Amendment_02_Attachment.pdf

SPE600-15-R-0502

Amendment 02

Attachment

Question #1: All clauses or parts thereof referring to; product received or shipped by; services, performances and responsibilities related to

,contract terms & conditions related to; prices/cost related to; or any requirement in this contract referring to barges, pipelines, aircrafts and/or tank cars shall be read and construed as they will not be applicable under this contract.

Answer # 1: Any exceptions to the requirement should be clearly identified in the proposal.

Question # 2: All clauses or parts thereof referring to: receiving or shipping of; services, performances and responsibilities related to; contract terms & conditions related to prices/cost related to; or any requirement in this contract referring to supplies shall be read and construed as they will not be applicable under this contract unless explicitly mentioned by defining the type of supply and all requirements and terms and conditions thereto.

Answer #2: The contractor is to provide all supplies necessary for successful performance of this requirement in accordance with the terms and conditions of the requirement. Any exceptions to the requirement should be clearly identified in the proposal.

Question #3: Article 1.1: “Contract Performance Period” - Initial Period is mentioned as five (4) years whereas Article 1.5 states the base period as a 4-year period.

Answer #3: This is a 4 year basic contract with a 5 year option period.

Question #4: Article 1.2 (1) - states the Storage Tank Requirements for F76 as 1,000,000 barrels.

Based on past experience & in order to enhance the flexibility & efficiency in handling product receipts and deliveries, [vendor name] believes it would be prudent to have an additional storage tank for F76.Therefore, [vendor name] would like to offer a total storage capacity of 1,188,790 barrels for F76.

Answer # 4: The PWS requirement is as stated 1,000,000 barrels.In the offer package the contractor can request a waiver and state why they believe an amount different than thet requested should be considered.

Question # 5: Article 1.4: ‘protecting’ of U.S. Government owned product - As per our understanding this only refers to ensuring that the ‘quality’ of the product is not degraded. Please confirm.

Answer# 5: No. protecting means the physical protection of the US Goverenment Owned Product this section has nothing to do with quality.

Question # 6: Article 1.5: ‘Initial Fill’ [redacted] permissible throughput allowance for initial fill can only refer to the ullage available in the tanks as of contract commencement.

Answer # 6: Yes. Initial fill is dependent on the quantity of Government product already present in the successful offeror's tanks. This is a full and open solicitation. Whether or not the incumbent is successful or not cannot be discussed at this time.

Question # 7: Article 1.6: FMD system – Please confirm if [vendor name] is required to enter data directly into the FMD system. At present this is being done by the DLA-E Middle East office.

Answer # 7: There still is a requirement to provide daily input to FMD at this time it is being done by the regional office, but that doesn't relieve the successful bidder from being capable of their responsibility to directly input data if the process changes.

Question # 8: Article 1.8: Additive Storage – Please confirm the volumes of FSII, SDA, CI/LI additives that [vendor name] is expected to store, to determine the storage requirements. Please also confirm if [vendor name] is expected to purchase or if the Government will provide the additives.

Answer # 8: See clause F45. If the need arises to inject additives, they will be provided by the US Government or the contractor will be instructed to purchase and request an equitable adjustment. The Government anticipates that a 15' by 15' space shall be sufficient to meet the additive storage requirements.

Question # 9: Article 2.3: Tank Truck Fill Stand Facility - Please confirm that simultaneous loading of two tank trucks at a combined rate of 1,200 GPM is acceptable, as per existing contract.

Answer # 9: The PWS requirement is as stated “simultaneously loading and shipping four tank trucks at a combined rate of 1,000 gallons per minute.”

In their proposals, offerors can request a waiver and state why they believe a different configuration should be considered.

Question # 10: Article 2.5.1: Storage Tanks coating - Please confirm if the F76 tanks without epoxy coating (as per existing contract) are acceptable.

Answer # 10: The PWS requirement is as stated “Additionally, the floor and at least 3 meters up the side of any tank offered must be epoxy coated. “

In their proposals, offerors can request a waiver and state why they believe a different configuration should be considered.

Question # 11: Article 2.5.3: Fuel/Water Separation - Please confirm that ‘Fast Flush Tanks’ (as per existing contract) are acceptable for this requirement.

Answer # 11: The PWS requirement is as stated “Each storage tank shall be equipped with a fuel/water separation system for collection of all product or water dispensed from its bottom water drain(s)." In their proposals, offerors can request a waiver and state why they believe a different configuration should be considered.

Question # 12: Article 2.6.1: Filter replacement Price – As the number of filters required is dependent on the level of sedimentation, the requirement of the filters cannot be pre-determined. [vendor name] requests that the purchase cost of filter elements is treated as an equitable adjustment instead.

Answer # 12: The PWS requirement is as stated. “The contractor is required to include all cost associated with filter program in CLIN 0001and CLIN 0002.”

Offeror must use all due diligence to reach a cost that they believe covers all items that are required to safely complete all normal operations and include this cost in the MUCC for the items that they must provide under the terms of the contract

Question # 13: Article 2.7: Laboratory Services – [vendor name] will not be providing Laboratory Services. Please confirm that [vendor name] will only be required to ship samples within the UAE and will be reimbursed for shipping of samples outside the UAE.

Answer # 13: No. The Government cannot confirm reimbursement for laboratory services prior to reviewing offer. The PWS requirement is as stated.

Question # 14: Article 2.7.1: Contaminated Product Reimburse - [vendor name] liability shall be limited to a maximum amount equal to the current value of what has been damaged, lost or destroyed, but limited to a maximum of US Dollar 10,000,000 per any one event or sequence of events arising from one and the same cause.

Answer # 14: The PWS requirement is as stated. “The contractor shall reimburse the U. S. Government the cost of the product and the cost of disposal or remediation for all products that becomes contaminated while at the contractor’s facility, due to contractor negligence.”

Without any cap on liability.

Question # 15: Article 2.8.1: Local Operating Cost non-product -Please clarify what costs are classified as ‘non-product’ charges.

Answer # 15: The PWS requirement is as stated. “The contractor shall include all regular and recurring cost associated with the movement of Government Owned Product into and out of the storage facility and the storage terminal manifold System in CLIN 0001and CLIN 0002. “

Offeror needs to determin what is their regular and recurring cost for non-product as this is a firm fix price.

Question # 16: Article 2.8.2: Local Operating Cost product -

a) Port Handling Charges: As [vendor name] does not determine the handling levied by the port; these will not be included in CLIN 0001 & CLIN 0002 but billed separately each month. It will be cumbersome to process these as an equitable adjustment.

b) Customs Levies: For shipments that enter the UAE (eg by Truck), DLA-E will be required to either pay the customs duties or provide proof of duty exemption.

Answer # 16: The PWS requirement is as stated.

a.) We will no longer have any separately invoived cost under this contract. It will be handled by equitable adjustment as stated in the PWS.

b.) In the offer package the contractor can request a waiver and state why they believe truck shipments should not be paided by the contracter and handled by equitable adjustment.

Question # 17: Article 3.1: Product Quality Surveillance Responsibility -[vendor name] will only be responsible for maintaining the quality of the Product for only those quality parameters that have been tested after receipt of Product.

Answer # 17: The PWS requirement is as stated.

Question # 18: Article 3.1.1: Product Quality Determination -[vendor name] personnel are not qualified to certify the fitness of vessels & truck for suitability to load product. Please confirm that third-party sub-contractors are acceptable for this inspection and certification.

Answer # 18: The PWS requirement is as stated. “No conveyance/container shall be loaded until it is inspected by a qualified contractor person and deemed suitable to carry the intended product.”

In the offer package the contractor can request a waiver and state why they believe they should not be required to provide the services requested.

Question # 19: Article 4.2: Contractor Manpower Reporting -Please confirm if this requirement applies to this COCO contract as it is purely provision of storage services.

Answer #19: Yes. The Contractor Manpower Reporting requirement is as stated.

Question # 20: E-0003-E18 (b) – INSPECTION AND CLEANING OF BULK PETROLEUM TANKS

[vendor name] will make its best endeavor to provide alternate tankage when tank cleaning take place.

In case alternate tankage is not available DLA-E has to make its best endeavor to make available the storage tank scheduled for cleaning and to provide the opportunity enabling [vendor name] to conduct necessary tank cleaning and inspection.

Answer # 20:

1) If no alternate tankage is available, the monthly service price will be offset accordingly.

2) Tank cleaning schedule is generated by contractor in coordination with the regional office.

Quesiton # 21: Is the incumbent contractor required to undergo tank inspection?

Answer # 21: Yes. Any exceptions to the requirement should be clearly identified in the proposal.

Question # 22: F-0001-F1.05 (c) – INSPECTION OF CONVEYANCES

[vendor name] personnel are not qualified to inspect the fitness of vessels & truck for suitability to load product. Please confirm that either a QAR or third-party inspectors will certify fitness.

Answer # 22: The inspection services in question are the responsibility of the contractor. Any exceptions to the requirement should be clearly identified in the proposal.

Question # 23: F-0001-F1.05 (f) – PLACARDS

Placards are the responsibility of the tank truck operating party. [vendor name] will not provide the placards on behalf of third parties.

Answer # 23: Any exceptions to the requirement should be clearly identified in the proposal.

Question # 24: F-0001-F1.05 (o) (1) – LAYTIME definition

Vessel movement and navigation is controlled by the port operator. Therefore the access to[ vendor name] jetty is subject to the availability of pilot and barges. [vendor name] has no influence on the availability of pilots and tugs and is therefore not in the position to commit access to the jetty based on a scheduled arrival date at the port or the issuance of the notice of readiness.Therefore laytime shall only commence once the Government’s vessel is all fast alongside at [vendor name] jetty.

Answer # 24: Any exceptions to the requirement should be clearly identified in the proposal.

Question # 25: F-0001-F1.05 (o) (2) (7) – Increases to Laytime

For delays, after commencement of laytime, attributed to causes beyond the control and without the fault or negligence of the Contractor should result in increasing the basic allowed laytime by the duration of the delay, as the cause of the delay is beyond our control.

Answer # 25: Any exceptions to the requirement should be clearly identified in the proposal.

Question # 26: F-0001-F1.05 (i) – Scheduling of Trucks

As [vendor name] shall not be arranging the trucks, it cannot be responsible for their scheduling.

Adherence and compliance with such schedules is the responsibility of the transport provider and hence [vendor name] cannot be liable for any demurrages due to their non-performance.

Answer #26: The inspection services in question are the responsibilit of the contractor. Any exceptions to the requirement should be clearly identified in the proposal.

Question # 27: F45.01, F45.03, F45.04 – ADDITIVE OPERATIONS

[vendor name] will only determine and monitor additive concentration within the scope of responsibilities and duties set in the contract clause E28. [vendor name] will report results and highlight any degradation or other possible nonconformity to the specification to the DLA-E QAR. [vendor name] will not be responsible for the additive concentration during receipt or issues from the terminal and transfers within the terminal and will also not adjust independently the additive concentration without being directed by the DLA-E QAR to do so.

[vendor name] will only be responsible for the adjustment of the manual systems to meet the requirements as advised by the DLA-E QAR.

Answer # 27: Any exceptions to the requirement should be clearly identified in the proposal.

Question # 28: I-0001-I1.01-4 (h) –Product definition

Please confirm that the Crude Oil, Heavy fuels & Lubricating oils are not applicable to this contract.

Answer # 28: Please see PWS for products applicable to this contract. Any exceptions to the requirement should be clearly identified in the proposal.

Question # 29: I-0002-I116 (d) – Abandonment of Product

[vendor name] is unable to accept this clause. We are a logistics service provider and do trade any petroleum products. No contract price adjustment can be accepted for value of abandoned product.

Answer # 29: Any exceptions to the requirement should be clearly identified in the proposal.

Question # 30: Being located in the Jebel Ali Freezone, no taxes are presently applicable on Product movement at [vendor name]. However for Product imported into the country, duties may apply unless an exemption is in place. As this is a rare occurrence, [vendor name] will not include duties in the contract price and the Government will be liable to applicable taxes and duties, if any.

Answer # 30: Any exceptions to the requirement should be clearly identified in the proposal.

Question # 31: 52.212-04 (l) – Termination for Governments convenience

We believe that it is not fair that the Government may terminate a 5 years commitment for no reason not giving [vendor name] the opportunity and time to arrange for a commercial substitution for utilization the tankage.

[vendor name] therefore requests for DLA-E’s acknowledgement and confirmation of the following:

1. The Government’s right for TERMINATION FOR THE GOVERNMENT'S CONVENIENCE shall not be exercised within the first 24 (twenty-four) months after the commencement date of the contract.

2. The Government’s right for TERMINATION FOR THE GOVERNMENT'S CONVENIENCE has to be communicated to [vendor name] in writing 6 (six) month prior to the date the Government wishes to terminate the contract. The written notification may be send to [vendor name] during the first 24 (twenty-four) months after the commencement date while the date the Government wishes to terminate the contract only thereafter.

Answer # 31: Termination for Convenience as stated in 52.212-4 will not be altered.

Question # 32: 52.243-1 (a) – Service changes

This clause is practicably not applicable as the services provided under this contract cannot accommodate changes to the performance time & place are mentioned in sub clauses (2), (3), (4), (5) and (6).

Answer # 32: Any exceptions to the requirement should be clearly identified in the proposal.

Question # 33: Can we apply on any of one fuel type?

Answer # 33: No, this contract requires that all products be stored at the same facility, under one contract.

Question # 34: Can RFP submission date be extended to August 23, 2015?

Answer # 34: Proposal submission date remains July 23, 2015.

Question # 35: In section 1.8 Additives it says the U.S. government will provide additives unless the contractor is directed to purchase. Costs in the bid are to include costs for storage, injection and maintenance. However, in section 1.8.1 it appears to only address the additives for JP5 stocks. Will the Contractor be expected to purchase and inject the lubricity additive for F76? MIL-PRF-

If not, will the fuel be pretreated GFE or will the COCO deliver untreated low sulfur fuel and the end user be responsible for the lubricity additive?

Answer# 35: The Government anticipates that no additization of F76 will be required.