West_Coast_Transportation_Storage_RFP.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0056392415

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE600-15-R-0507

5. SOLICITATION NUMBER

2015 JAN 30

6. SOLICITATION ISSUE

DATE

RAFAEL GOMEZ PARFJ11

a. NAME

Phone: 804-279-3102

b. TELEPHONE NUMBER (No Collect calls)

2015 MAR 04

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE600

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

484230NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

38PAGE 1 OF

01:00 AM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUED ON NEXT PAGE

ADDENDUM TO SF1449 – INSTRUCTIONS AND INFORMATION

1. Exemptions to FAR Clause 52.204-99, System for Award Management Registration, apply to most offerors. See FAR 4.1102, policy. Non-US companies must first obtain their CAGE code before registering with the System for Award Management Registration (SAM). CAGE codes are assigned during the SAM registration for US companies.

2. Offerors must include full, accurate, and complete information in their responses as required by this solicitation (including attachments). Examine the entire solicitation carefully. The penalty for making false statements is prescribed in 18 U.S.C. 1001.

3. Offerors must plainly mark their responses with the Solicitation Number , the date and local time for receipt of proposals that is in the solicitation document.

4. Information regarding the timeliness of response is addressed in the provision of this solicitation entitled, “Late Submissions, Modifications, and Withdrawals of Bids” or “Instructions to Offerors – Competitive Acquisitions.” Reference 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (BULK) (TAILORED) (DLA ENERGY) (JUL 2013)of the Solicitation Package.

5. Sealed offers in original and 1 copy for furnishing the supplies or services in the Schedule will be received at:

ATTN: DLA ENERGY- FEBDA BID CUSTODIAN ROOM 2954

DEFENSE LOGISTICS AGENCY ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VA 22060-6222

Confirmation for Receipt of Offer: (703) 767-9685 If hand carried, the depository is located in Room 2954 at DLA Energy.

6. Certification and Representation clauses should be answered in either the affirmative or negative, as applicable. If a clause does not apply, LEAVE BLANK. (DO NOT state “N/A – Not Applicable.”) Please initial all changes and corrections. Offerors must acknowledge receipt and acceptance of all amendments to this solicitation.

7. Pursuant to FAR 52.215-5, FACSIMILE PROPOSALS AND L0002 L2.11-4 EMAIL PROPOSALS, offers submitted by facsimile and email must constitute an offeror’s hard copy. It must contain all required representations and certifications as well as all required signatures.

8. NOTICE: Any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government agencies, or was in receipt of a notice of proposed debarment from any Government agency, is voidable at the option of the Government.

9. All contractor fill in information is located in attachment two (2) the offer submission package.

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SPE600-15-R-0507

Section B

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SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B34.01

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:

OFFER SCHEDULE

ORDERING PERIOD: Date of award through May 31, 2016, with four (4) one-year option periods.

DELIVERY PERIOD: June 1, 2015 through May 31, 2016 this includes a 30 day carry over period with four (4) one-year option periods.

OFFERED PRICES:

Base Year: ISO Container - June 1, 2015 through May 31, 2016

CLIN Description Estimated Quantity/Unit

Unit Price

Quantity Offered

0001 Intermodal Container Transportation (Seattle Area)

0002 Container Loading/Offloading/Cleaning (Seattle Area)

0003 Container/Chassis - Maintenance (Seattle Area)

0004 Container/Chassis - Inspection (Seattle Area)

0005 Container Storage/MISC Fee (Seattle Area)

0006 Intermodal Container Transportation (LA Area)

0007 Container Loading/Offloading/Cleaning (LA Area)

0008 Container/Chassis - Maintenance (LA Area)

0009 Container/Chassis - Inspection (LA Area) 4 0010 Container Storage/MISC Fee (LA Area) 500

Option Year 1: ISO Container - June 1, 2016 through May 31, 2017

Unit Price

Quantity Offered

0001 Intermodal Container Transportation 200

PAGE 5 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

(Seattle Area)

0002 Container Loading/Offloading/Cleaning (Seattle Area)

0003 Container/Chassis - Maintenance (Seattle Area)

0004 Container/Chassis - Inspection (Seattle Area)

0005 Container Storage/MISC Fee (Seattle Area)

0006 Intermodal Container Transportation (LA Area)

0007 Container Loading/Offloading/Cleaning (LA Area)

0008 Container/Chassis - Maintenance (LA Area)

Option Year 2: ISO - Container June 1, 2017 through May 31, 2018

Unit Price

Quantity Offered

0001 Intermodal Container Transportation (Seattle Area)

0002 Container Loading/Offloading/Cleaning (Seattle Area)

0003 Container/Chassis - Maintenance (Seattle Area)

0004 Container/Chassis - Inspection (Seattle Area)

0005 Container Storage/MISC Fee (Seattle Area)

0006 Intermodal Container Transportation (LA Area)

0007 Container Loading/Offloading/Cleaning (LA Area)

0008 Container/Chassis - Maintenance (LA Area)

Option Year 3: ISO Container – June 1, 2018 through May 31, 2019

PAGE 6 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Unit Price

Quantity Offered

0001 Intermodal Container Transportation (Seattle Area)

0002 Container Loading/Offloading/Cleaning (Seattle Area)

0003 Container/Chassis - Maintenance (Seattle Area)

0004 Container/Chassis - Inspection (Seattle Area)

0005 Container Storage/MISC Fee (Seattle Area)

0006 Intermodal Container Transportation (LA Area)

0007 Container Loading/Offloading/Cleaning (LA Area)

0008 Container/Chassis - Maintenance (LA Area)

Option Year 4: ISO Container – June 1, 2019 through May 31, 2020

Unit Price

Quantity Offered

0001 Intermodal Container Transportation (Seattle Area)

0002 Container Loading/Offloading/Cleaning (Seattle Area)

0003 Container/Chassis - Maintenance (Seattle Area)

0004 Container/Chassis - Inspection (Seattle Area)

0005 Container Storage/MISC Fee (Seattle Area)

0006 Intermodal Container Transportation (LA Area)

0007 Container Loading/Offloading/Cleaning (LA Area)

0008 Container/Chassis - Maintenance (LA Area)

0009 Container/Chassis - Inspection (LA Area) 4 0010 Container Storage/MISC Fee (LA Area) 500

REIMBURSABLE EXPENSES TO THE CONTRACTOR:

All reimbursable expenses must be approved in advance by the COR. The government will not be liable for any taxes, fees, tariffs, licenses or other costs or expenses associated with performance on this contract other than those specifically referenced herein.

PAGE 7 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

Performance Work Statement

Performance Work Statement

DLA Energy Leased Bulk Fuel Containers/Chassis West Coast Region

1. Description of Required Services

1.1 Area of Consideration

1.2 ISO Tank Requirement

1.3 Grade of Product

2. Responsibilities

1.1 Contractor Responsibilities

1.2 Government Responsibilities

1.3 Contractor Furnished Equipment

1.4 Government Furnished Equipment

1.5 Reimbursable Expenses

1.6 Performance Objectives

1.7 Insurance Requirements

1.8 General

PAGE 8 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

1. Description of Required Services: Defense Logistics Agency - Energy (DLA-Energy) requires the storage and transportation of Department of Defense (DoD) Leased Bulk Fuel Containers with Chassis. These Container/Chassis are required to be transported to various port locations to be loaded with fuel and fuel related products and then taken to either a discharge location or to a Sea Port of Embarkation (POE) for onward movement. All empty containers will be returned to the storage facility for cleaning, storage and maintenance. The storage capability required for up to thirty (30) containers with chassis. The contractor will perform all annual inspections and associated repairs on the chassis.

Service Required: Services will be required upon award of contract.

Contract Performance Period: The contract performance period shall be for a period of one (1) year with four (4) one year options.

1.1 Area of Consideration:

Loading Point(s): - Chevron Willbridge Lubricants Plant, Portland Oregon

- DFSP Puget Sounds, Washington

- Port of Seattle, Washington

- Greater Los Angeles, CA Area

- El Segundo, California

- Vernon, California

Discharge Point(s): - Port of Los Angeles

- Port of Seattle, Washington

- Greater Los Angeles, CA Area

- Terminal Island, California

Storage Point(s): - Greater Los Angeles, CA Area

- Portland/Seattle, Area

1.2 ISO Tank Requirements: ISO tank containers are large stainless steel pressure vessels held within a 20-foot ISO frame that are used for the transportation and storage of bulk liquids between locations.

Average Height: 8’6” Average Width: 20’ Average Length: 8’ Average Max Fill Capacity: 6,340 USG

1.3 Grade of Product:

Fuel System Icing Inhibitor (FSII) Lube Oil – 6 (LO6)

LTL

F24/JAA with additives Above listed products are not all inclusive, the Government reserves the right to add to above list.

2. Responsibilities: The Government and the contractor will operate as a team to assure a high standard are established and maintained in the performance of the contract.

2.1. Contractor Responsibilities:

2.1.1. Contractor Furnished Equipment and Crew: The contractor shall furnish all supplies, materials, equipment, and personnel necessary to perform the services contract under the award of this contract.

2.1.2. Maintain, Position, and Operate Equipment: The contractor shall maintain, clean, repair, position and operate contractor furnished equipment to ensure its performance under the contract, including providing fuel to operate necessary equipment.

2.1.3. Access to Port: The contractor shall acquire Transportation Worker Identification Credentials (TWIC) when transporting to port of call.

PAGE 9 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

The contractor shall pay all associated costs and expenses except those outlined in paragraph 2.5 of the PWS, Reimbursable Expenses.

2.2 Government Responsibilities:

2.2.1 DLA Energy AMW Inventory Manager Responsibilities: The AMW Inventory Manager will perform the following duties. The contractor will be provided the name and contact information for the AMW Inventory Manager at time of award.

2.2.2 Cargo Routing: Provide cargo routing instruction to the contractor IAW the AMW direction and guidance.

2.2.3 Order Services: Order all loading and unloading services and schedule all movements.

2.2.4 Contact Information: Furnish the contractor with the names and appropriate telephone numbers, of persons designated as the Government’s ordering, inspecting, and receiving representatives upon award of the contract.

2.2.5 Notify Receiving Activities: The AMW Inventory Manager will notify the receiving activities of the scheduled arrival of the containers, including estimated date and time of arrival.

2.2.6 Authorize Access: Assist authorized representative of the contractor in gaining access to all facilities to load and discharge as necessary.

2.2.7 Supply Required Forms: Supply the contractor with all documentation necessary for loading, discharging or dropping off containers at designated locations.

2.3 Contractor Furnished Equipment: None

2.4 Government Furnished Equipment:

2.4.1. Chassis Inspection: The contractor shall perform annual inspections on the chassis to ensure they meet all applicable

DOT standards. Contractor will perform minor repairs to as needed. All repairs and parts will be paid up front by the contractor and will be reimbursed by the Government upon receipt of invoice. (See Paragraph 2.5 of the PWS)

2.4.2 Loss or Contamination Liability: The contractor assumes full liability for, and agrees to reimburse the Government, for the actual loss or contamination to the cargo it receives for transportation, except when loss and/or damage arise out of an Act of God or Force Majeure.

2.4.3 Damage Due To Contractor Negligence: The contractor shall be liable for damage to Government property resulting from negligence on the part of the contractor. The contractor must also reimburse the Government for actual expenses incurred by the Government due to breakdown of contractor’s equipment or delay due to negligence of the contractor, which prevents prompt acceptance or delivery of intended cargo. The contractor shall also be responsible for lost cargo in route, caused by equipment failure, such as a spill.

2.5 Reimbursable Expenses to the Contractor:

2.5.1 COR Approval: All reimbursable expenses must be approved in advance by the COR. The government will not be liable for any taxes, fees, tariffs, licenses or other costs or expenses associated with performance on this contract other than those specifically referenced herein.

PAGE 10 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

2.6 Performance Objectives:

2.6.1 Performance Objective – Storage: The contractor shall store all containers and chassis in a secure location that is protected against theft and vandalism.

2.6.2 Performance Objective – Container Cleaning: As directed by AMW, clean containers in accordance with MIL-STD 3004 (C), listed in Appendix C.

2.6.3 Performance Objective – Transportation: The contractor shall transport containers with chassis to locations listed in

Appendix A for filling with lube oils and fuel additives. Once filled, equipment will be transported to the port to IAW instructions and guidance provided by AMW.

2.7 Insurance Requirements:

2.7.1 Cargo Insurance: The Contractor shall provide cargo insurance, at its own expense, as required by law, at least equal to the value of the cargo transported.

2.7.2 Liability, Pollution and Environmental Insurance: Contractor shall provide at its own expense, the appropriate amount of insurance as required by law.

2.7.3 Policy Notification: The contractor shall provide copies of cargo, public liability, and pollution liability insurance certificates to the CO prior to contract award and each time there is a change in coverage or policy renewal.

2.7.4 Written Notice: The Contractor shall furnish a written notice to the CO, 30 days in advance of the effective date of any reduction in, or cancellation of the cargo, public liability, or pollution liability insurance policies.

2.8 General:

2.8.1 Damage and Loss Reports: During operation under this contract, in all instances where cargo, contractor’s equipment, or private or Government property is damaged, lost, or pilfered while in the care, custody, or possession of the contractor or through handling by the contractor’s employees, agents, or subcontractors, the contractor shall submit a full written report of the facts and the extent of such damage or loss to the COR within 24 hours following the occurrence or discovery. Details should include how the damage occurred, investigation detail, and an estimate of how and when reimbursement for damages will occur.

2.8.2 Visits: Government personnel, including but not limited to the COR and QAR, may make announced periodic visits to the contractor's facilities to observe daily operations. Announced visits will follow a 1-day prior notice to the contractor. During these visits, the contractor shall provide knowledgeable personnel to tour and inspect the areas. The CO and/or his representative will make periodic inspections.

2.8.3 Additional Regulations Compliance: The contractor shall maintain and operate all equipment in accordance with applicable

U.S. Department of Transportation (DOT), federal and state laws, and military regulations, including applicable regulations of the Commander, DLA Energy. Compliance with the following regulation is mandatory:

DOD 4500.9R, Defense Transportation Regulation (DTR), September 2009. Note: DOD 4500.9-R can be accessed through the following web site, www.transcom.mil. Follow the link to Defense Transportation Regulations. If you have any questions or need assistance in obtaining access to the link, contact DLA Energy-FENBA at (703) 767-9289.

2.8.4 Security: The Contractor shall provide a secure 24 hour location for all DoD–Leased Bulk Fuel Containers with Chassis to protect against theft and vandalism under the direct control of the Contractor.

PAGE 11 OF 38 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

http://www.transcom.mil/

2.8.5 Service Delivery Summary (SDS): The SDS represents important contract objectives that, when met, will ensure contract performance is satisfactory. Although not all PWS requirements are listed in the SDS, the contractor is fully expected to comply with all requirements in the PWS. The SDS serves as a point of reference for the contractor and Government to measure the services provided. The CO will issue a Contractor Discrepancy Report when the contractor’s performance is unsatisfactory. The contractor shall reply in writing within 24 hours, giving reasons for unsatisfactory performance and identifying the corrective action(s) to be taken to prevent recurrence.

APPENDIX A: Definitions

Contractor: The individual, person or group of persons, partnership, company or corporation specifically named and contracted by/with the Government to fulfill the terms of this contract document. The term “Contractor” as used herein refers to the partnership, company or corporation as a whole or any individual, attendant, technician, operator, driver, dispatcher, or laborer who may be acting on behalf of the Contractor.

Contracting Officer (CO): Includes Procurement Contracting Officer (PCO) and Administrative Contracting Officer (ACO) functions.

Contracting Officers Representative (COR): The individual designated in writing by the contracting officer to act as the contracting officer’s authorized representative to monitor specific aspects of the contract and take action as authorized in the letter of appointment.

Quality Assurance Representative (QAR): Government representative with duties to perform, inspect, administers, and/or advise on work concerned with assuring the quality of products, equipment and services acquired and used by the Government.

Force Majeure: Force Majeure literally means "greater force". These clauses excuse a party from liability if some unforeseen event beyond the control of that party prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural disasters or other "Acts of God", war, or the failure of third parties--such as suppliers and subcontractors--to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party.

Out-of-Pocket: Local port fees or similar charges incurred. Such fees or expenses may include those for tolls, port charges, or charges for minor repairs.

Appendix B: Abbreviations And Acronyms

ABBREVIATIONS AND ACRONYMS

AMW DLA Energy Americas West

DoD Department of Defense

DoT Department of Transportation

DTR Defense Transportation Regulation

FSII Fuel System Icing Inhibitor

NMT No More Than

POE Port of Embarkation

SDS Service Delivery Summary

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Appendix C: Performance Objectives

Performance Objectives PWS Paragraph Performance Thresholds

Storage

2.6.1 100% Accountability of equipment while in the possession of the contractor

Container Cleaning

2.6.2

NMT two (2) failures per year to provide equipment clean and free of contaminates

Transportation

2.6.3 NMT four (4) failures per year to deliver equipment to designated locations.

APPENDIX D: MIL-STD-3004C (Excerpt)

Minimum Requirements for the Preparation of truck (TT), tank cars, truck (tank wagons (TW), tank & trailer (TRR), and Intermodal Containers (IMC). Excerpt from MIL-STD-3004C w/Change 1

TABLE XXVI. Conversion chart for truck (TT), tank cars, truck (tank wagons (TW), tank & trailer (TRR), and Intermodal Containers (IMC)) 1, 2

PRODUCT TO BE LOADED

LAST

PRODUCT

CARRIED

Gasolines:

GASOHO,

MOGAS,

E85, AVGAS,

JP-4, Jet B

Jet Fuels:

Jet A/A-

1, JP-8,

JP-5,

TS-1,

KS-1/R/N,

Jet Fuel 3:

JPTS

RP1 /RP2 JP-10/PF-1 Diesel Fuels:

F-76,MGO,

LS-1/2/S/W,

DL-S/W,

DS-1/2/S/W,

DF1,D F2,

HS-1/2,FS1,

FS2,FL- 2/4,

SF-2 ULSD

FSII 4 Lubricating Oils

Gasolines:

GASOHOL,

MOGAS, E85,

AVGAS, JP-4,

Jet B

Drain/Empty Steam Dry5 Steam Dry Steam Dry Steam Dry Steam Dry Steam Dry Steam Dry

Jet Fuels:

Jet A/A-1, JP-8, JP- 5, TS-

1, KS-1/R/N

Drain/Empty Drain/Empty Steam Dry Steam Dry Steam Dry Drain/Empty 6, 7

Steam Dry Steam Dry

Jet Fuel: JPTS Drain/Empty Drain/Empty Drain/Empty Drain/Empty Steam Dry Drain/Empty Steam Dry Steam Dry

Steam Dry

RP1/RP2 Steam Dry Steam Dry Steam Dry Drain/Empty Steam Dry Steam Dry Steam Dry Steam Dry JP-10/PF-1 Steam Dry Steam Dry Steam Dry Steam Dry Drain/Empty Steam Dry Steam Dry Steam Dry Petroleum Solvent or Paint Thinner

Steam Dry Steam Empty Steam Dry Hot Water Rinse &Dry

Steam Dry Steam Dry Steam Dry Steam Dry

Diesel Fuels:

F-76, MGO,

LS- 1/2/S/W,

DL- S/W,DS-

1/2/S/W, DF1,DF2,HS-

1/2,FS1, FS2,

FL-2/4, SF-2

ULSD

Steam Dry Drain/Empty Steam Dry Steam Dry Steam Dry Drain/Empty 6, 7

Steam Dry Steam Dry

FSII Drain/Empty Drain/Empty Steam Dry Steam Dry Steam Dry Drain/Empty Drain/Empty Steam Dry Lubricating Oils

NO LOAD NO LOAD NO LOAD NO LOAD NO LOAD Steam Dry NO LOAD Drain/Empty

Biodiesel Blends<B15

Steam Dry Steam Dry Steam Dry Steam Dry Steam Dry Steam Dry, 10 Steam Dry Steam Dry

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Biodiesel Blends>B15

Steam Dry Steam Dry NO LOAD NO LOAD NO LOAD Steam Dry, 10 Steam Dry Steam Dry

TABLE XXVI.

Conversion chart for truck (TT), tank cars, truck

(tank wagons (TW) tank & trailer (TRR), and Intermodal Containers (IMC)) 1, 2 – Continued

PRODUCT TO BE LOADED

LAST

PRODUCT

CARRIED

Gasolines:

GASOHO,

MOGAS,

E85, AVGAS,

JP-4, Jet B

Jet Fuels:

Jet A/A-

1, JP-8,

JP-5,

TS-1,

KS-1/R/N,

Jet Fuel 3:

JPTS

RP1 /RP2 JP-10/PF-1 Diesel Fuels:

F-76,MGO,

LS-1/2/S/W,

DL-S/W,

DS-1/2/S/W,

DF1,D F2,

HS-1/2,FS1,

FS2,FL- 2/4,

SF-2 ULSD

FSII 4 Lubricating Oils

ASTM D975

No. 4D, FS4,FS5,FS6, IFOs

NO LOAD NO LOAD NO LOAD NO LOAD NO LOAD NO LOAD NO LOAD NO LOAD

Naphtha Drain/Empty Steam Dry Steam Dry Steam Dry Steam Dry Steam Dry Steam Dry Steam Dry Petroleum Solvent/Paint Thinner

Steam Dry Steam Dry Steam Dry Steam Dry Steam Dry Steam Dry Steam Dry Steam Dry

1. General Instructions for Tank Cars and Trucks :

a. Conveyances carrying lubricating oil shall be dry and free from loose rust, scale, and dirt. Conveyances carrying other products shall be substantially free from loose rust, scale, dirt.

b. Saran lined equipment should not be steam cleaned; water wash should suffice.

c. Petroleum products l shall not be loaded into the conveyances whose previous cargo was caustic, acid, or chlorinated solvents.

d. Trucks in liquid fertilizer service shall not load aviation turbine fuels directly, but shall carry out at least two loads of commercial gasoline prior to the aviation turbine fuel load.

e. Conversion of Government-owned tank cars from liquid fertilizer service to aviation turbine fuel service shall only be done when no other alternative exists. Tank cars being converted from liquid fertilizer service to a petroleum product shall be adequately cleaned to remove all traces of liquid fertilizer. At a minimum the equipment must be steam cleaned; dried and will be free from loose rust, scale, and dirt. After cleaning, equipment with unlined compartments should have its compartments lined with an approved coating at this time. Conveyances carrying their initial load of aviation turbine fuel following conversion shall not be released from the loading until they have been sampled a minimum of 24 hours after loading point. The sample shall undergo Type B-2 tests plus Thermal Stability Test (if required by the product specification). After Type B-2 tests indicate compliance with specification requirements, the conveyance can be released pending results of the Thermal Stability tests. The conveyance shall not be unloaded until the loading point notifies the destination that the Thermal Stability test (when required) has passed. When the above condition applies, the DD-250 shall be so noted.

2. Each Military Service shall provide specific guidance for conversion of refueling equipment which exclusively handles Service petroleum products, e.g.: Air Force guidance is contained in T.O. 42B- 1-1, Table 3-1.

3. To be loaded only in aluminum or stainless steel conveyance, or other conveyance lined with an approved epoxy coating. If equipment is coated, clean with hot fresh water not exceeding 58°C (136 °F) and dry thoroughly.

4. For previous cargoes not listed, contact DLA-ENERGY-QA for acceptability/cleaning procedures.

5. For an additional policy on steam cleaning for JP-8 see 5.3.1.2.

6. If previous cargo contained dye marker, all traces of color must be removed.

SECTION E - INSPECTION AND ACCEPTANCE

52.246-04 INSPECTION OF SERVICES - FIXED PRICE (AUG 1996) FAR

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) DFARS

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E1.01 E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF SERVICES (DLA ENERGY JAN 2012) If any inspection or test is made by the Government on the premises of the Contractor or subcontractor, the Contractor without additional charge shall provide all reasonable facilities and assistance for the safety and convenience of the Government inspectors in the performance of their duties.

E22.01

E22.01 QUALITY REPRESENTATIVE (DLA ENERGY) (JUL 1992)

The Quality Office assigned inspection responsibility under this contract is:

DLA Energy Pacific Guam – at Singapore 65-6750-2070/315-421-2070 65-6750-2013/315-421-2013 Emergency - If unable to reach the regional office, contact DLA Energy Command Control Center 703-767-8420

E35

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

(a) DEFINITION: As used in this contract provision:

Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract.

Extraordinary situation means the matter cannot await resolution until the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded).

Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method. Approval is on a case-by-case basis and is normally for a set period of time.

(b) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(c) The following procedures shall be used to request a deviation or waiver.

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or QUALITY REPRESENTATIVE contract provision of this contract. Each request shall provide the following information: Contractor name; name and contact information of the contractor’s authorized negotiator; contract number; contract line item number and product nomenclature, clause or contract provision number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and an agreement to pay an equitable price reduction, estimated and proposed by DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy relative to approval of the deviation or waiver.

(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420.

(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS contract provision of this contract.

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(4) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $500, which covers administrative costs, plus any additional cost of Government reinspection or retest, if necessary.

(5) If a deviation or waiver is granted modifying this contract, but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $1000, a second contract modification shall be issued reducing the Contractor's obligation to $1000 (the administrative cost of issuing the two required modifications), plus, if appropriate, any cost of Government reinspection or retest performed as a result of the deviation or waiver being granted.

(d) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES – FIXED-PRICE, INSPECTION OF SERVICES – FIXED PRICE, or CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS contract provision, then in no event will consideration be less than $500 to cover administrative costs. This $500 fee is in addition to—

(1) Consideration commensurate with the extent of nonconforming supplies; and

(2) Cost of Government reinspection or retest, if necessary.

The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.

(e) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency, resulting from the delivery of nonconforming supplies under a DLA Energy contract.

(f) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, but not limited to, rejecting the supplies or services whenever feasible and documenting the Contractor's performance records.

SECTION F - DELIVERIES OR PERFORMANCE

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

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

F1.101-2

F1.01-2 BUNKERING PROVISIONS (DLA ENERGY JAN 2012)

(a) DELIVERY CONDITIONS.

(1) Unless otherwise specified, all items require delivery f.o.b. destination by means of transport truck, truck and trailer, tank wagon, pipeline, or barge under the following conditions:

(i) Delivery By Pipeline (ex-pipe at pier or wharf). Into Government vessel at a pier or wharf where the following conditions can be met: Pier must accommodate vessels up to 30 feet in draft, 600 feet in length with a displacement of approximately 9,000 tons.

Pier must be serviced by a pipeline capable of delivering bunker fuel into the Government vessel at approximately 2,000 barrels per hour. The Contractor will provide a minimum 100-foot length of 4- to 6-inch hose and line handlers.

(ii) Delivery By Barge. Barge capacity of 2,000 - 5,000 barrels with pump/motor to discharge cargo to the Government vessel at approximately 1,500 to 2,000 barrels per hour. The Contractor must provide a clean barge suitable for loading bunker fuel. The Contractor will provide a minimum 100-foot length of 4- to 6-inch hose. The Contractor shall not be required to provide any additional hose unless requested by the receiving activity and accepted by the Contractor. The Contractor shall not be required to hook up hoses with the receiving conveyance prior to scheduled delivery time. When delivery of residual fuels is by barge, the Contractor may deliver using a heated barge for ease of flow.

(iii) Delivery By Tank Truck, Truck And Trailer, Or Tank Wagon. Truck delivery to a berthing pier, provided the berthing pier which must accommodate a Government vessel up to 30 feet in draft, 600 feet in length with a displacement of 9,000 tons. When delivery is made by tank wagon, such wagon shall be equipped with pump, meter, and a minimum of 100 feet (30 meters) of hose. Where delivery is made by transport truck or truck and trailer, such delivery equipment shall be equipped with a minimum of 15 feet of hose. At the Contractor’s option, a transport truck may be substituted for items requiring delivery by truck and trailer.

(iv) Connections. Pump and hose connections to fit requesting vessels shall be provided by the Contractor for each delivery.

(v) Order Size Capacity. Ordered delivery quantities may require multiple delivery conveyances and/or return trips at less than a full load to satisfy the Government's requirement.

(2) Unless otherwise specified in the Schedule and/or contract, delivery into Government vessels (to include dredges & barges) by means of transport truck, truck and trailer, tank wagon, or pipeline shall be made at the specific time specified in the order, provided that such order shall have been received by the Contractor at least 24 hours prior to the specific time such delivery is required to be made. Deliveries by barge shall be made at the specific time specified in the order, provided that such order shall have been received by the Contractor at least 48 hours prior to the specific time such delivery is required to be made. However, if an item in the Schedule annotates a specific response/delivery time restriction/requirement, the Schedule shall dictate. Also see the SUPPLIES TO BE FURNISHED (SHIPS' BUNKERS) contract provision.

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(3) The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to reasonably assure that delivery can be made without damage to vegetation and asphalt pavement adjacent to vessels being bunkered. The Contractor's delivery personnel who have not exercised reasonable care and delivery equipment which is poorly maintained, may be refused entrance to the bunkering location by the installation Commander, the port authorities and/or US Coast Guard. The Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed lay-time and applicable free time. All delivery equipment and personnel must meet all environmental requirements for over water (marine) fuel deliveries. This is to include the requirements to have an approved U.S. Coast Guard Oil Response Plan for domestic ports.

(4) Unless otherwise specified in the Schedule and/or contract, orders placed under this contract may be cancelled by an authorized Ordering Officer within the following time period without incurring cancellation charges—

(i) Delivery into Government vessels (to include dredges and barges) by means of transport truck, truck and trailer, tank wagon, Marine Service Station, or pipeline: No less than 24 hours prior to the specific time such delivery is required to be made;

(ii) Deliveries by barge: No less than 48 hours prior to the specific time such delivery is required to be made; or

(iii) No less than the minimum delivery notice as stated in the Schedule, if different from the above.

(b) LOADING TEMPERATURE. Product offered as bunkers to U.S. Navy and Coast Guard Vessels (excluding those controlled by the Military Sealift Command) shall not exceed 49 degrees Celsius (120 degrees Fahrenheit) temperature at time of delivery. On all other bunkerings the product shall be at least 5.5 degrees Celsius (10 degrees Fahrenheit) below the flash point of the product and in no case higher than 66 degrees Celsius (150 degrees Fahrenheit) if the tanks are uncoated, or 57 degrees Celsius (135 degrees Fahrenheit) if coated; PROVIDED, however, that in no event shall the difference between the temperature of the product entering the tanker manifold and the recorded temperature of the seawater at the tanker's condenser intake exceed 39 degrees Celsius (70 degrees Fahrenheit); PROVIDED, further, that the Master of the vessel may authorize loading the product at a temperature higher than specified above so long as the temperature of the product remains at least 5.5 degrees Celsius (10 degrees Fahrenheit) below the flash point of the product.

(c) DETERMINATION OF QUANTITY. The quantity of supplies furnished under this contract shall be determined as follows:

(1) DELIVERY BY BARGE. On items delivered by barge, the quantity shall be determined (at the Contractor's option) on the basis of--

(i) Origin Shore Tank Measurements. If the vessel is unable to receive any or all of the delivery, the Contractor must immediately notify the DLA Energy Contracting Officer of the circumstances and provide documentation to substantiate the quantity and location where excess product has been off-loaded); or

(ii) Calibrated Meter; or

(iii) Gauging the barge before and after delivery.

(iv) The Government reserves the right to have a representative present to witness the measurement of quantity.

(2) DELIVERY BY PIPELINE OR FROM MARINE SERVICE STATION INTO VESSEL. On items delivered by pipeline or from Contractor's marine service station, the quantity shall be determined (at the Contractor's option) on the basis of--

(i) Origin shore tank measurements; or

(ii) Calibrated meter.

(iii) The Government reserves the right to have a representative present to witness the measurement of quantity.

(3) DELIVERY BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON INTO VESSEL. On items delivered by TANK TRUCK/TRUCK AND TRAILER/TANK WAGON, the quantity shall be determined (at the Contractor’s option) on the basis of--

(i) Calibrated meter; or

(ii) Certified capacity tables. The tables must be made available at the time of delivery; or

(iii) Certified tank calibration markers. Certified tank calibration markers will not be accepted unless the conveyance is full to the marker and the entire quantity is delivered; or

(iv) The net quantity determined at the loading point by a calibrated loading rack meter or calibrated scales. This quantity must be mechanically imprinted on the loading rack meter ticket that is generated by the loading rack meter or calibrated scales. If this method is used, the Government reserves the right to determine the quantity received at time of delivery by any valid means available.

(v) The Government shall have the right to have a representative present to witness the measurement of quantity.

(vi) In any case, at the Government's option, quantity may be determined at the receiving activity on the basis of--

(A) Weight, using calibrated scales; or

(B) A calibrated meter on the receiving tank system.

(vii) The Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

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(4) WATER BOTTOMS.

(i) Every delivery must be free of all water bottoms prior to discharge; and

(ii) The Contractor is responsible for their removal and disposal.

(5) VOLUME CORRECTION. Volume correction to liters at 15 degrees Celsius (or gallons at 60 degrees Fahrenheit) is required for--

(i) All product volumes determined by gauging.

(ii) All product volumes determined by loading rack meters.

(iii) All pipeline tenders.

(iv) All product volumes determined by weight.

(v) All product volumes determined by meters or calibrated markers that are in excess of 20,000 liters (5,000 gallons) or that have a kinematic viscosity equal to or greater than 5.5 mm3/s.

(6) MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS). Outside of the United States, other technically equivalent national or international standards may be used. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor. In addition, the following specific standards will be used as applicable:

(i) API MPMS Chapter 11.1, Volume Correction Factors (API 2540/ASTM D 1250/IP 200/ISO 91-1). Either the printed version or the computer subroutine versions of the standard may be used.

(A) Use Volume VIII, Tables 53B and 54B (or Volume II, Tables 5B and 6B) for all bunker fuels.

(B) Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Celsius to barrels at 60 degrees Fahrenheit, except when this method is restricted by foreign law. Convert liters at 15 degrees Celsius to cubic meters at 15 degrees Celsius by dividing by 1,000.

Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42. Should foreign law restrict conversion by this method, the method required by law shall be stated in the offer.

(C) If the original measurement is by weight and quantity is required in U. S. gallons, then--

(a) Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit.

(b) Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.

(D) If the original measurement is by volume and quantity is required in metric tons, then metric tons shall be calculated by multiplying the volume in (m3) at 15 degrees Celsius by the density (in kg/m3) at 15 degrees Celsius. Convert kilograms to metric tons by dividing by 1,000.

(ii) API MPMS Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent.

(d) BACK-HAUL. NOTE: Navy and USCG regulations may require certain vessels to "top-off" for maintaining a specific reservoir of fuel quantity on-board at all times when on stand-by mode. In addition, instability of the vessel in water may result in variances between the quantity ordered vice receivable by the vessel resulting in returned product.

(1) On f.o.b. destination deliveries as ships’ bunkers, excess quantities ordered but not accepted by the Government will be referred to as back-haul. Back-haul charges are only those transportation charges associated with returning the excess quantities to the supply terminal or, if not returnable, incurred demurrage until the product is sold off the barge or truck all resulting in back-haul.

Contractors shall limit the time product remains in transit or on-board the barge or truck until sold to another party to mitigate costs.

Failure to do so may result in denial of the claim.

(2) Any back-haul remaining after delivery has been made will be handled as follows:

(i) SEA Card Order Management System (SCOMS) Orders.

(A) Charges for detention are deemed ancillary, non-fuel charges and are the responsibility of the activity incurring them.

In accordance with the SUBMISSION OF INVOICES FOR NON-FUEL CHARGES – LOCAL PURCHASE PAYMENT REQUIREMENTS (FUEL CARD SERVICES) contract provision, the Contractor shall invoice these charges using SCOMS, upon approval by the activity, the Credit Card Processor (CCP) will pay the Contractor and the CCP will then bill the receiving activity.

(B) In the event the incurring activity disputes the charge(s), the DLA Energy Contracting Officer in accordance with procedures set form in subparagraph (ii) below for non-SCOMS orders. The Contractor may include the SCOMS processing fee as parts of its claim which must be clearly identified and expresses as a whole number, not a percentage.

(ii) Non-SCOMS Orders

(A) The Contractor shall notify the Contracting Officer and the Ordering Officer as to the amount and type of product not taken by the vessel and the location(s) that caused the back-haul.

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(B) The Contractor shall file a claim against the Government for returned quantities. This claim shall be submitted to the Contracting Officer in accordance with procedures set forth in paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause. For back-haul: A copy of the transportation provider’s and/or supplier’s invoice for the transportation cost must be provided as evidence to substantiate the actual cost of transportation cost per unit of issue. For demurrage leading to sold product: A detailed copy of the incurred demurrage charge must be provided as evidence to substantiate the demurrage rate. A copy of the written fuel order (as cited in the SUPPLIES TO BE FURNISHED (BUNKERS) contract provision) and signed receiving reports from the Government must also be submitted for all claims described above.

(C) Claims shall be forwarded to the Contracting Officer, with supporting documents, no later than 120 days after the original delivery date, failing which the Government shall be discharged from any and all liability in respect thereof.

(3) Product downgraded due to its inability to be reintroduced into a terminal shall be treated as a separate claim unlike back-haul.