Attachment_1_Offeror_Submission_Package 1 .pdf

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COCO - Defense Fuel Support Point
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OFFEROR SUBMISSION PACKAGE

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Cover Sheet Attachment 1, OSP

SP0600-13-R-0519

(within 50 mile radius of Tuscaloosa, AL (includes Moundville))

OFFEROR SUBMISSION

PACKAGE

COCO STORAGE SERVICES

MOUNDVILLE, AL

SOLICITATION

TO BE TIMELY, OFFERS MUST BE RECEIVED AT DLA ENERGY

BY

SEPTEMBER 13, 2013 NOT LATER THAN 9:00 AM, LOCAL TIME, FT. BELVOIR, VA

INSTRUCTIONS:

1. The original and one (1) copy of this Offeror Submission Package must be returned to the Defense Logistics Agency - Energy with your offer. All documents to be completed and returned are contained in this package. See FAR 52.212-2 Evaluation --

Commercial Items (Jan 1999), FAR 52.212-1, Instructions to Offerors – Commercial

Items (FEB 2012) and Contract Provisions E-0003 E18-Inspection and Cleaning of Bulk

Petroleum Storage Tanks (Nov 2003), L-0003 L116.01- Data Requirements (Storage)

(Jan 2013) and L-0004 L201.02 -Instructions to Offerors (Jan 2012) for additional information to be submitted.

2. Be sure to check your offer prices in Section B for accuracy and legibility prior to submission. Be sure to initial all changes, and sign and date the Standard Form 1449

(SF 1449) in blue or black ink.

3. Facsimile proposals are NOT authorized. Please ensure that labels on overnight mailings clearly show the solicitation number and are addressed to the Bid Custodian at the address listed on Page 2 of the Request for Proposal.

4. By submission of this package, you are stating that all terms and conditions of the solicitation are accepted and apply to your offer unless clearly stated herein on a separate sheet.

Attachment 1 Offeror Submission Package

(within a 50 mile radius of Tuscaloosa, AL (includes Moundville)

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

NOTE: See Addendum to FAR 52.212- 1 – INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (FEB 2012), DLA Energy Contract Provisions L-0004-L116.01 – DATA REQUIREMENTS (STORAGE) (DLA ENERGY JAN 2013) and FAR 52.212-2 – EVALUATION-COMMERCIAL ITEMS (JAN 1999) for complete instructions on how to submit a proposal.

Attached is the Request for Proposal Number SP0600-13-R-0519, for facilities and services to receive, store, protect, ship, maintain quality, and report inventory for Government-owned petroleum product Jet A 100,000 barrels (shell capacity) within a 50 miles radius of Tuscaloosa, Alabama (includes Moundville).

B. Your proposal must be received no later than 9:00 AM local Fort Belvoir, VA (EST) time on September 13, 2013.

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

SOLICITATION SP0600-13-R-0519”.

C. Offeror’s proposal shall be prepared in three separate volumes and provided in the quantities shown below. Proposals that do not provide the required information in the prescribed format may be excluded from further consideration.

Volume Title No. of Copies Required Page Limit

I Offeror’s Submission Package and Price 2 (Original + 1 copy) --

II Technical Capability 2 (Original + 1 copy) Up to 50

III Past Performance 2 (Original + 1 copy) None

D. 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

(10) business days after solicitation closing. Late proposals will be processed in accordance with FAR 15.208, Submission, Modification, Revision and Withdrawal of Proposal.

Submit hard copy of your TECHNICAL PROPOSAL, OFFEROR SUBMISSION PACKAGE to:

US Post Office/US Post Office Express Mail offer only: Hand Carried/Courier Delivery Service only:

ATTN: DLA Energy-FESBB Bid Custodian Room 2945 ATTN: DLA Energy-FESBB Bid Custodian Room 2945

Defense Logistics Agency Energy Ms. Debbie Lloyd/ Telephone: 703-767-9350

8725 John J. Kingman Road, Suite 2945 Defense Logistics Agency Energy

Fort Belvoir, VA 22060-6222 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.

E. 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.

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

G. QUESTIONS RELATING TO THIS SOLICITATION: Must be emailed to Benita Robertson, Contract Specialist at

Benita.Robertson@dla.mil no later than August 30, 2013. Please reference the Solicitation Number in the SUBJECT LINE of your email. All responses will be provided via an amendment to the solicitation.

mailto:bidcustodian@dla.mil

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

CLAUSE NO. CLAUSE TITLE PAGE (S)

B-0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) 4-9

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-0003-C19.07 SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) (DLA ENERGY JAN 2012) 9-10

SECTION E – INSPECTION AND ACCEPTANCE

E-0003-E18 INSPECTION AND CLEANING OF BULK PETROLEUM TANKS (DLA ENERGY NOV 2003) 10-11

SECTION F – DELIVERIES OR PERFORMANCE

F-0006-F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE) (DLA ENERGY DEC 1991) 12

SECTION G – CONTRACT ADMINISTRATION DATA

G-0002-G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999) 12-13

G-0003-G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – CORPORATE TRADE EXCHANGE (DLA ENERGY

JUL 2007)

13-16

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

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 16-17

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

TRANSACTIONS (SEP 2007)

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (DEC 2012) 18

52.209-7/52.209-5 CERTIFICATION REGARDING REPONSIBILITY MATTERS (APRL 2010) 18-19

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS 20-21

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (DEC 2012)

ALTERNATE I (APR 2011)

21-34

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012) 34-37

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN – REPRESENTATION AND CERTIFICATION (DEC 2012)

37-38

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

(JAN 2009)

38-39

252.225-7031 SECONDARY BOYCOTT OF ISRAEL (JUN 2005) 39-40

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) 40

K-0001-K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 40

K-0002-K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGYAPR 2007) 40

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 within a 50 mile radius of Tuscaloosa, AL (includes Moundville)

C-1 Description of Required Services:

C-1.1 Area of Consideration

C-1.2 Storage Tank Requirements

C-1.3 Grade of Service

C-1.4 Physical System Requirements

C-1.5 Estimated Throughput Requirements

C-1.6 Inventory Control Records and Systems of Record

C-1.7 Contractor Manpower Reporting

C-2 General Information:

C-2.1 Product Receiving Requirement

C-2.2 Product Shipping Requirement

C-2.3 Product Quality Surveillance

C-3 Ancillary Facilities:

C-3.1 Storage Tanks and Facilities

C-3.2 Tank Truck Fill Stand Facilities

C-3.3 Filtration Facilities

C-3.4 Laboratory Services

C-3.5 Additive Injection System

C-4 Contract Clauses

C-5 Best Commercial Practices

C-1 Description of Required Services: Defense Fuel Support Point (DFSP) services are required within a radius of 50 miles of Tuscaloosa Alabama (includes Moundville) for the period of five years beginning 1 September 2014. The following terms and conditions are applicable to the requirement for contract services and ancillary facilities for receiving, storing, protecting Jet A and shipping Government-owned turbine fuel aviation grade JAA (F-24). The facility must to be capable of receiving product from the Plantation Pipeline System. The Contractor Owned and

Contractor Operated (COCO) facility shall conform to Occupational Safety and Health Administration (OSHA) requirements, applicable Codes of Federal Regulations (CFR), and Environmental Protection Agency (EPA), state and local environmental regulations. The contractor must provide all tools, manpower, vehicles and supervision necessary to accomplish all tasks. The contractor must adhere to all federal, state and local laws in the performance of this contract.

C-1.1 AREA OF CONSIDERATION: Within a 50 mile radius of Tuscaloosa, Alabama (includes Moundville).

C-1.2 STORAGE TANK REQUIREMENT: Approximately 100,000 barrels (shell capacity) for Turbine Fuel

Aviation, Grade Jet A storage with a minimum of two tanks required, interconnected and isolated from other facilities and products handled within the Contractor Owned Contractor Operated (COCO) fuel facility. DLA Energy contract provision L-0004-L116.01, Data Required, to be submitted applies.

C-1.3 GRADE OF SERVICE: Government-owned Turbine Fuel Aviation, Grade Jet A.

C-1.4 PHYSICAL SYSTEM REQUIREMENTS: Storage and handling facilities capable of receiving, storing, protecting, and shipping Government-owned petroleum product to include removal of free water through an independent suction on all contracted tanks. In addition to the data required by DLA Energy contract provision L-0004-

L116.01, the potential Contractor will be required to provide the tank cleaning and inspection data required by DLA

Energy contract provision E-0003-E18 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.

C-1.5 ESTIMATED THROUGHPUT REQUIREMENTS: 100,000 barrels each 12 month period. Throughput is computed as follows: receipts plus issues, divided by two. The estimated throughput quantity does not include the initial fill of the terminal. The excess throughput charge will be calculated by multiplying the number of barrels of shipped and received product by the per barrel price offered.

C-1.6 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD: The contractor shall provide

Inventory Control and Systems of Record in compliance with DLA Energy contract provision I-0005-I119.04. The

Contractor furnished computer system shall meet the current commercial standards for a computer system capable of accomplishing the data reporting and record keeping required by Fuels Manager Defense; maintaining the data reporting and records keeping associated with product quality surveillance (ie., product analysis and testing reports); and the document collection and records associated with the Contractor’s preventive maintenance program, etc. The contractor shall input inventory and sales data of Government-owned product utilizing DLA-Energy provided software and the

Contractor-furnished computer system via the Contractor-furnished high speed internet access (with static IP address capability).

C-1.6.1 HIGH SPEED INTERNET ACCESS: At a minimum, the Base Level Support Applications require the contractor to provide and have on-site high speed internet with a static Internet Protocol (IP) address, Electronic Mail

(E-Mail) with the individual user’s accounts, the current version of Adobe Acrobat, and Microsoft Office with

DLA/DLA Energy associated service packs. The government will reimburse the contractor for high speed internet installation fees and pro-rated monthly usage fees upon presentation of an invoice that is certified by the Quality

Assurance Representative (QAR). No additional fees of administrative charges will be allowed.

C-1.7 CONTRACTOR MANPOWER REPORTING: The contractor shall report all contractor labor hours

(including subcontractor labor hours) required for performance of services provided under this contract for the Defense

Logistics Agency via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecrnra.mil.

C-2 GENERAL INFORMATION:

C-2.1 PRODUCT RECEIVING REQUIREMENT:

C-2.1.1 The Contractor’s facility shall be capable of receiving Government-owned petroleum product on a 24 hour per day, seven (7) days per week basis; via a contractor furnished connection to the Plantation Common Carrier Pipeline

System. The Contractor furnished pipeline system connection shall be capable of receiving and handling a minimum pipeline tender batch of 25,000 barrels at commercial flow rates compatible with the carriers system (maximum commercial flow rates are 3,600 barrels per hour).

C-2.2 PRODUCT SHIPPING REQUIREMENT:

C-2.2.1 The Contractor’s facility shall be capable of shipping Government owned JAA (F-24) via Government-furnished tank trucks on a regular work schedule between the hours of 06:00 to 14:00, five (5) days per week (Monday through Friday), Saturdays, Sundays and Federal holidays excepted as stipulated in the wage determination. All required additives, if not received in the product, shall be proportionately injected during shipment to ensure conformance with specification requirements at destination. Due to clay filtration being used corrosion inhibitor shall be proportionately injected during shipment to ensure conformance with specification. Services provided in excess of these stated hours shall be on an overtime basis in accordance with DLA Energy contract provision G-0006-G148.05.

C-2.3 PRODUCT QUALITY SURVEILLANCE: The contractor shall be responsible for maintaining the quality of the Government owned product stored at the Contractor’s facility in accordance with MIL-STD-3004.

C-2.3.1 The Contractor shall reimburse the Government the cost of the product, the cost of disposal, cost of product downgrade or remediation of all products that become contaminated while at the Contractor’s facility due to Contractor negligence. The Contractor shall report immediately, to DLA-Energy Americas East or the Quality Assurance

Representative (QAR), all receipts or on hand stocks that fail to meet product quality for receipt, storage or shipment in accordance with MIL-STD-3004. Suspected off-specification product will be isolated and shall not be released for shipment until authorized by DLA-Energy Houston or the QAR.

C-2.3.2 QUALITY CONTROL PLAN: The Quality Control Plan (QCP) shall provide comprehensive and detailed step-by-step procedures covering all requirements in DLA Energy contract provision E-0002-E1.11-QUALITY

CONTROL PLAN. Following contract award, the Contractor shall have 30 days to submit the detailed plan to the

QAR/COR and Contracting Officer for review and acceptance. Written procedures must be clear and concise as to:

what is done, where it's done, when it's done, how it's done, and who (position) does it. They must describe, in proper sequence, how contract compliance is achieved. For example: receipt of additives prior to blending, blending before sampling, sampling before testing, testing before release of product for shipment, etc. They must describe (and include) only those functions pertinent to contract performance and compliance. They must be reviewed upon initial and succeeding contract awards to assure the technical and procedural requirements are adequately described. They must be dynamic (i.e., modified or extended as changes in technical or procedural requirements occur). Contractor responsibility to inspect product and services shall be in accordance with DLA Energy contract provision E-0005-E28-

CONTRACTOR INSPECTION RESPONSIBILITIES.

C-2.3.3 SAMPLING AND TESTING: The Contractor shall sample and test in accordance with DLA Energy contract provision C-0003-C19.07, Sampling and Testing of Petroleum Products. Calibration of testing equipment required under the provisions of this contract shall be covered in the Quality Control Plan (QCP). If a commercial laboratory is used the Contractor shall report any non-responsiveness to the QAR/COR immediately for resolution. All laboratory reports shall be reviewed and kept on file to ensure compliance with specification requirements.

C-2.3.4 QUALITY DURING SHIPMENTS GENERAL: General loading conditions for tank trucks shall be in accordance with DLA Energy contract provision F-0001-F1.05, GENERAL SHIPPING CONDITIONS.

C-2.3.4.1 TANK TRUCKS: Inspect conveyances prior to loading to determine quality/quantity suitability to load as follows: All compartments have been prepared in accordance Table XXIII of MIL-STD-3004, Conversion Chart for

Tank Cars and Tank Trucks.

C-2.3.5 QUALITY DURING PIPELINE RECEIPTS AND STORAGE: General receiving and storing conditions shall be in accordance with clause 52.211-9072-GENERAL RECEIVING AND STORING CONDITIONS (NOV

2011).

C-2.3.5 CORRECTIVE ACTION: Actions to be followed to effect correction of any deficiency affecting product quality or quantity determination, such as handling of off-specification product. The corrective action procedures shall include notification of the QAR. The Contractor is responsible for all inspection systems, product QCP, and product quality and quantity.

C-2.3.6 RECORD KEEPING AND REPORTS: The Contractor shall be responsible for maintaining detailed sampling and testing logs. Each storage tank shall have a current analysis test report on file. Customers shall be provided copies of tank test reports upon issuance of product if requested. Historical product quality records shall be maintained. All laboratory reports shall be reviewed and kept on file for the duration of the contract to ensure compliance with specification requirements.

C-3 ANCILLARY FACILITIES:

C-3.1 STORAGE TANKS AND FACILITIES: The storage tanks and facilities must meet the minimum requirements of the current API standards, the NFPA codes, and all state and local laws, regulations, etc., applicable to tanks and facilities of the type to be provided. Cone roof tanks with internal floating pans are preferred however, floating roof tanks will be acceptable. Floating roof tanks will be equipped with roof drains, which prevent water from coming into contact with the fuel as well as slotted “standpipes” to facilitate the accuracy of manual gauging. The tanks shall be interconnected so as to provide the capability of transferring/filtering product between tanks. The tanks and facilities will consist of one dedicated system capable of receiving, storing, and shipping one grade of Government-owned product. Each tank of the product system will be equipped for the effective removal of accumulated free water via independent suction. An isolated system in place of the preferred dedicated system is acceptable provided the requirements of DLA Energy contract provision L-0004-L116.01 (d) are met.

C-3.2 TANK TRUCK FILL STAND FACILITY: The Contractor’s tank truck fill stand facility shall be capable of spotting and loading a minimum of four each 8,500 gallon commercial tank trucks per hour. The Contractor’s tank truck shipping facilities shall be in compliance with Federal, State, and local environmental laws and regulations based upon the type of product being loaded. The commercial tank truck loading facility shall be equipped with a Scully System (or equal) and a API/temperature compensating meter capable of accurately measuring the volume loaded. Meters shall be calibrated in accordance with manufacturer’s requirements or state law whichever requires more frequent calibration.

The loading of Government-furnished commercial tank trucks shall not be in competition with the Contractor’s other terminal operations.

C-3.2.1 The Contractor’s facility shall have the capability of off-loading commercial tank trucks returning due to tank leaks or other environmental problems.

C-3.3 FILTRATION FACILITIES: The Contractor-furnished filtration system shall meet the requirements of API

Bulletin 1581 Second Edition, January 2000, Group II, Class B to allow for product filtration during tank transfers, product receipt by the commercial pipeline and tank truck loading. Normal operating flow rate of the Common Carrier

Pipeline System is at a rate of 3,600 barrels per hour. The Government will reimburse the Contractor for the cost of the replacement filter elements, and for the disposal of the used filter elements. All aviation turbine fuel loaded into tank trucks will first pass through a 100 mesh screen prior to entry into the truck compartment.

C-3.3.1 The Contractor’s filtration system and bypass system must be interconnected and capable of filtering product during tank to tank transfers The Contractor shall be responsible for furnishing and providing, at their expense, all maintenance requirements for the filtration system. The government will reimburse the Contractor for the cost of replacement and disposal of the used filter elements. The contractor’s invoice, for the replacement filters and the disposal of the used filters shall be certified by the QAR and forwarded to the Contacting Officer. No fee or administrative charge shall be added.

C-3.4 LABORATORY SERVICES: The Contractor shall provide laboratory services in accordance with DLA

Energy contract provision C-0003-C19.07.

C-3.5 ADDITIVE INJECTION SYSTEM: The Contractor’s additive injection system shall provide a separate injection system (pump and ancillary connection facilities) for the injection of each Government-furnished additive into the product during tank truck loading operations, (see DLA Energy contract provisions F-0003- F45.01- OPERATION

OF CONDUCTIVITY ADDITIVE SYSTEM (OCT 1998), -F-0004-F45.03 OPERATION OF FUEL SYSTEM ICING

INHIBITOR ADDITIVE SYSTEM (JAN 2012) and F0005-F45.04 OPERATION OF CORROSION INHIBITOR

SYSTEM (JUL 1992). Conductivity additive and Corrosion Inhibitor (if required) shall be injected during tank truck shipments.

C-4 CONTRACT CLAUSES: All standard contract clauses that apply to Contractor Owned Contractor Operated services are applicable to this requirement.

C-5 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 hereunder with the best commercial practices as negotiated/discussed. Best commercial practices shall be documented and provided to the Contracting Officer 30 days prior to contract start.

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 (September 01, 2014 through August 31, 2019) as described in the Performance

Work Statement includes the following:

THE CHART BELOW REFLECTS A PERFORMANCE PERIOD OF FIVE YEARS (ONE PRODUCT)

CLIN Product/Tank #

Shell

Capacity

(BBLS)

Fill

Capacity

(BBLS)

Use Charge Per

Month (Prorated for part month) includes initial & final shipment

PRICE (MUCC)

Annual

Storage Use

Charge

Five Year

Cost

$/BBL/YR

1001 MUCC $ $ $ $

CONTRACT

TOTAL

NOTE: Monthly and Annual Storage Charges shall be based on FILL CAPACITY. Additionally, Monthly Usage prices when multiplied by 12 months should equate to Annual Storage Usage Charge as stated in the above chart.

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 DLA Energy Contract Provision B-0001

B34.01 SERVICES TO BE FURNISHED AND PRICES (FEB 1991) unless otherwise stipulated.

CONTRACT LINE ITEM 1002 - EXCESS THROUGHPUT (EXTP): Excess throughput is defined as any volume greater than 100,000 barrels of JP8 throughput within a 12-month period. (See DLA Energy Contract Provision B-0001

B34.01 SERVICES TO BE FURNISHED AND PRICES (FEB 1991), paragraph 1.6.1). The Contractor will be reimbursed

$_____* per barrel. Throughput is defined as receipts plus issues divided by two.

*Note: Upon reaching the estimated throughput of 100,000 barrels, invoices in the amount of excess through reached during the month shall be submitted on a monthly basis. Invoicing shall continue on a monthly basis for any excess throughput until the 12-month period has concluded.

CONTRACT LINE ITEM 1003 - LABORATORY SERVICE (LABS): The Government shall reimburse the Contractor for actual costs of the tests by a commercial laboratory. All other associated costs are to be included in the monthly use charge costs. (See DLA Energy Contract Provision B-0001-B34.01 paragraph 2.3.4) (Also see C-0003-C19.07 SAMPLING

AND TESTING OF PETROLEUM PRODUCTS (STORAGE) (JAN 2012) and E-0005-E28 CONTRACTOR INSPECTION

RESPONSIBILITIES (STORAGE) (DEC 2011).

CONTRACT LINE ITEM 1004 – PURCHASE OF FILTERS (FILT): 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 Contract Provision B-0001 B34.01, paragraph 2.4.3).

CONTRACT LINE ITEM 1005- 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 (if required) upon presentation of supporting documentation and an invoice certified by the QAR/COR. (See DLA Energy Contract Provision F-0004-F45.03)

CONTRACT LINE ITEM 1006 -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 at actual costs (if required) upon presentation of supporting documentation and an invoice certified by the QAR/COR. (See

DLA Energy Contract Provision F-0004-F45.01)

CONTRACT LINE ITEM 1007- PURCHASE OF CONDUCTIVITY ADDITIVE (PFCA): The Government will normal purchase and provide 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 by the Government at actual costs (if required) upon presentation of supporting documentation and an invoice certified by the QAR/COR. (See DLA

Energy Contract Provision F-0004- F45.01)

CONTRACT LINE ITEM 1008 -INJECTION OF ANTI-ICING ADDITIVE (IFSI)

The Contractor will be reimbursed $_____ per gallon for the injection of FSII additive.

CONTRACT LINE ITEM 1009 – INJECTION OF ANTI CORROSION ADDITIVE (IACA):

The Contractor will be reimbursed $_____ per gallon for injecting corrosive inhibitor additive.

CONTRACT LINE ITEM 1010- INJECTION OF CONDUCTIVITY ADDITIVE (IFCA):

The Contractor will be reimbursed at $____per gallon for injecting conductivity additive.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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

E-0003 E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS

(NOV 2003)

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

(1) Date and type of construction;

(2) Name of installing contractor;

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

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

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

(6) Record or tank repairs;

(7) Tank dimensions and capacity;

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

(9) Tank coating history;

(10) Tank strapping charts;

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

(12) Records of product tests and trends.

(b) At the Contractor's expense, the Contractor shall empty, inspect, and clean each bulk petroleum storage tank and dispose of all tank bottom waste for each tank furnished under this contract at the following intervals. When tank cleaning does take place, the Contractor, at his own expense, shall be responsible for providing alternate tankage and transferring the remaining product to that tankage. Such tankage shall be suitable for storing the transferred product and shall be of equal or greater capacity than the tankage being cleaned. Any proposed reduction in the storage capacity cited in the contract must be approved by the Contracting Officer in advance.

(1) AVIATION FUEL STORAGE TANKS.

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

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

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

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

(v) Tanks will be emptied, cleaned, and inspected more frequently than the periods stated in (i) through

(iv) above when sample analysis indicates a build up of sediment in the tanks.

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

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

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

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

Updates to the listing shall be sent to the Contracting Officer as soon as a change is known.

Tank

Number Location Reason Dates Replacement Tankage

SECTION F – DELIVERIES OR PERFORMANCE

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

During the contract period, September 01, 2014 through August 31, 2019, the Contractor shall provide petroleum storage facilities and services at the following location:

(Street address)

(City/State/Zip)

SECTION G – CONTRACT ADMINISTRATION DATA

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

Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic

Funds Transfer (EFT) applies. (See the PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR

REGISTRATION or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL

CONTRACTOR REGISTRATION clause.)

Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:

(a) Payee Name (Contractor): | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

(DO NOT EXCEED 153 CHARACTERS)

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

(JUL 2007)

(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be located in the United States and must be capable of receiving Automated Clearing House (ACH) transactions.

NAME OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 29 CHARACTERS)

CITY AND STATE OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 20 CHARACTERS)

AMERICAN BANKERS ASSOCIATION NINE DIGIT IDENTIFIER OF RECEIVING BANK: | | | | | | | |

ACCOUNT TYPE CODE: (Contractor to designate one)

[ ] CHECKING TYPE 22

[ ] SAVINGS TYPE 32

RECIPIENT'S ACCOUNT NUMBER ENCLOSED IN PARENTHESES: | | | | | | | | | | | | | | | |

(DO NOT EXCEED 15 CHARACTERS)

RECIPIENT'S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

STREET ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |

CITY AND STATE: | | | | | | | | | | | | | | | | | | | | | | | | | |

NOTE: Additional information may be entered in EITHER paragraph (b) OR paragraph (c) below. Total space available for information entered in (b) OR (c) is 153 characters.

(b) SPECIAL INSTRUCTIONS/OTHER IDENTIFYING DATA:

OR

(c) THIRD PARTY INFORMATION: Where payment is to be forwarded from the receiving bank to another financial institution for deposit into Contractor's account, the following information must be supplied by the Contractor:

Second Bank Name, City/State and/or Country, Account Number, and Account Name.

(d) CONTRACTOR'S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER

INFORMATION.

NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

TITLE: | | | | | | | | | | | | | | | | | | | | | | | | | |

TELEPHONE NUMBER: | | | | | | | | | | | | | | | | | | | | | | | | | |

SIGNATURE: ______________________________________________________________________

(e) Any change by the Contractor in designation of the bank account to receive electronic transfer of funds in accordance with this provision must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.

(f) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.

(g) In the event corporate trade exchange (CTX) payments cannot be processed, the Government retains the option to make payments under this contract by check.

(h) NOTICE TO FOREIGN SUPPLIERS.

(1) Payment may be made through the Federal Reserve Wire Transfer system. The bank designated as the receiving bank must be located in the United States and must be capable of receiving ACH transactions. The appropriate

American Bankers Association nine-digit identifier must be supplied in order for payments to be processed through CTX.

(2) If your account is with a foreign bank that has an account with a bank located within the United States, the U.S. bank may be designated as the receiving bank. The recipient's name and account number shall identify the foreign bank, and transfer instructions to supplier's account must be specified in (b) OR (c) above.

(3) The Third Party information supplied in (c) above will be located in the first RMT segment of the CTX payment information sent to the receiving bank.

(i) Notwithstanding any other provision of the contract, the requirements of this provision shall control.

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

QUOTERS

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

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to --

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs

(a)(1) through (a)(3) of this provision; or

(2)

(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms

“agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on

Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference it his provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of

Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, for each such failure.

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DEC 2012)

(a) Definition. Data Universal Numbering System (DUNS) number, as used in this provision, means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

(b) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or

“DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or http://fedgov.dnb.com/webform

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and

Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under

I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under

I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS

Office of Appeals contesting the lien filing, and to further appeal to the

Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to

I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11

U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the

Offeror learns that its…

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