Solicitation_SPE600-15-R-0704.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0056609069

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE600-15-R-0704

5. SOLICITATION NUMBER

2015 JAN 14

6. SOLICITATION ISSUE

DATE

Kathryn Sanchez PVEFEAH

a. NAME

Phone: 703-767-8563

b. TELEPHONE NUMBER (No Collect calls)

2015 FEB 13

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

63PAGE 1 OF

01:00 PM

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

1. The enclosed solicitation covers the periods:

APRIL 1, 2015 through MARCH 31, 2016

2. The following tentative negotiation schedule is provided for planning purposes. Note this schedule is subject to change at any time:

INITIAL OFFER CLOSING DATE: February 12, 2015 at 1:00 PM local Fort Belvoir, VA Time NEGOTIATIONS OPEN: February 18, 2015

3. 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 for any Government agency, is voidable at the option of the Government.

4. For emergency situations during non-duty hours, the number to contact is (703) 767-8420 at the DLA ENERGY Operations Center, Contingency Plans and Operations Division (DLA ENERGY – QED).

5. INSTRUCTIONS ON SUBMITTING OFFER:

a. The following items MUST be returned to DLA Energy to constitute a valid offer:

i. STANDARD FORM 1449 with blocks 17a and 30a – c completed.

ii. The following vendor fill-in clauses/provisions in this solicitation must be completed:

1. B34.01

2. G9.07-5

3. DLAD 52.233-9001 (if applicable)

4. FAR 52.209-05

5. FAR 52.209-07

6. DFARS 252.209-7998

7. DFARS 252.209-7999

8. FAR 52.212-03 with Alternate I

9. K33.01

10. K86

b. The e-mail address in which to submit offers is: BulkFuelsBidCustodian@dla.mil.

c. By submission of this package, you are stating that ALL terms and conditions of the entire solicitation are accepted and apply to your offer unless clearly stated herein.

d. Offerors must acknowledge receipt and acceptance of all amendments to this solicitation.

6. Offerors are encouraged to review the evaluation factors found at FAR 52.212-2 within this solicitiation to ensure that a complete proposal is submitted.

PAGE 3 OF 63 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE600-15-R-0704

Section B

PAGE 4 OF 63 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B34.01

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:

CLIN SUPPLIES/SERVICES EST QTY UNIT UNIT TOTAL

OF ISSUE PRICE PRICE

REFUEL/DEFUEL SERVICES (BASE PERIOD, 01 APRIL 2015 – 31 MARCH 2016)

1001 Operation Charge 10 JOB $_____ $______ 60 MTON to 500 MTON (Approx. 15,840 USG to 132,000 USG)

1002 Operation Charge 7 JOB $_____ $______

500.1 MTON to 1,000 MTON

(Approx. 132,001 USG to 264,000 USG)

1003 Operation Charge 2 JOB $_____ $______

1,000.1 MTON to 1,500 MTON (Approx. 264,001 USG to 475,000 USG)

1004 Cancellation Charge 2 JOB $_____ $______ 60 MTON to 500 MTON (Approx. 15,840 USG to 132,000 USG)

1005 Cancellation Charge 1 JOB $_____ $______

500.1 MTON to 1,000 MTON

(Approx. 132,001 USG to 264,000 USG)

1006 Cancellation Charge 1 JOB $_____ $______

1007 Demurrage Charge 10 HOUR $_____ $______

(Approx. 15,840 USG to 132,000 USG)

1008 Demurrage Charge 7 HOUR $_____ $______

500.1 MTON to 1,000 MTON

(Approx. 132,001 USG to 264,000 USG)

1009 Demurrage Charge 2 HOUR $_____ $______

ESTIMATED TOTAL (BASE PERIOD) $______

PAGE 5 OF 63 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

REFUEL/DEFUEL SERVICES (OPTION PERIOD I, 01 APRIL 2016 – 31 MARCH 2017)

2001 Operation Charge 10 JOB $_____ $______ 60 MTON to 500 MTON (Approx. 15,840 USG to 132,000 USG)

2002 Operation Charge 7 JOB $_____ $______

500.1 MTON to 1,000 MTON

(Approx. 132,001 USG to 264,000 USG)

2003 Operation Charge 2 JOB $_____ $______

2004 Cancellation Charge 3 JOB $_____ $______

(Approx. 15,840 USG to 132,000 USG)

2005 Cancellation Charge 2 JOB $_____ $______

500.1 MTON to 1,000 MTON

(Approx. 132,001 USG to 264,000 USG)

2006 Cancellation Charge 1 JOB $_____ $______

2007 Demurrage Charge 10 HOUR $_____ $______

(Approx. 15,840 USG to 132,000 USG)

2008 Demurrage Charge 7 HOUR $_____ $______

500.1 MTON to 1,000 MTON

(Approx. 132,001 USG to 264,000 USG)

2009 Demurrage Charge 2 HOUR $_____ $______

ESTIMATED TOTAL (OPTION PERIOD I) $______

PAGE 6 OF 63 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

REFUEL/DEFUEL SERVICES (OPTION PERIOD II, 01 APRIL 2017 – 31 MARCH 2018)

3001 Operation Charge 10 JOB $_____ $______ 60 MTON to 60 MTON to 500 MTON (Approx. 15,840 USG to 132,000 USG)

3002 Operation Charge 7 JOB $_____ $______

500.1 MTON to 1,000 MTON

(Approx. 132,001 USG to 264,000 USG)

3003 Operation Charge 2 JOB $_____ $______

3004 Cancellation Charge 3 JOB $_____ $______ 60 MTON to 60 MTON to 500 MTON (Approx. 15,840 USG to 132,000 USG)

3005 Cancellation Charge 2 JOB $_____ $______

500.1 MTON to 1,000 MTON

(Approx. 132,001 USG to 264,000 USG)

3006 Cancellation Charge 1 JOB $_____ $______

3007 Demurrage Charge 10 HOUR $_____ $______ 60 MTON to 60 MTON to 500 MTON (Approx. 15,840 USG to 132,000 USG)

3008 Demurrage Charge 7 HOUR $_____ $______

500.1 MTON to 1,000 MTON

(Approx. 132,001 USG to 264,000 USG)

3009 Demurrage Charge 2 HOUR $_____ $______ 1,000.1 MTON to 1,500 MTON

ESTIMATED TOTAL (OPTION PERIOD II) $______

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

Performance Work Statement

PERFORMANCE WORK STATEMENT

TABLE OF CONTENTS

PAGE 7 OF 63 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

1. General

1.1. Scope

1.1.1. Period of Performance

1.1.2. Hours of Operation

1.1.3. Demurrage

1.2. Safety and Security

1.2.1.

1.2.2.

Regulatory Compliance Safety and Health of Personnel

1.2.3. Death or Injury to Personnel

1.2.4. Heightened Vigilance

1.3. Damage and Loss Reports

1.4. Quality and Performance

1.4.1. Contractor Quality Control, Reporting And Records

1.4.1.1. Quality Control Plan

1.4.1.2. Problem/Failure

1.4.1.3. Use of Quality Control Performance Information

1.4.2. US Government Quality Assurance

1.4.2.1. Performance Measurement

1.4.2.2. Visits

1.5. Insurance Requirements

1.5.1. Cargo Insurance

1.5.2. Liability, Pollution and Environmental Insurance

1.5.3. Policy Notification

1.5.4. Written Notice

2. US Government Responsibilities

2.1. Ordering Officer Responsibilities

2.1.1. Cargo Routing

2.1.2. Order Services

2.1.3. Contact Information

2.1.4. Acknowledge Receipt

2.1.5. Measure, Verify, and Document Cargo

2.1.6. Notify Customer Vessels

2.1.7. Authorize Access

2.1.8. Supply Required Forms

2.1.9. Provide a Safe Berth

2.1.10. Inspect and Accept Equipment

3. Contractor-Furnished Equipment and Crew

3.1. Barge Equipment

3.1.1. Cargo Pumping System

3.1.2. Cargo Tank Stripping System

3.1.3. Water Stripping System

3.1.4. Gauge Point Marks, Strapping Tables, Trim Charts and Calibration

3.1.5. Stainless Steel Tanks

3.1.6. Steel Valves

3.1.7. Split Rails

3.1.8. Sectional Fuel Delivery Hose

3.2.

3.2.1.

Barge Initial Inspection and Acceptance Performance Objective – Pre-Service Inspection

3.3. Maintain, Position, and Operate Equipment

PAGE 8 OF 63 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

3.4. Provide a Licensed Tankerman

4. Contractor Tasks and Duties

4.1. Performance Objective – Availability for Service

4.1.1. Barge Identification Information

4.1.2. Delay in Performance

4.1.3. Failure to Perform

4.2.

4.2.1.

Cargo Delivery Services Loading Cargo

4.2.2. Discharging Cargo

4.2.3. Defueling Cargo

4.3. Responsibility for Cargo

4.3.1. Loss Or Damage Liability

4.3.2. Contamination or Degradation Liability

4.3.3. Gauging

4.3.4. Carry Away Liability

4.3.5. Disposal of Excess Product

4.3.6. Disposal of Defueled Product

4.4. Reporting and Communication

4.4.1. Performance Objective – Readiness Notice

4.4.2. Performance Objective - Cargo Documentation

4.5. Responsibility for Damage to US Government Property

4.5.1. Damage Due To Contractor Negligence

4.5.2.

4.6.

4.6.1.

4.6.2.

4.6.3.

4.7.

Prevent Damage To Facilities Cancellation of Delivery Order Timely Cancellation Late Cancellation Extenuating Circumstances Service Delivery Summary

5. Reimbursable Expenses

5.1. Contracting Officer’s Representative (COR )Approval

5.2.

5.2.1

Out-of-Pocket Expenses Tolls and Charges

5.2.2. Assist Tugs

5.2.3. On-Call Additional Tankerman Expenses

5.2.4. Excess Cleaning Costs

6.

Appendix A Appendix B Appendix C Appendix D

Estimated Refuel/Defuel (Job) Requirements

Definitions Minimum Requirements for the Preparation of Barge Cargo Tanks Applicable Forms Berth Information

PAGE 9 OF 63 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

1. General.

1.1. Scope. This contract covers the transportation of United States Government-owned Naval Distillate Fuel (F76) by barge from the Sembawang Wharves at the Senoko Oil Fuel Depot (OFD), Singapore to DoD-owned or chartered Customer vessels moored at Changi Naval Base, Singapore. This contract also covers removal (defueling) of F76 from Customer vessels moored at Changi Naval Base (CNB), Singapore. This performance shall be provided by barges compliant with all Singapore maritime laws. The contractor shall be capable of providing fuel barges for deliveries/defuels within the following quantity range:

60 MTON to 500 MTON (Approx. 15,840 USG to 132,000 USG)

500.1 MTON to1,000 MTON (Approx. 132,001 USG to 264,000 USG)

1,000.1 MTON to 1,500 MTON (Approx. 264,001 USG to 475,000 USG)

A single barge per delivery is preferred. However, multiple barges will be acceptable for a single delivery provided the conditions of Sections 3.2.1 and 4.1.1 are met for each barge.

1.1.1. Period of Performance. The period of performance is a base period with two one-year option periods. Exercise of the option years will be at the sole discretion of the US Government. The period of performance is as follows:

- Base period 1 April 2015 – 31 March 2016

- First option period 1 April 2016 – 31 March 2017

- Second option period 1 April 2017 – 31 March 2018

1.1.2. Hours of Operation.

Normal operating hours for loading at OFD are 0800 to 1630, Monday through Friday. Normal operating hours for delivery are first light (approximately 0700) to sunset (approximately 1800), Monday through Friday. Loading typically occurs one day prior to delivery. Demurrage will not be charged to the US Government for the hours between completion of loading and scheduled delivery time. For Customer vessels moored at CNB, vetting (inspection and security screening) is required prior to each delivery. Vetting is normally conducted at first light, regardless of actual scheduled delivery time. Demurrage will not be charged to the US Government during the hours between completion of vetting and scheduled delivery time. Each two-day delivery is considered an individual job (See Section 6 – Estimated Refuel/Defuel (Job) Requirements).

1.1.3. Demurrage. The Customer vessel will be allowed 120 minutes after scheduled delivery time to commence delivery. If the Customer vessel is responsible for delays beyond 120 minutes, the contractor is entitled to payment for demurrage as identified in the CLINS in Schedule B. Where delays are attributed to causes beyond the control and without the fault or negligence of the Contractor or the U.S. Government, the contractor is entitled to payment of demurrage for one-half of the delay. Such circumstances include acts of God or of the public enemy; fires; floods; epidemics and severe weather.

1.2. Safety and Security.

1.2.1. Regulatory Compliance.

The contractor shall maintain and operate all equipment in accordance with all applicable Singapore Maritime laws, Singapore and DoD military regulations, Sebawang Installation Management Instructions and best commercial practices. The Contractor shall be responsible for obtaining any necessary insurance, licenses and permits at no additional cost to the US Government.

1.2.2. Safety and Health of Personnel.

The Contractor is responsible for ensuring that proper safety and health precautions are taken to protect personnel, the general public, and property of others. All services shall be performed by individuals fully qualified and licensed in their relevant area. The Contractor will ensure that subcontractors comply with these requirements.

1.2.3. Death or Injury to Personnel.

In all instances where contractor’s employees are absent due to injury or death or for purposes of receiving medical attention due to an injury during or arising from performance under this contract, the contractor shall submit a full written report of the facts and the extent of such injury to the Contracting Officer's Representative (COR) within 24 hours following the occurrence of such injury or death. In addition, the contractor shall submit to the COR a written accident report of each and every accident occurring to the contractor’s employees within 24 hours after the occurrence. If an investigation of the accident is conducted, the contractor shall

PAGE 10 OF 63 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

assist the investigator in securing statements from its employees and shall make pertinent records available to the investigator and to the COR. In addition, the Contractor shall cooperate in the reporting and investigation of any environmental or health incident connected with the services provided under this contract.

1.2.4. Heightened Vigilance.

The Contractor has an obligation to be alert at all times in order to contribute to the protection of the U.S. Navy Customer vessels and US Government personnel. The Contractor shall immediately report to the ship’s officer, or nearest available Embassy official or Host Nation (HN) representative, any signs of suspicious activity in or around the site of performance. Suspicious activities include, but are not limited to, unauthorized personnel or vehicles in the vicinity of the site of performance, unusual equipment or movement of persons or supplies, and any other activity that may be perceived as a threat to United States personnel, property or interests. The Contractor also has an obligation to report any such activity perceived outside the site of performance, if such activity could reasonably have an impact on the site of performance or could be perceived as a threat to United States personnel, property or interests.

1.3. Damage and Loss Reports.

During operation under this contract, in all instances where cargo, contractor’s equipment, or private or US 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.

1.4. Quality and Performance.

The US Government and the contractor will operate as a team to assure a high standard of quality is established and maintained in the performance of the contract. This will include US Government measurement and surveillance of the contractor’s performance to document and recognize instances of superior contractor performance, and to identify areas falling short of required performance standards early so that the contractor and the US Government may work together to identify causes and eliminate problems before they become serious. The US Government’s Performance Measures and the Contractor’s Quality Control (QC) program requirements are described below.

1.4.1. Contractor Quality Control, Reporting and Records.

1.4.1.1. Quality Control Plan.

The contractor shall establish and maintain a Quality Control Plan (QCP) to ensure quality service is provided throughout the terms of the contract. The contractor shall submit a proposed QCP as part of its technical proposal. The QCP should include as a minimum a description of how the contractor intends to meet the performance objectives, provide cargo free of contamination or degradation, and should also identify those areas the contractor sees as critical to the customers for this contract, how it will monitor quality performance in those areas, and how it will maintain or exceed customer expectations, including identification and correction of problems. The contractor shall also include as part of his technical proposal a copy of the Bunker Convention Certificate issued by the Singapore Maritime Port Authority (MPA). The US Government will identify deficiencies noted during the technical evaluation to the contractor, who will be responsible for making the necessary corrections.

1.4.1.2. Problem/Failure.

The contractor shall self-identify any problem or failure that may impact contract performance. In accordance with its QCP, the contractor should notify the COR/Ordering Officer immediately of the problem, but follow-up in writing within two (2) business day to the COR/Ordering Officer a succinct written plan of action of contractor self-identification or awareness of a potential or real problem, failure or deficiency. The contractor shall detail the methodology for correcting the problem or deficiency in the plan of action, and provide an assurance of the specific time required to bring performance back to acceptable quality levels, as applicable.

1.4.1.3. Use of Quality Performance Information.

On a monthly basis, the COR will provide a contractor performance report to the CO. Information from these monthly COR reports will be compiled cumulatively to provide annual reports of past performance for use in past performance evaluations for future awards.

1.4.2. US Government Quality Assurance.

PAGE 11 OF 63 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Final determination that the services rendered are conforming is solely the responsibility of the US Government. The US Government Service Delivery Summary (SDS) is not a substitute for contractor quality control. The US Government will monitor the contractor’s performance in accordance with the SDS.

1.4.2.1. Performance Measurement.

The Contracting Officer (CO) and the COR will monitor contractor performance and compliance with the terms and the conditions of the contract in accordance with the SDS. The COR, in conjunction with the CO, will conduct periodic meetings with the contractor to discuss operations, and problem areas.

1.4.2.2. Visits.

US Government personnel, including but not limited to the COR and/or Quality Assurance Representative (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.

1.5. Insurance Requirements.

1.5.1. Cargo Insurance.

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

1.5.2. Liability, Pollution and Environmental Insurance.

Contractor shall provide at its own expense, the appropriate amount of insurance as required by Singapore law.

1.5.3. 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.

1.5.4. 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. US Government Responsibilities.

2.1. Ordering Officer Responsibilities.

NAVSUP Fleet Logistics Center, Singapore will be the ordering office under this contract. The contractor will be provided the name and contact information for the Ordering Officer at time of award. The Ordering Officer will perform the following duties:

2.1.1. Cargo Routing.

Issue cargo routing instructions to shippers.

2.1.2. Order Services.

Place delivery orders for refueling and defueling services and schedule all movements.

2.1.3. Contact Information.

Furnish the contractor with the names and contact information of persons designated as the US Government’s ordering, inspecting, and receiving representatives upon award of the contract.

2.1.4. Acknowledge Receipt.

Acknowledgement of receipt shall be completion of the barge ullage sheet (DD Form 2479) consisting of location, date of arrival, barge name/number, and cargo number and shall provide for signature by both a contractor representative and a designated US Government representative (See Appendix C.)

2.1.5. Measure, Verify, and Document Cargo.

PAGE 12 OF 63 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Arrange for measurement, verification, and documentation of all cargo remaining aboard barges after delivery, as well as the reason;

work with contractor to reduce invoice in accordance with Section 4.3.4 - Carry Away Liability or Section 4.4.4 - Disposal of Excess Product, whichever is applicable.

2.1.6. Notify Customer Vessels.

The Ordering Officer will notify the receiving Customer vessels of the scheduled arrival of the barge, including estimated date and time of arrival, barge name/number, and cargo number. However, this action does not relieve the contractor of their responsibility to provide Notice of Readiness (NOR) at a minimum of 24, 12 and 3 hours as required by paragraph 4.4.1 – Readiness Notice.

2.1.7. Authorize Access.

Arrange for an authorized representative of the contractor to have access to OFD facilities to load barges as necessary.

2.1.8. Supply Required Forms.

Supply the contractor with all forms that the contractor is required to file with the QAR and/or Ordering Officer (See Appendix C).

2.1.9. Provide a Safe Berth.

Provide a reachable and safe berth at OFD for the barge to be afloat at all times, free of dockage, wharfage, pilotage, toll, and port charges. Once loading is complete, the barge will only be allowed to remain at the pier with the coordinated request and agreement of the Ordering Officer and OFD personnel.

2.1.10. Inspect and Accept Equipment.

DLA Energy Quality Assurance Representative will conduct pre-award and/or pre-service inspections for contractor equipment (See paragraph 3.2).

3. Contractor Furnished Equipment and Crew.

The contractor shall furnish all supplies, materials, equipment, and personnel (including line handlers) necessary to perform the services incidental to the operation of the equipment listed below. The contractor and its equipment must possess a current Bunker Convention Certificate (BCC), issued by the Singapore Maritime Port Authority, for approval to operate in Singapore coastal and inland waterways. The contractor shall provide a copy of the BCC with their proposal.

3.1. Barge Equipment Requirements.

The contractor shall have sufficient self-propelled tank barges with ocean-going capability to perform deliveries of fuel in the quantities outlined in Section 1.1. All barges must be double hulled and be not more than 15 years old at anytime during the life of the contract. Contractor is required to comply with the maximum safe navigable draft and length at OFD (See Appendix D – Berth Information). Barges must be equipped with fenders to prevent damage to Customer vessels.

3.1.1. Cargo Pumping System.

All barges must have cargo pumping systems with necessary hoses and connections capable of completely discharging and stripping the cargo tanks without outside power or assistance from the shore. Prior to loading, OFD personnel will connect hoses to shore facilities and contractor will connect hoses to barge. Prior to discharge or defuel, contractor personnel will connect hoses to barge and Customer Vessel personnel will connect hoses to their vessel.

3.1.2. Cargo Tank Stripping System.

All barges must have an independent cargo tank stripping system (free from use of barge pumps, lines, or hoses) capable of stripping all but a maximum of 100 USG of product per cargo tank, not to exceed 500 USG for the entire barge. The discharge rate during tank stripping operations may be less than the minimum rates stipulated above.

3.1.3. Water Stripping System.

All barges shall have an independent water stripping system (free from use of barge pumps, lines, or hoses) capable of removing all water from each cargo compartment. In the event that a large amount of water is discovered on the barge, the contractor and US Government QAR will investigate to determine the source and cause of the water. If the water source is determined to be from the shore tank, the US Government will be responsible for the cost of removal. If the source is determined not to be the cause of the US Government, such as intake of seawater, then the contractor shall assume removal costs.

3.1.4. Gauge Point Marks, Strapping Tables, Trim Charts and Calibration.

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All barges shall contain permanent gauge point marks with reference height stenciled to the deck or compartment hatch, certified strapping tables not exceeding eight years in age (provided that no structural alterations have been performed subsequent to the calibration date), trim correction charts and legible draft markings. The contractor shall provide copies of the cargo strapping tables and trim correction charts to the US Government QAR upon request at loading and discharge points. A packet containing all strapping tables and trim correction charts pertaining to all equipment used in the performance of this contract shall be available on each tug or barge. The contractor shall provide a list showing the maximum load capacity of each barge at safe draft, updated whenever equipment or regulation or traffic area depths change. The contractor shall develop and maintain a barge gauge history for US Government use or inspection in comparing barge loaded figures to shore loading figures. Anytime the physical structure of a barge is changed, due to damage or equipment modification, the barge must be strapped again, and a new set of strapping tables and trim correction charts provided to the US Government, at no cost to the US Government.

3.1.5. Stainless Steel Tanks.

All barge cargo tanks will be constructed of either stainless steel, carbon steel that has been epoxy coated with a non-coal tar based grade of epoxy, or uncoated mild steel.

3.1.6. Steel Valves.

Steel valves shall be an integral part of all barges used in the performance of this contract. Use of copper and copper alloys (brass, bronze, etc.) in barge compartments, pipelines, heating coils, and fittings is not permitted.

3.1.7. Spill Rails.

Spill rails are required on all barges.

3.1.8. Sectional Fuel Delivery Hose.

Barge shall be equipped with 200 feet of sectional fuel delivery hose (ship or dock hose) and various coupling attachments necessary for over-the-water fuel loading to ships or other marine vessels. The contractor is liable for any damage or loss resulting from faulty equipment or caused by contractor negligence.

3.2. Barge Initial Inspection and Acceptance.

The contractor shall provide barge equipment that conforms to the specifications of this contract (see Section 3.1 Barge Equipment Requirements), and that passes the US Government’s loading inspection. US Government inspection and acceptance of the contractor’s equipment is a condition precedent to the US Government’s obligation to make payment under the delivery order.

3.2.1 Performance Objective - Pre-Service Inspection.

At the time and date specified by the US Government’s QAR, the contractor shall make its barge(s) available for inspection and acceptance by the US Government at OFD. If the contractor fails to provide conforming equipment at the designated time, the COR will notify the CO for further resolution. Barge tanks must be prepared IAW the tables in Appendix B. Any barge which previously carried “Palm Oil” is not acceptable unless the Contractor obtains a waiver from NAVSUP Energy. Barges must be presented cleaned, gas free, and free of temporary patches. The contractor shall provide a valid marine chemist certificate to the US Government QAR prior to inspection. Cargo tanks and bulkheads must be free of water, loose rust, sludge, mud, silt, and foreign objects. The contractor is responsible to take a sample of scale from inside cargo tank(s) and have it tested to determine the potential effects of the corrosion and gum characteristics on the cargo to be loaded. Contractor shall present scale sample certificate of analysis to the US Government QAR for review. The contractor shall prepare the barge for inspection at its own expense.

Acceptance of the equipment by the US Government shall in no way be construed to attest to the seaworthiness of the barge or to other requirements of the Singapore MPA. The US Government QAR will issue written confirmation of acceptance of equipment through the COR.

3.3. Maintain, Position, and Operate Equipment.

The contractor shall maintain, clean (including slop tanks), repair, position and operate its equipment to ensure its performance under the contract, including providing fuel to operate the barge pump engines and shall provide all crew living provisions. The contractor shall pay all associated costs and expenses except those outlined under Section 5, Reimbursable Expenses.

3.4. Provide a Licensed Tankerman.

The contractor is responsible for following all governing regulations and statutes in providing a licensed tankerman at all loading and discharge points identified in the PWS or hereafter required by the US Government. The licensed tankerman must gauge barge tanks jointly with the US Government QAR or US Government Representative and make a record of quantities on required forms including

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Barge Ullage (DD Form 2479). As directed by the COR, the contractor must furnish any additional shore tankerman as required. The optional on-call additional licensed tankerman expense will be paid as a reimbursable expense in accordance with Paragraph 5.2.3.

4. Contractor Tasks and Duties.

4.1. Performance Objective – Availability for Service.

The Contractor shall perform the fuel delivery or defueling job, after receipt of a written delivery order (Standard Form 1449) or oral delivery order issued by the contracting officer or ordering officer. Oral delivery orders will be confirmed with an SF 1449 within ten

(10) days of issuance of the oral delivery order. If a written or oral delivery order is issued within 48 hours of the required delivery time, the contractor is not obligated to perform under the delivery order. However, if the contractor has the capability and capacity to perform in accordance with the written or oral delivery order the contractor shall perform at the contract price.

4.1.1. Barge Identification Information.

As soon as possible after receipt of the delivery order, but no later than the departure of barge from its regular berth (ordinary mooring place), the Contractor shall provide the following information for each barge to the contracting officer/ordering officer and COR: barge name, loading schedule, hose connections, load/discharge rates, and certifications. Once this information has been provided, substitution of barge equipment requires Contracting Officer approval.

4.1.2. Delay in Performance.

Any overtime costs incurred by US Government personnel as a result of a delay in performance caused by the contractor will be the responsibility of the contractor. These costs will be deducted from the contractor’s invoice.

4.1.3. Failure to Perform.

Should the contractor be unable to perform and the US Government must procure services from an alternate source to meet delivery or defuel requirements the contractor is unable to meet, the contractor will be liable for any re-procurement costs in excess of the delivery order price.

4.2. Cargo Delivery Services.

4.2.1. Loading Cargo.

Upon arrival at OFD, the contractor shall load any quantity of cargo as specified by the COR / Ordering Officer.

4.2.2. Discharging Cargo.

Upon arriving at the Customer vessel, the contractor shall discharge any quantity of cargo, entire or partial, as specified by the COR/Ordering Officer. Prior to connection, the contractor is required to ask for a Customer vessel representative to verify the seal number and confirm that the seal is intact.

4.2.3. Defueling Cargo.

Upon arriving at the Customer vessel, the contractor shall defuel any quantity of cargo, entire or partial, as specified by the COR/Ordering Officer.

4.3. Responsibility for Cargo.

4.3.1. Loss or Damage Liability.

The contractor shall sign the Barge Ullage sheet (DD Form 2479) as its receipt for the Government property it received for transportation. The contractor assumes full liability for, and agrees to reimburse the Government for, the actual loss and/or damage to the cargo, except when the loss and/or damage arises from circumstances beyond the control of the contractor. Such circumstances include acts of God or of the public enemy; fires; floods; epidemics and severe weather. Liability is based on the procurement and transportation cost of the cargo.

4.3.2. Contamination or Degradation Liability.

If contamination or degradation of Government cargo occurs due to the contractor’s failure to properly maintain its equipment, the contractor shall be liable to the Government for replacement costs and/or associated costs with returning the cargo to specification.

Replacement costs are based on the procurement and transportation cost of the cargo.

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4.3.3. Gauging.

Gauging of the barge(s) is performed jointly. A Government representative must witness gauging of the barge(s). Tankerman, and/or third party inspection personnel are responsible for gauging of the barge. Gauging equipment used for quantity determination must be in proper serviceable condition. The contractor shall ensure that responsible personnel are readily available for gauging operations so as to not unduly delay release and departure of the barge. The contractor shall ensure that barge ullage form (DD Form 2479) is annotated at both the loading and discharge locations. The form may be annotated by the QAR, but in this case the contractor will verify and agree with gauge figures and readings annotated.

4.3.4. Carry Away Liability.

The contractor shall be liable for all measurable product carried away due to failure of the contractor’s equipment to discharge the cargo completely, excluding product remaining in equipment lines, manifolds, and sumps (10 barrels before line drop). Liability is based on the procurement and transportation cost of the cargo carried away and is to be deducted from the contractor’s invoice.

4.3.5. Disposal of Excess Product.

In the event that the Customer vessel does not take all fuel loaded in the barge, the U.S. Government reserves the right to assign the balance of the remaining fuel to support other Customer vessels at the initial delivery location. The U.S. Government will give the contractor 24 hours’ notice of their intention to utilize the balance of the fuel. The Contractor is entitled to demurrage during the 24 hour notice period. If not otherwise used by other U.S. Navy Ships, the contractor shall sell the remaining fuel on the commercial market place. The contractor will obtain a minimum of 3 quotes from commercial sources. Funds obtained from such a sale will remain with the contractor. However, an amount equal to these funds will be deducted from the contractor’s invoice.

4.3.6. Disposal of De-fueled Product

The contractor shall sell the de-fueled product on the commercial market place. The contractor will obtain a minimum of 3 quotes from commercial sources. Funds obtained from such a sale will remain with the contractor. However, an amount equal to these funds will be deducted from the contractor’s invoice.

4.4. Reporting and Communication.

The contractor shall maintain contact with the COR, the various consignors, consignees, and the Government QAR to ensure prompt and efficient cargo movement, and shall provide position and status reports and communication regularly to the COR and others, as required. The COR can be contacted at the following:

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

4.4.1. Performance Objective - Readiness Notice.

Prior to arrival at OFD or the Customer vessel, the contractor must provide a Notice of Readiness (NOR) at a minimum of 24, 12, and 3 hours by fax, e-mail or telephone. In addition, the contractor shall provide NOR to OFD officials immediately upon the barge’s arrival at the loading terminal of the port complex.

4.4.2. Performance Objective - Cargo Documentation.

The Contractor shall maintain a copy of all loading documents, including Barge Ullage (DD Form 2479) and MOD Form 7767,for Government use at each Customer vessel. Failure of the contractor to present the listed forms to customer vessels on more than two occasions annually will result in a performance failure.

4.5. Responsibility for Damage to Government Property.

4.5.1. Damage Due To Contractor Negligence.

The contractor shall be responsible for unresolved damage claims and must assume liability 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

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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. Lost cargo shall be measured and documented on the barge ullage form (DD Form 2479) and MOD Form 7767.

4.5.2. Prevent Damage to Facilities.

The contractor shall be responsible for removing equipment when directed by OFD personnel or paying for damages caused as a direct result of contractor’s decision to remain at pier side during adverse circumstances such as acts of God or of the public enemy; fires;

floods; epidemics and severe weather.

4.6. Cancellation of Delivery Order.

The Ordering Officer has the authority to cancel a delivery order either orally or in writing at any time prior to the scheduled pre-loading services. If the initial delivery order is confirmed in writing, the Ordering Officer will issue a modification for cancellation of the delivery order.

4.6.1. Timely Cancellation

If the delivery order is cancelled before the Contractor’s barge leaves its regular berth, neither the basic job rate nor cancellation charge will be paid to the Contractor. In addition, the Contractor will not be entitled to any payment under the termination for convenience provision at FAR 52.212-4(1) that is separately included in this contract.

4.6.2. Late Cancellation.

If the delivery order is cancelled after the Contractor’s barge has left its regular berth, the Customer vessel will only pay cancellation charges to the Contractor in accordance with the pricing schedule. The Contractor shall not be entitled to any payment under the termination for convenience provision at FAR 52.212-4(l) that is separately included in this contract.

4.6.3. Extenuating Circumstances.

Cancellation of the delivery order at any time, if due to circumstances beyond the control of the Customer vessel, will not result in a cancellation charge. Such circumstances include acts of God or of the public enemy; fires; floods; epidemics and severe weather. In addition, the Contractor will not be entitled to any payment under the termination for convenience provision at FAR 52.212-4(l) that is separately included in this contract.

4.7. 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.

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Performance Objective PWS Paragraph Performance Thresholds

Pre-Service Inspection 3.2.1 100% of equipment presented for inspection is clean, dry, free of temporary patches and contaminants

Availability for Service 4.1 100% acceptance and fulfillment of delivery orders placed with at least 48 hours advance notice

Cargo Documentation DD Form 2479 & MOD Form 7767

4.4.2 NMT 2 failures per year to present the listed

forms to the Customer vessel

Notice of Readiness (NOR) 4.4.1 NMT 1 failure per year to issue all required NORs.

5. Reimbursable Expenses.

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.

5.2. Out-of-Pocket Expenses

Out-of-Pocket expenses are additional expenses required to accomplish the work that are not included in the basic job cost.

5.2.1. Tolls and Charges.

The Government will provide a reachable safe berth for the contractor’s equipment at the loading point free of dockage, wharfage, pilotage, and fleeting tolls, and other port charges. If such charges accrue through no fault of the contractor or its employees, the contractor shall initially pay the charges and submit the paid bill to the Government for reimbursement in conjunction with its next invoice. The contractor shall make diligent effort to safely avoid the need for fleeting wherever possible to limit costs to the Government.

5.2.2. Assist Tugs.

The contractor shall be responsible for the expense of assist tugs used in transporting, berthing or maneuvering the barge to/from docks or through locks except when such assist tugs are required by local harbor regulation or other lawful authority. The Government will reimburse the contractor for use of assist tugs only under those conditions and on the same basis as described in Section 5.2, Tolls and Charges.

5.2.3. On-Call Additional Tankerman Expenses.

When the contractor determines a need for an Additional Tankerman, a request to add a tankerman shall be made to the COR and approved prior to use. Once approved, the contractor must furnish documentation to show actual expenses for the additional tankerman services before reimbursement will be made.

5.2.4. Excess Cleaning Costs.

The Government will reimburse the contractor for any cleaning expenses incurred if the contractors’ equipment becomes contaminated due to the fault of the Government.

6. Estimated Refuel/Defuel (Job) Requirements

60 MTON to 500 MTON - Estimated 10 deliveries per year

500.1 MTON to1,000 MTON – Estimated 7 deliveries per year

1,000.1 MTON to 1,500 MTON – Estimated 2 deliveries per year

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Appendix A. Definitions.

Carryaway Product -

Contracting Officer

Cargo exceeding 500 USG per barge remaining in cargo tanks after discharge operations and before line drop.

U.S. Government employee who issued the contract and is authorized to contractually and financially commit the U.S. Government.

Contracting Officer's Representative (COR)

Defuel

An individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions such as providing technical direction per the PWS and monitoring contractor performance. The COR is not a Contracting Officer and does not have the authority to direct any work beyond the scope of the PWS or take any action that would change the pricing, quantity, quality, place of performance, delivery schedule or any other terms and conditions of the contract.

The process of delivering an empty barge to a Customer vessel and removing fuel from that Customer vessel into the barge. Each defuel is considered a job.

Innage

Job

The portion of a cargo tank that is full of fuel.

The 2-day process of loading a barge at OFD and delivering fuel to a Customer vessel. Performing a defuel is also a job.

Licensed Tankerman

MTON

Ordering Officer

Contractor personnel, licensed by the accepted international/local maritime organization, to be responsible for all loading and discharging operations.

Metric Ton

Authorized representative of the Contracting Officer and U.S. Government who can place written and oral delivery orders against this contract. The Ordering Officer may issue revisions/modifications to orders, but only within the scope of the contract. The Ordering Officer has no authority to modify any of the provisions of the basic contract. Any deviation of the terms of the basic contract must be submitted to the Contracting Officer for contractual action. The Ordering Officer may enter into mutual no-cost cancellations of orders under this contract and may reduce the scope of orders, but Termination for Convenience or Termination for Default shall be issued only by

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the Contracting Officer.

Out-Of-Pocket Expenses Local port fees or similar charges incurred. Such fees or expenses may include those for dockage; wharfage;

pilotage; fleeting; tolls; port charges; assist tugs when required by local harbor regulation or other lawful authority, or excess cleaning charges.

Quality Assurance Representative (QAR)

Ullage or Outage

USG

Government Representative with duties to perform, inspect, administer, and/or advise on work concerned with assuring the quality of products, equipment, and services acquired and used by the Government.

The portion of a cargo tank that is not filled with fuel.

United States Gallon

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Appendix B: Minimum Requirements for the Preparation of Barge Cargo Tanks Excerpt from MIL-STD-3004 (latest version)

TABLE XXVIII. Minimum requirements for the preparation of barge cargo tanks 1, 2

LAST PRODUCT

CARRIED

PRODUCT TO BE LOADED

Leaded gasoline, aviation

Gasoline, automotive

Turbine fuel, aviation, kerosene type F-34, F-35, F-44

Diesel fuel oil - distillate

Diesel fuel oil - residual

Lube…