelines, Executive Orders, and Directives. Compliance costs will be included in the SPs proposal under CLIN 0001. Except as may be specified herein, the SP is responsible obtaining copies of all applicable laws, regulations, and guidelines, including future changes.

C-1.4 Hours of Operations

C-1.4.1 All bulk loading operations shall be supervised by the SP.

FUNCTION NORMAL

Weekdays

NORMAL

Weekends & Holidays

During JRTC Rotations 7 days/week

BULK 0730-1930 * 2 hr notice (C-1.4.3) 0730-1930

RETAIL DISPENSING 24/7 24/7 24/7

C-1.4.2 Staffing: The SP shall provide all manpower required to provide the contracted services during the hours described in C-1.4 above. The SP will provide a plan on how he intends to staff normal operations, JRTC rotations, and possible deployments as part of his proposal. The SP will be reimbursed for increased manhours during deployments and other unscheduled surges using CLIN 0002. The SP will not be reimbursed for augmenting the normal manpower during scheduled JRTC rotations. These costs will be calculated into the Monthly Use Charge (CLIN 0001 MUCC) in the proposal based on the information below.

JRTC Rotation info 10 per year 12 days in duration

C-1.4.3 SP shall respond to emergencies within 2 hours of COR notification. The SP must provide an individual who can be contacted at any time for matters pertaining to the fuels retail facility. His contact information must be provided to the COR and contract officer when contract performance begins and will be updated when necessary.

C-1.5 Personnel Qualifications

The SP shall ensure that personnel assigned to all tasks have the requisite knowledge and skills to meet minimum performance requirements and comply with all applicable laws and regulations. They shall be able to read and understand English to the extent of reading and understanding printed regulations, detailed written orders and operating procedures, training instructions and materials, and shall be able to compose reports which convey complete information. Alcohol and Drug testing is required for all SP personnel.

C-1.5.1 Suitability Investigations: SP personnel shall successfully complete a background investigation which includes, as a minimum, a National Agency Check (NAC), before operating a computer workstation that has access to a government server. These investigations shall be submitted by the government at no additional cost to the SP.

The SP is responsible for submitting documentation to the appropriate government office for applicable employees and shall comply with the DOD 5200.2-R, Personnel Security Program.

C-1.5.2 Unescorted Entry to Restricted Areas: When the SP employees require unescorted entry to restricted areas, the Army shall submit NAC investigations for SP employees at no additional cost to the SP. SP personnel shall successfully complete a NAC investigation to obtain unescorted entry to a restricted area. The SP is responsible for submitting documentation to the appropriate government office for applicable employees and shall comply with DOD 5200.2-R.

C-1.6 Notification of Correspondence and Visits

The SP shall immediately provide the Contracting Officer (CO) and COR copies of all correspondence and notification of any visits relating to federal, state, or local officials or agencies and other personnel or SPs that visit the retail fuel facility.

C-1.7 Uniforms, Clothing, Safety Equipment

All contract personnel, including site managers, shall wear a distinctive company uniform in performance of their duties. The SP will provide any required safety equipment for their employees; such as, but not limited to, eye protection, gloves, and required PPE as required by the applicable regulations and directives.

C-2.0 FUELS MANAGEMENT PERFORMANCE REQUIREMENTS

C-2.1 Inventory

The SP shall account for fuel according to DLA Energy Instruction INT I119.04, DoD 4140.25-M “Management of Bulk Petroleum Products, Natural Gas, and Coal,” the DoD System of Record, and other applicable DLA Energy policies and procedures. DLA Energy Policies are online at https://www.us.army.mil/suite/page/656231

The SP shall be responsible for and perform all fuels inventory, accounting and administrative functions using Fuels Manager Defense® (FMD) and BSM-E software provided by the government. The SP will provide computer hardware in compliance with INT I119.04. Internet will be provided by the government. The SP will reconcile all inventory transactions monthly within 2 days after the last day of the month. The SP shall process the required documentation for server access; as well as meet all Fort Polk requirements for access to the DoD server.

http://www.us.army.mil/suite/page/656231

The SP shall be responsible for determining reorder cycles and ensuring that adequate stocks are on hand to fully support mission requirements. The SP will coordinate with the Army Petroleum Center and DLA Energy-AME Americas East Region Office to re-order fuel as needed using PORTS® and/or the Post, Camp & Station ordering system, as required. The SP will coordinate with the DLA Energy Region Office for issues involving inventory and accountability.

C-2.2 Fuel Operations

The SP shall be responsible for government-owned petroleum product in accordance with INT I116 and I119.04.

Retail dispensing will be provided for refueling of ground equipment including JP-8, Ultra low sulfur diesel, Unleaded gasoline, B20 and E85. Bulk dispensing will be provided for JP8 and ULSD. Fuel operations at the bulk and retail fuel facility must be safely and efficiently conducted to receive, store, and issue petroleum products with appropriate controls to ensure adequate fuel quality, inventory accuracy and environmental compliance in accordance with DLA Energy guidance, the highest industry standard, and best commercial practice.

C-2.2.1 Product Receipts: The SP shall receive all fuel via commercial fuel tanker trucks without causing operational delays or traffic congestion. The SP will order fuel using Ground Paperless Ordering and Receipt Transaction Screens (PORTS®). The SP shall immediately notify the DLA Energy Region office of any inventory/quantity discrepancies or the DLA Energy QAR and Army Petroleum Center(APC) of any quality discrepancies. All incoming product shall be sampled in accordance with the most current version of MIL STD 3004. Quantity determination shall be performed as outlined in DLA Energy DODM 4140.25 Interim Policy P-2 and API Manual of Petroleum Measurement Standards (MPMS). The SP shall accomplish and submit all appropriate documentation to the DLA Energy Region Office. The SP shall not receive and dispense fuel from the same tank simultaneously.

C-2.2.2 Bulk Product Issues: The Contractor shall have the ability to dispense bulk fuel to all types of commercial and military mobile refuelers (i.e. R-11’s, HEMTTs, M969, etc.). All bulk transactions shall be supervised by the SP to ensure safety and prevent spills. Except for scheduled maintenance, and other occurrences of which the COR has been notified, the SP shall be capable of bulk issuing JP8 and ULSD in accordance with paragraph C-1.4 above.

The SP shall issue product without causing operational delays and ensure that all product is on specification. The SP shall immediately notify the COR and Contract Officer of any situation that may result in the inability to issue product.

C-2.2.2.1 Automated Dispensing System Key Management (FuelMaster): Fort Polk COR shall provide the SP with a complete data list of vehicles and equipment authorized key access to automated fuel dispensing facilities. The list shall include all information required for the SP’s input to the FuelMaster database. The Automated facility shall consist of latest version of DOD standard source data collection equipment (Fuel Master) and shall be designed to interface all receipts, retail issues and accounting transactions to Fuels Manager Defense (FMD).

The SP shall be responsible for receiving maintaining, issuing, reprogramming and revoking keys as requested in writing from the Fort Polk COR and in accordance with DLA Energy Interim Policy P-5. The SP shall issue replacement keys within two working days after receiving the written request from the COR, and the same day for emergencies as directed by the COR. Request for replacement keys shall be verified by signature of the

COR.

The SP shall maintain fuel key databases as necessary to provide all reports required by the contract, including but not limited to, customer account numbers, responsible office for keycard holders, keycard serial numbers, and other key/card information. The SP shall provide required reports as prescribed by the Contract Officer.

C-2.3 Product Quality

Quality control will be performed in accordance with the most current version of MIL STD 3004 and those additional tests listed below. No petroleum product shall be received or issued until product quality determinations have confirmed conformance with specifications. The SP shall ship those requiring analysis to the Army fuels laboratory in New Cumberland, PA. Samples shall be shipped within 72 hours of being drawn.

Additional Tests: Frequency Aqua-Glow/Water Daily Filter Effectiveness Every 30 Days Visual Inspection/API Gravity Every Receipt Receipt Sample – 1 Gallon All Level 7 Random Samples Annually Storage Tank- 1 Gallon All Levels Semi-annually Storage Tank- 1 Gallon Bottom Annual

The COR, APC and DLA Energy QAR shall be notified immediately of any suspected fuel quality issues prior to fuel receipts, transfers or issues. Product will be re-circulated daily through dispensing system to ensure lines are flushed. The SP shall take retention samples when directed by the Contract Officer. Samples representing receipts of capitalized products shall be properly marked by the SP as to product, source, and date taken for retention as determined by the COR.

C-2.4 Environmental Compliance

The Contractor shall submit to federal and state work site environmental regulatory compliance audits, inspections and/or investigations into non-compliances, and fully cooperate with such inspections/investigations by providing facility access, and all records and documentation requested. The contractor will comply with all directives of the permitting environmental office and will fully cooperate with environmental regulators from that office. The contractor will cooperate with Army and Installation Environmental Offices as required in the lease agreement, the Memorandum of Agreement between DLA Energy and Ft Polk, and as directed by the Contract Officer.

The Contractor shall immediately correct any nonconformance and/or noncompliance with applicable federal, state or local environmental laws and regulations and will report to the permitting environmental office, COR and Ft Polk Environmental Division any reason for delay or inability to correct.

C-3.0 FUEL DISTRIBUTION FACILITY

C-3.1 Facility Requirements

C-3.1.1 The contractor will have the capability to store 400,000 gallons of JP8 and 25,000 gallons of ULSD for bulk issues (truck rack) and the capability to store an estimated 50,000 gallons of JP-8, 20,000 gallons of ultra- low sulfur diesel, 12,000 gallons of MOGAS unleaded gasoline, 12,000 gallons E85, and 12,000 gallons of B20 biodiesel for retail issues (gas pumps), based on known and projected mission requirements. The SP shall perform all operations from the COCO facility to include contractor’s utility vehicles operations and maintenance. The Government will provide land free of contamination for the contractor’s facility and utility stub out to the facility perimeter.

C-3.1.2 The SP shall provide all manpower, equipment, and material resources as necessary to provide these services. No Government facilities are available for use at this location. All facilities, equipment or materials furnished by the SP shall be suitable for the intended petroleum products. The SP’s technical proposal will identify the type of material that will be used throughout the fuel distribution system.

C-3.1.3 All tanks and facilities used to provide the services shall meet the requirements of the current Unified Facilities Code (UFC), American Petroleum Institute (API) Standards, National Fire Protection Association (NFPA) Codes, National Electric Codes, and all local, (to include Fort Polk Technical Design Guide), state, federal laws (including but not limited to 40 CFR 280, 281 and 112) and regulations applicable to tanks and facilities of the type utilized and listed in Appendix A. These facilities shall meet best commercial standards with components and fixtures that allow proper service interface with military tactical and non-tactical vehicles and equipment.

C-3.1.4 The SP shall be responsible for obtaining all permits necessary for operating, and constructing these facilities, including, but not limited to hot work permits, dig permits, tank registrations, air emission permits, erosion and sediment control, underground injection control or sanitary permits, storm water discharge, and aboveground storage tanks when required. The SP shall be responsible for obtaining all inspections by state and local authorities addressing fire and electrical codes prior to operation. A copy of all environmental permits when issued new or upon update will be provided to the Fort Polk Directorate of Public Works, Environmental Division.

C-3.1.5 SP will coordinate with state and local fire authorities to address fire and electrical codes. Fire Alarm and Suppression systems will be approved and accessible by the Ft. Polk Fire Department.

C-3.1.6 Retail dispensing pumps shall be equipped with in-line filters capable of sediment removal to 10 mg/1 or less and water removal to 10 ppm or less. Filters will be replaced in accordance with manufacturer’s recommendations and as needed.

C-3.1.7 Bulk dispensing of JP8 (aviation) shall be equipped with filter separators that meets API 1581. JP8 shall be maintained to aviation quality standards in accordance with MIL STD 3004 and paragraph C-2.5.

C-3.1.8 Facilities shall be equipped to provide air and water for vehicle servicing.

C-3.1.9 The bulk and retail pump dispensing areas shall be provided with a weather canopy and lighting. The retail/bulk dispensing area, canopy, and tarmac area lighting shall be configured with Energy Efficient Lighting for 24-hour operations.

C-3.1.10 The SP shall provide weekly project status reports during construction to the KO, DLA Energy Program Manager and COR throughout construction and prior to the start of performance.

C-3.1.11 The facility shall provide for safe access and exit and a safe and marked traffic pattern within the facility.

Traffic flow pattern to and from the facility shall be provided by the installation during the pre- solicitation conference.

C-3.1.12 Top and bottom bulk loading is required for JP-8 and diesel with four (only one top load capable) bulk loading points for aviation grade JP-8 and a single bulk loading point for Diesel. Top loading will only be conducted when Commander’s approval has been provided in writing. Bulk loading shall only be performed under the SP’s supervision. Facility must be capable of simultaneous loading.

C-3.1.13 The SP shall ensure all fuel control meters are calibrated annually.

C-3.1.14 The SP shall provide an auxiliary power source with automatic switch gear to enable the facility to be operational 24 hours per day during power outage and emergency situations. The power source will be tested monthly under full operating conditions.

C-3.1.15 Utility tie-in points will be provided by installation near the perimeter of the proposed site. The installation will provide for utilities. The SP is responsible for installation of all utility infra-structure within the perimeter of the site.

C-3.1.16 The facility will have security fencing in accordance with the Installation Design Guide and UFC preventing access to the above ground tanks and pipeline manifolds which will provide adequate anti-terrorism protection.

C-3.2 Estimated Throughput

Retail Dispensing JP8 20,000 gal/mo MOGAS 20,000 gal/mo E85 10,000 gal/mo B20 5,000 gal/mo Diesel 15,000 gal/mo

Bulk Loading JP8 250,000 gal/mo Diesel 10,000 gal/mo

C-3.3 Dispensing Requirements

The SP must have the ability to dispense (retail) fuel to a minimum of 50 various combinations of wheeled vehicles and equipment per hour with JP-8, Diesel, Gasoline and E85 through an estimated 14 dispensers configured as follows:

10 Dual Hose Dispensers for JP-8 2 Dual Hose Dispensers for diesel 2 Dual Hose Dispensers for gasoline.

1 Dual Hose Dispenser for E85 1 Dual Hose Dispenser for B20

Vehicle overall dimensions that will use retail islands range from approximately 20’ to 80’ long, 4’ to 20’ wide x 14’ high. Facility drive surface shall be designed to support tactical equipment of approximately 60 tons.

C-4.0 DELIVERABLES

C-4.1 Service Provider Plans

The description of the plans below is guidance and not all inclusive. Plans will comply with applicable guidance and regulatory requirements. 60 days after award, the SP shall provide to the CO the following plans or other accredited documents for review and acceptance unless otherwise specified below:

C-4.2 Contract Compliance Plan (CCP)

The SP is responsible for ensuring compliance with all contract performance requirements. As such, the SP shall develop an inspection system acceptable to the Government for monitoring overall contract performance. The inspection system is to include a written CCP developed and used by the SP to measure performance on a continuous basis. The CCP shall include performance requirements for all of the services and tasks listed in this PWS and the SP’s own performance based plans. General performance criteria shall include the SP’s ability to provide continuous support capabilities as specified in this PWS, record keeping and reporting procedures pertaining to administrative requirements, terminal operations, facility/equipment maintenance, and upkeep and appearance of grounds and facilities under SP control. The CCP shall include time specific checklists for evaluation of all operational and preventive maintenance requirements. The CCP shall address procedures for corrective actions including the resolution of Corrective Action Reports (CAR) and Quality Deficiency Reports (QDR) generated by the COR. The SP shall submit the CCP to the KO for review, coordination with stakeholders, and approval within 60 days after contract award. Any disagreements with the CCP will be resolved at least one level higher than the

KO. The CCP shall be made available for Government review, upon request, at any time during the contract performance period. The CCP may be used by the COR for monitoring and assessing contract performance.

C-4.3 Product Quality Control Plan

The plan shall describe how the Service Provider 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 detailed procedures, who, what, when, how often, for the following operations, as they affect quality control, and an organizational chart that identifies responsible parties for the following operations: Receiving, Blending, Sampling, Testing, Calibration, Storage and Handling, Records and Reports and Corrective Action. Subsequent to contract award, revisions to the Plan shall be submitted to the Contracting Officer within 30 days after the revision is deemed necessary.

C-4.4 Safety Plan

The SP shall comply with all federal Occupational Safety and Health Act (OSHA) requirements and standards as published in the 29 Code of Federal Regulations (CFR). Additionally, the SP will comply with installation safety and health requirements. Personnel, who notice violation of OSHA, AFOSH, or local standards, will notify the COR and the Contract Officer. The Contract Officer alone has the authority to stop all or part of the SP’s work.

No part of the time lost during a stop work order shall be allowed the subject of claim by the SP for time and money compensation. The SP shall not be excused from unsatisfactory performance that may result from a stop work order.

The SP shall establish and maintain a complete Safety Plan. The Plan shall be provided to the Government initially as a part of the offeror’s technical proposal IAW the solicitation. Subsequent to contract award, revisions to the Plan shall be submitted to the Contracting Officer, in two copies, within 30 days after the revision is deemed necessary.

The plan shall include the following areas: Confined Space Entry, Disaster Preparedness, Fire Prevention and Protection, Personal Protective Equipment, Hazardous Waste Operations, Emergency Response, Safety and Health Standards, Hazardous Communications and Lockout/Tagout.

C-4.5 Security Plan

The plan shall identify the staffing and procedures necessary to maintain security and antiterrorist protection. The plan will address at a minimum the means to deter unauthorized access and the method for visitor and entry control with a way to account for each visitor. The SP shall submit the security plan to the CO for review and approval within 60 days after contract award.

C-4.6 Training Plan

The plan shall identify required training of SP employees, frequency of training, length of training, training sources, and a brief description of courses, regarding safety, environmental protection and task specific qualification training.

C-4.7 Environmental Compliance and Spill Control Plan

The SP shall provide an environmental protection plan that meets and complies with the existing installation approved plans and all Federal, State and Local laws, rules and regulations in use at Fort Polk, LA. This plan shall be submitted 60 days after contract award and shall be effective at the start of the contract performance period. The SP's plan shall address oil spills and contingencies, including any spilling, leaking, pumping, pouring, emitting, emptying or dumping into or onto any land or water, spill prevention control, countermeasures, containment, cleanup, disposal and spill reporting procedures to the DLA Energy-AME, COR, Contract Officer and Federal and State officials, if applicable.

C-4.8 Inventory/Accountability Plan

The plan shall describe how the Service Provider intends to perform the required services in order to ensure that all transactions are reported and inventory is accounted for as required during the performance of the contract. The plan shall include detailed procedures, who, what, when, how often, for the following operations, as they affect inventory/accountability, and an organizational chart that identifies responsible parties for the following operations:

Receiving, Quantity Determination, Issuing, Records and Reports and Corrective Action.

Subsequent to contract award, revisions to the Plan shall be submitted to the Contracting Officer within 30 days after the revision is deemed necessary.

C.5.0 MAINTENANCE

The Service Provider shall maintain the fuel systems, e.g., facilities and equipment according to manufacturer specifications, best commercial practices, all state and federal guidelines and directives, and the Maintenance Plan at contractor expense. The facility will be maintained in such a manner that it remains capable of providing all services required on this contract. This may include but not limited to API 653/STI inspections, API 570, API 510, etc. Grass and weeds will be maintained at less than 4 inches at all times. Housekeeping, signs, spot painting and grounds will be maintained to ensure a clean, well-kept, and esthetically pleasing appearance.

The AQL is the Service Provider shall provide the manpower, materials, tools, and equipment to establish and implement a maintenance program. The facilities and equipment in-commission rate shall be at 90% or better with mandatory preventive maintenance conducted in a timely manner and properly recorded. The “in- commission rate” shall be defined in the Maintenance Plan.

C.5.1 Storage Tanks Cleaning

The Service Provider shall empty, inspect, and clean each bulk petroleum storage tank and dispose of all tank bottom waste for each tank covered under this contract. The Service Provider shall transfer remaining product to alternate tanks during tank cleaning. The time for cleaning will be measured from the date of the last cleaning regardless of whether the tank was under contract with the Government. Tanks requiring cleaning will be removed from revenue unless Government owned. Samples will be taken and tested at Government expense. If tank cleaning is required earlier than the criteria listed below and the Government is shown to be responsible, then the Government will incur cleaning, sampling, and testing costs. Tanks shall be cleaned in accordance with INT E18.

C-6.0 LOGISTICAL SUPPORT

C-6.1 CLIN 0001 Monthly Use Charge (MUCC): All costs for providing the services required under this contract, except those specified below, will be included in the Service Providers offer and will be included in the monthly usage charge.

C-6.2 CLIN 0002 Overtime/Augmentation:

The SP will be reimbursed for the direct cost plus allowable and allocable fringe benefits and payroll taxes of overtime worked by the SP’s employees with the following additional approval restrictions:

The following procedures shall apply:

The SP shall not work overtime nor shall be reimbursed without prior approval of the DLA Energy Contract Officer.

Additional man-hours required during JRTC rotations should be calculated into the proposal under CLIN 0001. If the SP works overtime pursuant to Clause I400.06 (F), the SP shall notify the CO/COR of the emergency. Overtime information shall include, but not be limited to, the following:

Number of overtime hours worked by position/employee. Total number of overtime hours worked.

Direct labor costs plus fringe benefits and payroll taxed per hour for each labor category. Total estimated cost of overtime labor.

The SP will not be reimbursed for overtime expenses for emergency repairs or cleanup when those emergencies resulted from the fault, negligence, bad faith or misconduct of the SP, its employees or agents.

C-7.0 COMPLIANCE REQUIREMENTS

C-7.1 Applicable Directives

The Service Provider 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. Appendix A provides a list of directives and other guidance that are applicable to the performance of this contract. The list is not all inclusive. In the event of conflicting guidance, contact the CO and/or the COR for clarification.

APPENDIX A

APPLICABLE DIRECTIVES

This list is not all-inclusive and is only intended to call the SP’s attention to certain potentially applicable requirements. This list may change over time or vary according to the location of the terminal facility. The SP remains responsible for knowing and complying with all applicable federal, state, and local laws and regulations throughout the term of this contract

Federal Acquisition Regulation DoD 4140.25-M, DoD Management of Bulk Petroleum Products, Natural Gas, and Coal DoD 4140.25-M, DESC Interim Guidance DoD 4140.25, DoD Management Policy for Energy Commodities and Related Services DoD 4170.11, Installation Energy Management Fuels, Lubricants, and Related Products DoD 5202.1, DoD Executive Agent DoD 5101.8, Department of Defense (DoD) Executive Agent (EA) for Bulk Petroleum Guidebook for Performance-Based Services Acquisition (PBSA) MIL-HDBK-201B, Notice 1, Petroleum Operation MIL-STD-161, Military Standard Identification Methods for Bulk Petroleum Products Systems MIL-STD- 3004 (most current version), DoD Standard Practice Quality Surveillance for Fuels, Lubricants and Related Products 29 CFR 1910.120, Hazardous Waste Operations and Emergency Response 29 CFR 1910.132, Personal Protective Equipment 29 CFR 1910.134, Respiratory Protection Program 29 CFR 1910.146, Confined Space Entry 29 CFR 1919.147, Energized Equipment, Lockout/Tagout 29 CFR 1910.1025 Toxic Substances - Lead 29 CFR 1910.1200, Hazardous Communication Program 29 CFR 1904, Reporting of Occupational Injuries and Illnesses 29 CFR 1925, Safety & Health Standards for Federal Service Contracts 33 CFR 154, Oil Pollution Prevention Operations Manual 40 CFR 112, Oil Pollution Prevention 40 CFR 122, NPDES Permit Plan 40 CFR 260-268, EPA Hazardous Waste Management System Plan (2nd link) 40 CFR 280, Underground Storage Tanks 41 CFR 50-204, Safety & Health Standards for Federal Supply Contracts 49 CFR 171, Hazardous Materials Regulations 49 CFR 172, Hazardous Materials Regulations 49 CFR 195 (Pipeline Safety – Where Applicable) Oil Pollution Act of 1990 National Fire Protection Association (NFPA)/Uniform Fire Code (UF) NFPA 30, Flammable and Combustible Liquids Code Fort Polk Installation Design Guide Unified Facilities Criteria (UFC), UFC 3-460-01, Petroleum Fuel Facilities UFC 3-460-03F, Operation and Maintenance: Maintenance of Petroleum Systems API 510, Pressure Vessel Inspection Code: Maintenance Inspection, Rating, Repair, and Alteration API 570, Pipeline Inspection Code API 620, Design and Construction of Large, Welded, Low-Pressure Storage Tanks API 650, Welded Steel Tanks for Oil Storage API 653, Tank Inspection, Repair, Alteration and Reconstruction API 2610, Design, Construction, Operation, Maintenance, and Inspection of Terminal & Inspection of Terminal & Tank Facilities API Manual of Petroleum Measurement Standards (MPMS) Chapter 3, Method of Gauging Petroleum Products API MPMS Chapter 4, Proving Systems API MPMS Chapter 5, Metering API MPMS Chapter 7, Methods of Measuring the Temperature of Petroleum Products API MPMS Standards Chapter 8, Sampling

API MPMS Chapter 9, Section 1 Density Determination API MPMS Chapter 11.1, Vol Correction Factors API MPMS Chapter 12, Calculation of Petroleum Quantities, Section1 – Calculation of Static Petroleum Quantities, Part 1 – Upright Cylindrical Tanks and Marine Vessels API MPMS Chapter 17 Marine Measurement, All Sections

APPENDIX B

ABBREVIATIONS AND ACRONYMS

API – American Petroleum Institute AQL - Acceptable Quality Level ASTM - American Society for Testing Materials BSM-E - Business System Modernization – Energy CFR - Code of Federal Regulations COR - Contracting Officer's Representative COTR - Contracting Officer's Technical Representative CQAP - Contract Quality Assurance Plan DESC - Defense Energy Support Center DFAMS - Defense Fuels Automated Management System DFSP - Defense Fuel Support Point DLA - Defense Logistics Agency DoD - Department of Defense DoL - Department of Labor DoT - Department of Transportation EPA - Environmental Protection Agency FES - Fuels Enterprise Server GFE - Government Furnished Equipment IAW - In Accordance With MIS - Management Information System NOV - Notice of Violation OSHA - Occupational Safety and Health Administration PQCP - Product Quality Control Plan PWS - Performance Work Statement QAR - Quality Assurance Representative TOS - Terminal Operation Service UFC - Unified Facility Criteria SP - Service Provider

APPENDIX C

PERFORMANCE REQUIREMENT SUMMARY TABLE

This Summary will be Used by the US Government Representative and Contracting Officer to assess performance.

TASK PERFORMANCE STANDARD ACCEPTABLE

QUALITY LEVEL

SURVEILLANCE

MEASURE

PERFORMANCE

MEASURE

INCENTIVE

Receive Fuel At all times safely, without causing delay, interruption or demurrage.

This applies to response times for duty hours, non-duty hours and extended surge operations.

100% of receipt requirements fulfilled on time.

Periodic observation of ops and sampling of reports and customer satisfaction data. QAR input.

Customer feedback, US Government surveillance and demurrage.

(See note 1)

(See note 3)

Store and Handle Fuel

At all times safely maintain product quantity, integrity and availability to meet the intended use. Shall maintain storage facilities, and stock levels.

100% of inventory goals achieved within allowable stock levels.

Periodic observation of ops and sampling of reports and customer satisfaction data. QAR input.

100% DoD System of Record compliant.

(See note 1)

(See Note 3)

Issue Fuel At all times safely, without causing delay, interruption or demurrage.

This applies to response times for duty hours, non-duty hours and extended surge operations.

100% of issue requirements fulfilled on time and within allowable stock levels.

Periodic observation of ops and sampling of reports and customer satisfaction data. QAR input.

Customer feedback, US Government surveillance and demurrage.

(See note 1)

(See note 3)

Ensure Fuel Quality

At all times safely ensure fuel quality according to the applicable product specs. and the Product Quality Control Plan.

100% on specification. Periodic sampling and review of lab reports.

Lab test reports.

Quality Deficiency Reports (QDRs).

QAR visits.

(See note 1)

TASK PERFORMANCE

STANDARD

ACCEPTABLE QUALITY

LEVEL

SURVEILLANCE

MEASURE

PERFORMANCE

MEASURE

INCENTIVE

Account for Fuel

Account for product according to DoD 4140.25-M, DoD System of Record and other applicable policies and procedures.

100% inventories in tolerance. 100% timeliness.

100% of daily transactions posted on time. No account transactions out of tolerance.

100% of accounts reconciled by the 15th of each month.

Monthly sampling and review of reports and System of Record.

Auditable DoD System of Record (See note 1)

(See note 3)

Ensure Safety Ensure safety in all operations according to the Safety Plan.

No lost time due to injury or accidents. No accidents causing physical damage greater than $100.

Monthly review of safety records and accident/incident reports.

Number of preventable safety accidents/incidents.

(See note 1)

(See note 3)

Provide Security

According to the Security Plan, provide for security and antiterrorist protection for the workforce and US Government Property (fuel products, facilities, equipment, information systems) required for contract performance.

No security violations that result in loss of product, property or unauthorized access. Three minor violations of security regulations allowed during the assessment period.

Monthly review according to the Security Plan.

Number of security violations. Number of information system violations. Number of antiterrorist violations.

(See note 1)

(See note 3)

Ensure Environmental Compliance

Follow the Environmental Compliance and Spill Control Plan(s).

No NOV environmental violations or noncompliance.

Monthly review of environmental records

Number of NOVs and noncompliance violations.

TASK PERFORMANCE

STANDARD

ACCEPTABLE QUALITY LEVEL SURVEILLANCE

MEASURE

PERFORMANCE

MEASURE

INCENTIVE

Perform Maintenance

Maintain the fuel systems, e.g. facilities and equipment according to manufacturers’ specifications, best commercial practices and the Maintenance Plan.

The Service Provider shall provide the manpower, materials, tools and equipment to establish and implement a maintenance program. The facilities and equipment in commission rate shall be at 90% or better, with preventive maintenance conducted in a timely manner and properly recorded.

The “in-commission rate” shall be defined in the Maintenance Plan.

Monthly review of maintenance reports, and periodic visual inspections.

Number of opened, scheduled or programmed projects.

(See note 1)

(See note 3) (See note 4)

Provide Automation

The Service Provider shall connect to and use the DoD System of Record for fuels inventory, accounting and administrative functions according to DoD 4140.25-M and other applicable guidance, unless otherwise agreed upon. This action needs to commence prior to the actual operational start date.

No deviation to the DoD System of Record requirement of 90% or greater system up-time.

Monthly review of ledger.

Number of days for account reconciliation. (See note 1)

(See note 4)

TASK PERFORMANCE STANDARD ACCEPTABLE

QUALITY

LEVEL

SURVEILLANCE

MEASURE

PERFORMANCE

MEASURE

INCENTIVE

Provide Plans The Service Provider shall have plans that meet applicable statutory and regulatory requirements.

Other accredited documentation, as agreed to by the Government, to assess fuel operations and support capabilities (e.g. international certifications, certificates or licenses to operate) are authorized. The plans or other documentation, and any changes, must be acceptable to the Government and kept current at all times for the duration of the contract. The plans included:

· Operations & Staffing

· Contract Quality Assurance

· Product Quality Control

· Safety

· Security

· Environmental Compliance and Spill Control

· Maintenance

· Training

100% of plans or other accredited documentation is provided to and accepted by the Government within the specified timeframe. They are kept current for the duration of this contract.

Periodic review of plans and as required by each type of plan.

100% acceptable plans delivered and kept current.

TASK PERFORMANCE STANDARD ACCEPTABLE QUALITY

LEVEL

SURVEILLANCE

MEASURE

PERFORMANCE

MEASURE

INCENTIVE

Ensure Data Management Related to Quality of Service

Unless exempted by law, the Service Provider, when requested by the Government, shall promptly provide to the Government all records (electronic and otherwise) related to operations and staffing, contract quality assurance, product quality control, safety, security, environmental compliance and spill control, maintenance, training and property management.

100% of records provided as requested.

Monthly review of Quality of Service (QOS) data.

Service Provider fully complies with US Government requests.

(See note 3)

Train Employees

Workforce successfully completed, or scheduled for job specific and mandatory training required by statutory and regulatory requirements and receives the requisite certifications and licenses.

100% of statutory and regulatory certifications and licenses received and current. 100% of employees successfully completed or scheduled in a timely manner for job specific and mandatory training.

Periodic sampling of training, certification and licensure records

100% of statutory and regulatory training requirements are met.

(See note 3)

Provide Property Management

(Insert terminal specific requirements)

(Insert specific standard) (Insert terminal specific measure)

(Insert terminal specific performance measure)

(Insert terminal specific incentive)

Note 1: Financial liability assigner for failure to adhere to contract terms unless the failure is beyond the control and without the fault or negligence of the Service Provider.

Note 2: The methodology will be defined in the CQAP, to include the definition of the level of impact.

Note 3: If the standard is not met, from 2-5% of monthly contract cost is charged against the Service

Provider, the estimated level of impact will be into the monthly contract cost penalty.

Note 4: I the standard is exceeded, from 2-5% of monthly contract cost is credited to the Service Provider according to the level exceeding the standard.

Note 5: The incentive is zero.