8A_SOLICITATION_-_FINAL.docx

DOCX document 307 KB Posted

Attached to
FUEL MANAGEMENT SERVICES Federal contract opportunity
Solicitation number
SPE60016R0501
Issued by
Defense Logistics Agency Aviation

About this file

UPDATED 8(A) SOLICITATION

View the file

Other files for this federal contract opportunity

Other files attached to FUEL MANAGEMENT SERVICES, newest first.
File Type Posted
SF30_AMENDMENT_008_TO_SPE600-16-R-0501.pdf PDF
CBA_CAFB_OTS-IUOE_624.pdf PDF
2014_Fuels_CBA_Chiulista.pdf PDF
02191601.PDF PDF
8A_SOLICITATION_-_AMEND01AUG16.pdf PDF
SF30_AMENDMENT_007_TO_SPE600-16-R-0501.pdf PDF
SF30_AMENDMENT_006_TO_SPE600-16-R-0501.pdf PDF
ATTACHMENT_I_OSP_Amendment_001.pdf PDF
8A_SOLICITATION_-_REVISED.pdf PDF
COLUMBUS_AFB_MS_MOU_ATTACHMENT_III.pdf PDF
GILA_BEND_MOU_LETTER_ATTACHMENT_II.pdf PDF
AF_Consolidated_PWS_current_as_of_18_Mar_16_ATTACHMENT_I.pdf PDF
CBA_ADDENDUM_FOR_COLUMBUS_AFB_ATTACHMENT_IV.PDF PDF
SF30_AMENDMENT_0005_TO_SPE600-16-R-0501.pdf PDF
SF30_AMENDMENT_004_TO_SPE600-16-R-0501.docx DOCX document
SF30_AMENDMENT_003_TO_SPE600-16-R-0501.pdf PDF
ATTACHMENT_VI_-_SIGN_IN_SHEET.pdf PDF
SF30_AMENDMENT_002_TO_SPE600-16-R-0501.docx DOCX document
ATTACHMENT_VII_-_8A_SOLICITATION_-_FINAL.pdf PDF
Attachment_V_-_AF_Consolidated_PWS_current_as_of_1_Mar_16.pdf PDF
Gila_Bend_Fuels_Pre_Walk_2016.pdf PDF
SF30_AMENDMENT_TO_SPE600-16-R-0501.pdf PDF
ATTACHMENT_III_PAST_PERFORMANCE_QUESTIONNAIRE.docx DOCX document
ATTACHMENT_IV_JOINT_VENTURE_CONSENT_FORM.docx DOCX document
8A_SOLICITATION_-_FINAL.docx DOCX document
ATTACHMENT_I_OSP_Erick.docx DOCX document
Show all 26

On GovTribe

Work with this file on GovTribe

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

SPE600-16-R-0501

Gila Bend AFB, AZ and Columbus AFB, MS

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

SPE600-16-0501

2. CONTRACT NUMBER

60293794/60293795

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SPE600-16-R-0501

6. SOLICITATION ISSUE DATE

January 19, 2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Roderick Estrada

b. TELEPHONE NUMBER (no collect calls) Phone: (703) 767-1986 Fax: (703) 767-9338

8. OFFER DUE DATE/LOCAL TIME

February 29, 2016

9. ISSUED BY CODE
SP0600
10. THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE 100 % FOR

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS
12. DISCOUNT TERMS

DLA Energy 8725 John J. Kingman Road, Suite 4950 Fort Belvoir, VA 22060-6222 Buyer/Symbol: Roderick Estrada/DLA Energy BXA

SMALL BUSINESS

X 8(A)

13a. THIS CONTRACT IS RATED ORDER UNDER DPAS (15 CFR 700)

Phone: (703) 767-1986

Roderick.estrada@dla.mil

NAICS: 493190

SIZE STANDARD: $27.5

13b. RATING

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

See Schedule

17a.

FACILITY

18a. PAYMENT WILL BE MADE BY CODE

See Clause 252.232-7006

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 X SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

** SEE CLAUSE B0001 B34 (SCHEDULE)**

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. *SCHEDULE OF SUPPLIES AND SOLICITATION CLAUSES ARE 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 1 COPY 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 HEREIN.
29. AWARD OF CONTRACT: REFERENCE ____________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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

33. SHIP NUMBER

34. VOUCHER NUMBER
35. AMOUNT VERIFIED CORRECT FOR

PARTIAL FINAL

36. PAYMENT
37. CHECK NUMBER
32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE
32c. DATE
COMPLETE PARTIAL FINAL
38. S/R ACCOUNT NO.
39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print)

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC’D (YY/MM/DD)
42d. TOTAL CONTAINERS
AUTHORIZED FOR LOCAL REPRODUCTIONSTANDARD FORM 1449 (REV. 3/2005)
PREVIOUS EDITION IS NOT USABLEPrescribed by GSAFAR (48 CPR) 53.212

ADDITIONAL INSTRUCTIONSFOR ALL PROSPECTIVE OFFERORS

NOTE: See Addendum to FAR 52.212- 1 – INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (AUG 2015), and FAR 52.212-2 – EVALUATION-COMMERCIAL ITEMS (OCT 2014) and Addendum for complete instructions on how to submit a proposal.

A pre-proposal conference will be held at Gila Bend AFB, AZ and Columbus AFB, MS (to be determined at a later date). Interested parties should submit names and phone numbers of attendees to Roderick Estrada via email at roderick.estrada@dla.mil NLT January 30, 2015 3:00 PM Ft. Belvoir Time. Technical questions should also be submitted, but answers will be posted in an Amendment. Addresses for the conference/meeting room for the pre-proposal conference will be announced in Amendment 0001.

A. The NAICS code is 493190 and the threshold is $27.5 million in annual receipts.

The point of contact for Small Business Affairs is Mr. Gregory Thevenin, 703-767-9465.

B. Your offer must be received in DLA Energy-FESAA by 3:00pm EST on February 29, 2016. Facsimile proposals are not authorized. Do not return the entire solicitation package. Simply complete and return one original and one copy of the Offeror Submission Package data and an original and three copies of the Technical Proposal submissions as described in 52.212-1 Instructions to Offers—Commercial Items (April 2014) with Addendum. Your prices must be inserted in Clause B-0001 B30 in the Offeror Submission Package. Proposed prices that are unrealistically low may be considered an indication of a lack of understanding of the solicitation requirements.

C. DLA ENERGY–FESAA is the designated office for receipt of offers. All offerors shall clearly mark envelopes/packages sent in response to this solicitation with the words, “Offer Under Solicitation SPE600-15- R-0501.” Mailed offers should be mailed to the following address:

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

ATTN: DLA Energy-FESAA, Bid Custodian Room 2945 ATTN: DLA Energy-FESAA, Bid Custodian Room 2945 Defense Logistics Agency Energy Mr. Roderick Estrada / Telephone: 703-767-1986 8725 John J. Kingman Road, Suite 2945 Defense Logistics Agency Energy Fort Belvoir, VA 22060-6222 8725 John J. Kingman Road, Suite 2945 Fort Belvoir, VA 22060-6222

For Verification of Receipt: Contact: Roderick.Estrada@dla.mil (703) 767-1986

Unnecessarily elaborate brochures or other presentation beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the offeror’s lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentations are neither necessary nor wanted.

D. FAXED PROPOSALS ARE NOT AUTHORIZED. Please e-mail your proposal to:

bidcustodian@dla.mil. All e-mail proposals MUST be followed-up with the hard copy (consisting of two volumes as outlined below) NO LATER THAN FIVE (5) business days after solicitation closing. Late proposals will be processed in accordance with FAR 15.208 – Submission, Modification, Revision, and Withdrawal of Proposals. Offeror’s proposals shall be prepared in two separate volumes and provided in the quantities shown below:

Volume
Title
No. of Copies
Required Page Limit
I
Technical Proposal
3 hard copies & PDF electronic copy
60
II
Price Proposal
1 hard copy, PDF electronic copy & MS Excel electronic copy of Attachment I – OFFEROR SUBMISSION PACKAGE
None

Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions of this solicitation. Any exceptions to any part of this solicitation must be specifically identified in a cover letter to your proposal.

E. The Government intends to evaluate proposals and award one contract per site after written or oral discussions with all responsible offerors that submit proposals within the competitive range. This procurement will use formal Source Selection Procedures using Lowest Price Technically Acceptable source selection process (FAR 15.101-2). See 52.212-2 Evaluation—Commercial Items (Oct 2014) for evaluation methodology of factors. The resulting type of contract will be Firm Fixed Price.

F. Any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of a Government contract is voidable at the option of the Government.

G. Care should be taken to mail correspondence relating to this solicitation or resulting contract to the appropriate office as indicated in the applicable clauses.

Table of Contents

SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS10
B-0001 B30SERVICES TO BE FURNISHED (AARD) (DLA ENERGY FEB 1990)10
SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK11
PERFORMANCE WORK STATEMENT – SEE SECTION J11
SECTION D - PACKAGING AND MARKING11
52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007)11
SECTION E - INSPECTION AND ACCEPTANCE12
52.246-4 INSPECTION OF SERVICES - FIXED PRICE (AUG 1996)12
252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)12
E-0001E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000)13
E-0002E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)13
E-0003E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA ENERGY DEC 2011)13
E-0004E29 INITIAL ON-STATION INSPECTION (AARD) (DLA ENERGY MAR 1997)14
E-0005E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)14
SECTION F - DELIVERIES OR PERFORMANCE15
52.211-9072 GENERAL RECEIVING & STORING CONDITIONS - DLA ENERGY (NOV 2011)15
52.242-15 STOP-WORK ORDER (AUG 1989)17
F-0001F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997)18
F-0002F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY APR 2014)20
SECTION G - CONTRACT ADMINISTRATION DATA21
52.219-28 POST AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUL 2013)21
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)21
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)22
G-0001G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)23
G-0003G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA ENERGY MAY 2009)24
G-0004G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA ENERGY JUL 1997)24
SECTION H - SPECIAL CONTRACT REQUIREMENTS24
H-0001H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 199224
H-0002H11 GUARD SERVICE (DLA ENERGY MAR 1982)24
H-0003H19 REPORTING AND CONTAINING OIL SPILLS (DOMESTIC STORAGE) (DLA ENERGY JAN 2012)25
H-0004H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DLA ENERGY JAN 2012)………………………………………………………………………………………………………………………………………………………………25
SECTION I - CONTRACT CLAUSES25
52.202-1 DEFINITIONS (NOV 2013)25
52.203-3 GRATUITIES (APR 1984)25
52.203-6 RESTRICTION ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)26
52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)26
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)26
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)27
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)27
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)29
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)29
52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (AUG 2014)30
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)33
52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013)35
52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2014)36
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (APR 2015)38
52.212-9002 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (NOV 2014)41
52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997)42
52.215-9016 NOTICE TO CONTRACTORS AND DEFENSE FINANCE ACCOUNTING SERVICES (DFAS) (NOV 2011)43
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)43
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)43
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)43
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)45
52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011)46
52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)46
52.219-17 -- SECTION 8(A) AWARD (DEC 1996).47
52.219-18 -- NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS47
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)47
52.222-41 SERVICE CONTRACT LABOR STANDARDS (MAY 2014)48
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)53
52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS -- PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (MAY 2014)54
52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)55
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011), ALT I (MAY 2011)55
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)56
52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)57
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)57
52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (MAY 2011)58
52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)58
52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)58
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)59
52.232-17 INTEREST (MAY 2014)60
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)60
52.232-9010 ACCELERATED PAYMENTS TO SMALL BUSINESS (APR 2014)61
52.233-1 DISPUTES (JUL 2002), ALT I (DEC 1991)61
52.233-3 PROTEST AFTER AWARD (AUG 1996)62
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)63
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)63
52.237-3 CONTINUITY OF SERVICES (JAN 1991)63
52.242-13 BANKRUPTCY (JUL 1995)63
52.243-1 –CHANGES – FIXED-PRICE (AUG 1987), ALT I (APR 1984)68
52.245-01 GOVERNMENT PROPERTY (APR 2012), ALT I (APR 2012)68
52.245-09 USE AND CHARGES (APR 2012)84
52.246-25 LIMITATION OF LIABILITY - SERVICES (FEB 1997)86
52.249-9000 ADMINSTRATIVE COSTS OF REPROCUREMENT AFTER DEFAULT ADMINISTRATIVE COSTS OF REPROCUREMENT AFTER DEFAULT (MAY 1988) DLAD87
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)87
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)87
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)87
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)88
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)88
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE CONTRACT-RELATED FELONIES (DEC 2008)88
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)89
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)90
252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)90
252.203-7996 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION.90
252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS.90
252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)91
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)91
252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)91
252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION92
CONTROLS (DEVIATION 2016-O0001)(OCT 2015)92
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT92
REPORTING (DEVIATION 2016-O0001)(OCT 2015)92
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (DEC 2014)95
252.211-7008 USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS (SEP 2010)95
252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)95
252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY (APR 2012)95
252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (APR 2012)96
252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012)96
I-0001I1.01-4 DEFINITIONS (CONT’D) (STORAGE) (DLA ENERGY JUNE 2009)97
I-0002I1.01-9 DEFINITIONS (CONT’D) (AARD/TESTING) (DLA ENERGY JUN 2009)98
I-0003I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY FEB 1996)………………………………………………………………………………………………………………………………………………………………99
I-0004I102.02 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -- PAYROLL TAX ADJUSTMENT (DLA ENERGY JAN 2012)99
I-0005I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DLA ENERGY JAN 2012)100
I-0006I116.01 LIABILITY FOR FUEL SPILLS (DLA ENERGY JAN 2012)100
I-0007I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DLA ENERGY JAN 2012)100
I-0008I121 CUSTODY OF PETROLEUM PRODUCT (DLA ENERGY APR 1968)103
I-0009I122 USE OF FACILITIES (DLA ENERGY APR 2009)104
I-0010I123 TITLE TO FACILITIES (DLA ENERGY JUL 1991)104
I-0011I130 RISK OF LOSS OR DAMAGE TO GOVERNMENT-OWNED AND/OR CHARTERED AIRCRAFT (DLA ENERGY APR 1968)104
I-0012I147 DEMURRAGE (DLA ENERGY NOV 1989)104
I-0013I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN 2012)104
I-0014I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) IMPLEMENTATION (SEP 2009)104
SECTION J – LIST OF ATTACHMENTS105
ATTACHMENT I – OFFEROR SUBMISSION PACKAGE105
ATTACHMENT II – WAGE DETERMINATION/COLLECTIVE BARGAINING AGREEMENT105
ATTACHMENT III – PAST PERFORMANCE QUESTIONNAIRE105
ATTACHMENT IV – JOINT VENTURE CONSENT FORM105
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS105
52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)105
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)105
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)107
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)114
252.209-7993 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW – FISCAL YEAR 2014 APPROPRIATIONS (FEB 2014)116
252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012)116
252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)116
252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)117
K-0001K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)117
K-0002K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)117
K-0003K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014)…………………………………………………………………………………………………………………………………………………………….117
SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS118
52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)118
52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (APR 2014)118
ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (APR 2014)118
52.216-1 TYPE OF CONTRACT (APR 1984)120
52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999)120
52.233-2 SERVICE OF PROTEST (SEP 2006)120
52.237-1 SITE VISIT (APR 1984)120
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)121
252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010)121
52.233-9000 AGENCY PROTESTS (NOV 2011)122
52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV 2011)123
L-0001L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)123
L-0003L2.06 EVIDENCE OF RESPONSIBILITY (AARD) (DLA ENERGY NOV 1989)123
L-0004L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)123
L-0005L2.31 PROPOSAL FORMAT AND CONTENT (DLA ENERGY JAN 2012)124
L-0007L73 INSPECTION OF PREMISES (AARD) (DLA ENERGY FEB 1970)124
L-0008L82 WAGE DETERMINATION (DLA ENERGY FEB 2009)124
L-0009L198 PREPROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009)125
SECTION M - EVALUATION FACTORS FOR AWARD125
52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014)125
ADDENDUM TO 52.212-2 – EVALUATION – COMMERCIAL ITEMS (OCT 2014)125
M-0002 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997128

SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS

B-0001 B30 SERVICES TO BE FURNISHED (AARD) (DLA ENERGY FEB 1990)

The services to be furnished during the period specified herein and the unit prices are as follows:

*FUELS MANAGEMENT SERVICES – BASE PERIOD OCTOBER 1, 2016 – SEPTEMBER 30, 2020

FIRM FIXED PRICE (Pro-rated for part months)

Non-personal Services. Provide all supervision, personnel, equipment, transportation, material, and all else necessary to perform fuels management services at Gila Bend AFB, AZ in accordance with Attachment 1, Performance Work Statement (PWS). FOB DESTINATION.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL

0001*48Months$_$
(October 1, 2016 – September 30, 2020)

*FUELS MANAGEMENT SERVICES – OPTION PERIOD OCTOBER 1, 2020 – SEPTEMBER 30, 2025

FIRM FIXED PRICE (Pro-rated for part months)

Non-personal Services. Provide all supervision, personnel, equipment, transportation, material, and all else necessary to perform fuels management services at Gila Bend AFB, AZ in accordance with Attachment 1, Performance Work Statement (PWS). FOB DESTINATION.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL

0002*60Months$_$
(October 1, 2020 – September 30, 2025)
0003*6Months$______________$_________________
(October 1, 2025 – March 31, 2026)
6-month extension provision

*FUELS MANAGEMENT SERVICES – BASE PERIOD OCTOBER 1, 2016 – SEPTEMBER 30, 2020

Non-personal Services. Provide all supervision, personnel, equipment, transportation, material, and all else necessary to perform fuels management services at Columbus AFB, MS, in accordance with Attachment 1, Performance Work Statement (PWS). FOB DESTINATION.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL

0004*48Months$_$
(October 1, 2016 – September 30, 2020)

*FUELS MANAGEMENT SERVICES – OPTION PERIOD OCTOBER 1, 2020 – SEPTEMBER 30, 2025

Non-personal Services. Provide all supervision, personnel, equipment, transportation, material, and all else necessary to perform fuels management services at Columbus AFB, MS, in accordance with Attachment 1, Performance Work Statement (PWS). FOB DESTINATION.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL

0005*60Months$_$
(October 1, 2020 – September 30, 2025)
0006*6Months$______________$_________________
(October 1, 2025 – March 31, 2026)
6-month extension provision

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

PERFORMANCE WORK STATEMENT – SEE SECTION J

SECTION D - PACKAGING AND MARKING

52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007)

(a) This clause only applies when wood packaging material (WPM) will be used to make shipments under this contract and/or when WPM is being acquired under this contract.

(b) Definition. Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).

(c) All wood packaging material (WPM) used to make shipments under Department of Defense (DOD) contracts and/or acquired by DOD must meet requirements of international standards for phytosanitary measures (ISPM) 15, “Guidelines for Regulating Wood Packaging Materials in International Trade.” DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo.

(1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) wood packaging material program and WPM enforcement regulations (see http://www.alsc.org/).

(2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Markings shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved dunnage stamp.

(d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government."

SECTION E - INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES - FIXED PRICE (AUG 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

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

a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

(b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

E-0001E1.11QUALITY CONTROL PLAN (DLA ENERGY MAR 2000)
(a) Upon award, the Contractor shall prepare, in triplicate and in English, a Quality Control Plan (QCP). Prior to the first receipt of Government-owned product into the facility, two copies of the QCP shall be forwarded to the Contracting Officer and one copy to the assigned Quality Assurance Representative for approval.
(b) The QCP shall include the following quality control procedures employed by the Contractor.
(1) Receiving (both product and additives);
(2) Blending;
(3) Sampling;
(4) Testing;
(5) Storage and handling;
(6) Loading and shipping;
(7) Calibration program for testing and measuring equipment in accordance with ISO 10012-1, "Quality Assurance Requirements for Measuring Equipment, Part I." Equivalent local regulation, as appropriate, may be used as well. Whichever program used must include a section addressing meter proving (used to determine quantity) and must comply with the American Petroleum Institute Manual of Petroleum Measurement Standards, Chapters 4, 5, and 6, or equivalent foreign standard. For any item that requires calibration but is not covered by ASTM, API, or IP publications, the applicable manufacturer's recommended calibration method(s) outlined in the applicable industry publication shall be used if acceptable to the Government;
(8) Quantity measurement;
(9) Records and reports; and
(10) Corrective action procedures (to include, but not be limited to, procedures for notification of Quality Representative, actions to be taken on discovery of off-spec product during receipts/shipments, upgrading procedures for Contractor-caused contamination, leaks,

etc.). The QCP shall also include an organizational chart of key personnel and their responsibilities and a schematic diagram of the facility with key inspection/activity points marked for each product handled.

(c) The QCP shall require that each Contractor employee be familiar with its content and shall state that it must be reviewed semiannually and revised as needed. Revision should occur when any change is made to the inspection system, when any corrective action needs to be incorporated due to quality problems, and as otherwise necessary. The Contractor shall sign and date each revision of the QCP.

E-0002 E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

The Quality Office assigned inspection responsibility under this contract is DLA Americas West.

E-0003E28CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA ENERGY DEC 2011)
(a) Inspection and tests by the Government of services, facilities, and equipment specified within this contract does not relieve the Contractor from responsibility to meet all requirements of the contract.
(b) The Contractor shall furnish personnel, facilities, and equipment on-site to accomplish the following routine tests and procedures. These on-site resources may be provided by Contractor personnel or by a commercial source action on behalf of the Contractor. The Quality Representative will not be responsible for performing any of these services for the Contractor.
(1) Sampling of storage tanks, shipments and receipts in accordance with ASTM D 4057, Standard Practice for Manual Sampling of Petroleum and Petroleum Products (API Manual of Petroleum Measurement Standards (MPMS), Chapter 8.1);
(2) Retaining of product composite samples from shipments and receipts as follows:
MINIMUM
METHOD OF SHIPMENTMINIMUM QUANTITYRETENTION PERIOD
Pipeline20 liters60 days
Tanker/Barge
Parcel Composite20 liters90 days
Each compartment0.5 liters90 days
Navy Fleet Oilers/Vessels10 liters60 days
Tank Truck/Car1 liter15 days
NOTE: After the minimum retention period, samples shall be tested for Appearance, Color (Visual), API Gravity/Density and Flash Point and, if found to be on-specification, shall be returned to like Government stock on-site. Sample containers may be reused if properly cleaned.
(3) Determining the presence of water in storage tanks, shipments and receipts. Ensure that accurate water cuts are obtained by means of a water indicating paste conforming to MIL-W-83779B. Two suggested sources are Stewart Hall Chemical Testmaster Water Indicating Paste or Sartomer Sar Gel Water Indicating Paste (see Note 2 below);
(4) Determining Density at 15 degrees Celsius or API gravity of products by ASTM D 1298 or ASTM D 4052 (see Note 2 below);
(5) Determining the temperature of products by the API MPMS, Chapter 7 (see Note 2 below);
(6) Determining the Appearance of applicable products using ASTM D 4176, Procedure 1 (see Note 2 below);
(7) Determining the visual color of products.
(8) Determining the Flash Point of applicable products using test methods cited in the appropriate product specification (see Note 2 below);
(9) Conversion of gross to net gallonage (liters);
(10) Determining the percentage (volume) of fuel system icing inhibitor (FSII) by means of a portable refractometer in accordance with ASTM D 5006. One suggested source is H.B. Industries, Inc., Glenview, IL 60025 (B/2 Anti-Icing Additive test kit) (see Note 2 below); and
(11) Determining the range of fuel electrical conductivity using ASTM D 2624. One suggested source for a conductivity meter is Emcee Electronics, Inc., Sarasota, FL 33581 (Model 1152) (see Note 2 below).
Note 1: All costs for providing the above tests and procedures shall be included in the monthly service charge. The only exception to the Contractor’s obligation to provide these services as part of the monthly service charge is when the tests described above are part of the higher order analysis (defined as the following categories: Composite Samples, Storage Tanks After Receipt, Interface Mixtures, Dormant Stocks and Individual Tests (including particulate contamination) found in the attachment to the solicitations entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING. Provisions for providing higher order analyses are covered in the SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) contract provision.
Note 2: Upon request, the Contractor shall permit the Quality Representative unrestricted use of the equipment and ancillary supplies needed to perform this test/procedure on behalf of the Government.
(c) During the contract, the Contractor shall furnish representative samples of the product in each storage tank, shipment or receipt at the request of, and in the manner and to the place designated by, the Quality Representative. Sample size will be 2 gallons for gasoline-type fuels and one gallon or 10 gallons for jet diesel-type fuels. The number of samples to be furnished during any 12-month period shall not exceed eight times the number of tanks specified in the contract. Such samples shall be packed, marked, and shipped by the Contractor, shipping expense prepaid, in containers and shipping boxes furnished by the Contractor. Sample containers shall be epoxy coated on the interior. This requirement is in addition to sampling required elsewhere in this contract provision and the contract. All reasonable direct shipping costs associated with samples required by this paragraph shall be reimbursed upon request from the Contractor and such costs shall not be included in the monthly service charge. However, all other costs related to this requirement shall be included as part of the monthly service charge.
E-0004E29INITIAL ON-STATION INSPECTION (AARD) (DLA ENERGY MAR 1997)
(a) INSPECTION. The initial on-station inspection is for the sole benefit of the Government and the Government may partially or totally waive its right of inspection at its discretion. The date, time, and place of inspection may be changed by the mutual agreement of the parties.
(b) TIMEFRAME. Unless notified otherwise, all equipment shall be available for Government inspection at the installation where services are to be performed four calendar days prior to the start of the delivery period. No work may be performed on the equipment during the inspection period except as permitted by the Government. The Government will complete inspection of the Contractor's equipment no later than the calendar day preceding the date aircraft fuel delivery services are to commence.
(c) ENTRY. The Contractor is responsible for making necessary arrangements with the Commanding Officer of such installation or an authorized representative regarding entry into the installation.
(d) TANK INTERIORS. Equipment presented for inspection shall be vapor free.
(e) FILTRATION MEDIA. If requested by the Government, the Contractor shall be responsible for disassembling filtration units to facilitate the inspection. The Contractor shall present, at the time of the inspection, written certification attesting to the last date on which each filter element was changed and shall provide a historical record denoting pressure drip data for each filter element (if such certification and pressure drip data exists).
(f) CONTRACTOR REPRESENTATIVE. Representation by the Contractor at the inspection shall be limited to one individual except when additional personnel have been specifically authorized by the Government.
(g) DEFAULT. If the Contractor fails to make the equipment available on the date specified or otherwise mutually agreed upon, or if the inspection discloses that the equipment is not in conformance with contract requirements, the Government may terminate this contract for default.
(h) REINSPECTION. If the Government discovers equipment deficiencies during the initial inspection, the Government may, at its discretion, conduct a reinspection at the Contractor’s expense.

E-0005 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.
(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

52.211-9072 GENERAL RECEIVING & STORING CONDITIONS - DLA ENERGY (NOV 2011)

Notice will be furnished to the Contractor of upcoming product receipts. The notice will include the method of receipt, the source, grade, or type of product, and any special instructions.

The Contractor shall transfer and store each grade of product in a manner that preserves the quality of the product and will prevent contamination. The responsibility for preventing contamination rests with the Contractor.

When requested, the Contractor will transfer product between tanks to consolidate like types or grades.

Whenever a product is to be removed from a tank to accomplish cleaning or repair of the tank, or to change product, or to affect the release of the tank to the Contractor, the Contractor shall strip such tank to preclude loss of recoverable fuel. The Contractor shall provide the quality assurance representative (QAR) with information pertaining to the amount of fuel deemed unrecoverable, the reason why the fuel cannot be recovered, and an analysis of the unrecovered fuel quality. All unrecoverable tank bottoms/line fill quantities will be reported to the Property Administrator for disposition instructions.

Contaminated/off-specification product will be reported to the QAR in order to obtain disposition instructions. Tanks out of service for repair shall be removed from revenue until such time as they are returned to Government service. Tanks out of service for cleaning shall be governed by the Inspection And Cleaning Of Bulk Petroleum Storage Tanks clause.

Custody of product received by pipeline, and risk of loss thereof, shall pass from the carrier to the Contractor when the product passes the flange connecting the carrier's pipeline and the Contractor's pipeline.

Custody of product received by transport truck, and risk of loss thereof, shall pass from the carrier to the Contractor when the product passes from the transport truck discharge hoses into the Contractor's receiving facilities.

Custody of product received by tank car, and risk of loss thereof, shall pass from the carrier to the Contractor when the tank car comes to rest on the Contractor's siding.

Custody of product received from tanker or barge, and risk of loss thereof, shall pass from the carrier to the Contractor when the fuel passes the vessel’s permanent hose connection.

The Contractor shall be held accountable for demurrage charges arising from delay(s) in receipt by tank cars or transport trucks, except when the delay(s) are caused by reason beyond the control and without the fault or negligence of the Contractor and its subcontractors.

The following subparagraphs apply only to barges and tankers.

Scheduled arrival date and basic allowed laytime.

The Contractor shall be notified in advance of the scheduled arrival date. Each notice will specify the quantity to be delivered, the cargo number, the name of the vessel, and the scheduled arrival date. For tankers, the notice will also include the size of the vessel and the expected time of arrival. For tankers, the notice of delivery will be furnished at least 72 hours in advance of the scheduled arrival date; for barges, at least 48 hours in advance of the scheduled arrival date.

The Government will provide the maximum notice practicable when the anticipated vessel transit time from the loading point is less than the 72/48 hours. Changes in the scheduled arrival date that will provide less than the 48 hours’ notice for barges and the 72 hours’ notice for tankers will require the verbal approval of the Contractor. This verbal approval is to be confirmed in writing as soon as practicable.

The Contractor shall provide a reachable berth, free of charge, where the vessel can be safely moored and afloat with necessary access thereto as soon as possible, but no later than, for barges, within 3 hours after issue of notice of readiness to unload, and, for tankers, within 6 hours after issue of notice of readiness, provided – If the vessel is tendered for unloading on a date earlier than the last agreed scheduled arrival date, the Government’s vessel shall be unloaded as soon as possible in its proper turn with other vessels, and laytime shall not commence until the vessel moors alongside or, for barges, 3:00 A.M. local time; for tankers, 6:00 A.M. local time, on the last agreed scheduled arrival date, whichever occurs first.

If the vessel is tendered for unloading later than 12:00 noon of the day following the last scheduled arrival date, the vessel shall be unloaded in its proper turn with other vessels. Laytime shall commence when the vessel moors alongside, provided a good faith effort is made by the Contractor to moor the vessel in its turn with other vessels as loading berths become available.

Laytime shall commence either (A) at the expiration of the notice period prescribed in subparagraph (ii) above, berth or no berth, or (B) immediately when the vessel moors alongside, with or without notice of readiness, whichever occurs first.

Laytime, once started, shall continue 24 hours per day, 7 days per week, without interruption, from its commencement until unloading of the barge or tanker is completed and hoses have been disconnected.

Unless otherwise provided in the Schedule, the Contractor shall be allowed and will complete unloading within laytime determined as follows:

For barges: One hour for each 2,000 barrels of product to be unloaded.

For tankers: Thirty-six hours of discharge of a full vessel cargo. When partial vessel cargoes are to be unloaded, the 36 hours will be prorated based on quantities discharged in each port.

Hoses and loading arms for unloading a barge or tanker will be furnished, connected, and disconnected by the Contractor.

Increases to basic allowed laytime.

If, after laytime commences, the conditions or facilities of the barge or tanker to be unloaded do not permit unloading, basic allowed laytime shall be increased by the duration of the delay.

If the vessel is delayed in reaching its berth and the delay is caused by the fault of the vessel, basic allowed laytime shall be increased by the duration of the delay.

If the vessel owner’s or operator’s regulations prohibit unloading at any time after laytime has commenced, the lost time shall be added to the basic allowed laytime.

If, for any reason, the Contractor is delayed in unloading the barge or tanker because of actions of a Government representative, acting under the contract, that arise through no fault or negligence on the part of the Contractor or its subcontractors, basic allowed laytime shall be increased by the duration of the delay.

There will be no increase to basic allowed laytime (nor other reductions to any resulting demurrage time) for saved laytime arising out of other loadings/discharges.

Delays, after commencement of laytime, attributed to causes beyond the control and without the fault or negligence of the Contractor or the U.S. Government will result in increasing the basic allowed laytime by one half of the delay time.

Payment of demurrage. For all hours of laytime which elapse in excess of the basic allowed laytime for unloading provided for by subparagraph (k)(1)(v), or as otherwise provided in the Schedule, the Contractor shall pay demurrage to the Government as follows:

USS, USNS, or time chartered vessels.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .