SOLICITATION_SPE600-16-R-0506_11-13-15.pdf

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Contractor Owned Contractor Operated fuel storage services (JP-5 and F-76) in the Port of Djibouti, Africa
Solicitation number
SPE600-16-R-0506
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Solicitation SPE600-16-R-0506 Contractor Owned Contractor Operated fuel storage services in Port of Djibouti Africa

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SOLICITATION SPE600-16-R-0506

PORT OF DJIBOUTI, AFRICA

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

NOTE: See Addendum to FAR 52.212- 1 – INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (AUG 2015), DLA Energy Contract Provisions L-0003-L116.01 – DATA REQUIREMENTS (STORAGE) (DLA ENERGY JAN 2013) and FAR 52.212-2 – EVALUATION-COMMERCIAL ITEMS (OCT 2014) for complete instructions on how to submit a proposal.

A. Attached is the Request for Proposal Number SPE600-16-R-0506, for fuel services with the capability to receive, store, protect, inject, and ship approximately 607,000 BBLS (402,000 BBLS F-76 and 205,000 BBLS JP-5) of Government-owned product in the Port of Djibouti, Africa (See B-0001- B34.01).

B. Your proposal must be received no later than 09:00 AM local Fort Belvoir, VA (EST) time on December 14, 2015. Offerors shall clearly mark all envelopes/packages sent in response to this solicitation with the words: "OFFERED UNDER SOLICITATION SPE600-16-R-0506”

C. FAXED PROPOSALS ARE NOT AUTHORIZED. You may, however, email your proposal to:

bidcustodian@dla.mil. All emailed proposals MUST be followed-up with a hard copy of your proposal NO LATER THAN TEN (10) business days after solicitation closing. Late proposals will be processed in accordance with FAR 15.208, Submission, Modification, Revision and Withdrawal of Proposal.

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

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

ATTN: DLA Energy-FESBB Bid Custodian Room 2945 ATTN: DLA Energy-FESBB Bid Custodian Room 2945 Defense Logistics Agency Energy Ms. Debbie Lloyd/ Telephone: 703-767-9350 8725 John J. Kingman Road, Suite 2945 Defense Logistics Agency Energy Fort Belvoir, VA 22060-6222 8725 John J. Kingman Road, Suite 4950 Fort Belvoir, VA 22060-6222

FOR VERIFICATION OF RECEIPT: Contact Mrs. Micherie M. Dougherty at (703)-767-3681.

D. NOTICE REGARDING SUSPENSION/DEBARMENT/INELIGIBILITY: Any contract awarded to a Contractor who, at the time of award was suspended, debarred, and ineligible for receipt of contract with Government Agencies or in receipt of a notice of proposed debarment from any Government Agency, is voidable at the option of the Government.

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

F. QUESTIONS RELATING TO THIS SOLICITATION: Must be emailed to Micherie M.

Dougherty, Contract Specialist at Micherie.Dougherty@dla.mil, no later than November 23, 2015.

Please reference the Solicitation Number in the SUBJECT LINE of your email. All responses will be provided via an amendment to the solicitation.

mailto:bidcustodian@dla.mil mailto:Micherie.Dougherty@dla.mil

CLAUSE/PROVISION NO TITLE PAGE NUMBER(S)

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B-0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) 9-13

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

PERFORMANCE WORK STATEMENT

C-0001-C19-01 SECURITY AND FIRE PROTECTION (DLA ENERGY AUG 1988) 13

C-0002 -ENERGY

QAP C19.04

REMOVAL OF WATER BOTTOMS (DLA ENERGY FEB 1998) 12

C-0003 - ENERGY

QAP C19.07

SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) (DLA ENERGY

JAN 2012)

SECTION E - INSPECTION AND ACCEPTANCE

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) DFARS 14-15

252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY

OPERATIONS (OCT 2010) DFARS

E-0001 - ENERGY

QAP E1.01

CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF SERVICES

(DLA ENERGY JAN 2012)

E-0002 - ENERGY

QAP E1.11

QUALITY CONTROL PLAN (DLA ENERGY MAR 2000)

E-0003 -ENERGY

QAP E18

INSPECTION AND CLEANING OF BULK PETROLEUM TANKS (DLA ENERGY NOV

2003)

16-18

E-0004 - ENERGY

QAP E22

LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JUL

2013)

18-21

E-0005 - ENERGY

QAP E28

CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA ENERGY DEC

2011)

21-23

E-0006 - ENERGY

QAP E34

TEST FOR SULFIDES IN WATER (DLA ENERGY MAY 1987) 23-24

E-0007 - ENERGY

QAP E35

NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) 24-25

E-0008 - ENERGY

QAP E36

INSPECTION (STORAGE) (DLA ENERGY FEB 1970)

SECTION F - DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989) FAR 26

52.247-34 F.O.B. DESTINATION (NOV 1991) FAR 26-27

F-0001-F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997) 27-31

F-0002-F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY APR 2014) 31-32

F-0003-F1.14 DETERMINATION OF QUANTITY (STORAGE) (DLA ENERGY NOV 1997) 32-33

F-0004-F45.03 OPERATION OF FUEL SYSTEM ICING INHIBITOR ADDITIVE SYSTEM

CONTRACTOR-OWNED CONTRACTOR-OPERATED (COCO) (DLA ENERGY JAN

2014)

33-34

F-0005-F45.04 OPERATION OF CORROSION INHIBITOR/LUBRICITY IMPROVER ADDITIVE

SYSTEM, CONTRACTOR-OWNED CONTRACTOR-OPERATED (COCO) (DLA ENERGY

JAN 2014)

34-35

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

DEC 1991)

35-36

SECTION G - CONTRACT ADMINISTRATION DATA

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (JUL 2013) FAR

36-38

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) DFARS 38

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) DFARS 38-40

G-0001-G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 40

G-0002-G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999) 41-42

G-0004-G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - FEDERAL RESERVE WIRE

TRANSFER SYSTEM (DLA ENERGY JAN 2012)

42-43

G-0005-G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA ENERGY MAY 2009) 44

G-0006-G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA ENERGY JUL 1997) 44

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-0001-H11 GUARD SERVICE (DLA ENERGY MAR 1982) 44

H-0002-H19.01 REPORTING AND CONTAINING OIL SPILLS (OVERSEAS STORAGE) (DLA ENERGY

JAN 1982)

44-45

SECTION I - CONTRACT CLAUSES

52.202-01 DEFINITIONS (NOV 2013) FAR 45

52.203-03 GRATUITIES (APR 1984) FAR 45

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006),

ALT I (OCT 1995) FAR

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010) FAR

46-50

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010) FAR 50-54

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER (MAY 2011) FAR

54-55

52.204-07 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) FAR 54-57

52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

FAR

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUL 2013) FAR

57-61

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) FAR 61-63

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2015) FAR

63-64

52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR SUSPENSION (AUG

2013) FAR

64-65

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) FAR 65-72

Addendum to 52.212-04

ADDENDUM TO FAR 52.212-04 CONTRACT TERMS AND CONDITIONS -

COMMERCIAL ITEMS (AUG 2015)

72-73

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS - COMMERCIAL ITEMS (MAY 2015) FAR

73-80

52.215-08 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR 80

52.217-05 EVALUATION OF OPTIONS (JUL 1990) FAR 80

52.217-08 OPTION TO EXTEND SERVICES (NOV 1999) FAR 81

52.217-09 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 81

52.222-50 COMBATTING TRAFFICKING IN PERSONS (MAR 2015) FAR 81-88

52.223-06 DRUG-FREE WORKPLACE (MAY 2001) FAR 88-90

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011) FAR

90-91

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR 91-92

52.229-06 TAXES-FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) FAR 91-94

52.232-01 PAYMENTS (APR 1984) FAR 94

52.232-08 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) FAR 94

52.232-17 INTEREST (MAY 2014) FAR 95-96

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) FAR 96

52.233-01 DISPUTES (MAY 2014), ALT I (DEC 1991) FAR 96-98

52.233-02 SERVICE OF PROTEST (SEP 2006) FAR 98

52.233-03 PROTEST AFTER AWARD (AUG 1996) FAR 98-99

52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR 99

52.242-13 BANKRUPTCY (JUL 1995) FAR 99

52.244-05 COMPETITION IN SUBCONTRACTING (DEC 1996) FAR 99-100

52.245-01 GOVERNMENT PROPERTY (APR 2012) FAR 100-113

52.245-09 USE AND CHARGES (APR 2012) FAR 114-116

52.246-25 LIMITATION OF LIABILITY - SERVICES (FEB 1997) FAR 116-117

52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR 117

52.253-01 COMPUTER GENERATED FORMS (JAN 1991) FAR 117

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011) DFARS

117-118

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

DFARS

252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013) DFARS 118-119

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS 119-120

252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION

(NOV 2013) DFARS

120-125

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC

1991) DFARS

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) DFARS

125-126

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012) DFARS 126-129

252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997) DFAR 129-130

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015) DFARS

130-131

252.225-7993 PROHIBITION ON CONTRACTING WITH THE ENEMY (DEVIATION 2014-O0020) (SEP 2014)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUN 2012) DFARS

131-132

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS 132-133

252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997) DFARS 133

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) DFARS 133

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS 134

252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY

(APR 2012) DFARS

252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (APR 2012) DFARS 135-136

252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012)

DFARS

136-137

252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (MAR 2015) DFARS 137-142

252.247-7023 TRANSPORATION OF SUPPLIES BY SEA (APR 2014) DFARS 142-145

252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000) DFARS

52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (JULY 2015) DLA 146-150

52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV

2011) DLA

I-0001-I1.01-4 DEFINITIONS (CONT'D)(STORAGE) (DLA ENERGY JUNE 2009) 151-153

I-0002-I116 RESPONSIBILTY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DLA

ENERGY JAN 2012)

153-154

I-0003-I116.01 LIABILITY FOR FUEL SPILLS (DLA ENERGY JAN 2012) 154

I-0004-I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DLA ENERGY JAN

2012) 154-159

I-0005-I147 DEUMRRAGE (DLA ENERGY NOV 1989) 160

I-0006-I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN 2012) 160

I-0007-I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) IMPLEMENTATION (SEP

2009) 160-161

I-0008-I385 NOTIFICATION OF CONTRACTING OFFICER IN THE EVENT OF DISCOVERY OF

EVIDENCE OF FRAUD UNDER THE CONTRACT (DLA ENERGY JUL 2008)

SECTION J - LIST OF ATTACHMENTS

ATTACHMENT 1 PERFORMANCE WORK STATEMENT

ATTACHMENT 2 OFFEROR'S SUBMISSION PACKAGE (OSP)

ATTACHMENT 3 PAST PERFORMANCE QUESTIONNAIRE

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

52.203-02 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) FAR 161-162

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2007) FAR

162-163

52.204-06 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUL 2013) FAR 163-164

52.209-05 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) FAR 164-166

52.209-07 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) FAR 166-168

52.209-09 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JUL 2013) FAR

168-169

52.212-03/ALT I OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS

(MAR 2015) ALTERNATE I (OCT 2014)FAR

169-186

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN SANCTIONED

ACTIVITIES RELATING TO IRAN -REPRESENTATION AND CERTIFICATION (DEC

186-187

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(NOV 2011) DFARS

252.209-7992 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-FISCAL

YEAR 2015 APPROPRIATIONS (DEVIATION 2015-O0005) (DEC 2014)

252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL

VIOLATION UNDER ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR

2012)

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) DFARS 189

K-0001-K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 190

K-0002-K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 190

K-0003-K86 FOREIGN TAXES (DLA ENERGY NOV 2014) 190-191

K-0004-K150 WIDE AREA WORK FLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA

ENERGY MAY 2014)

191-192

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015) FAR 192-193

52.212-01 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (APR 2014) 193-197

Addendum to 52.212-01

ADDENDUM TO FAR 52.212-01 INSTRUCTIONS TO OFFERORS - COMMERCIAL

ITEMS (AUG 2015)

197-202

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) FAR 202

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) FAR 202

52.216-01 TYPE OF CONTRACT (APR 1984) FAR 202

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER

(JUL 2013) FAR

52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) FAR 203

52.215-9023 REVERSE AUCTIONS (OCT 2013) (DLAD) 203-205

52.233-9000 AGENCY PROTESTS (NOV 2011) DLAD 205-206

L-0001-L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 206

L-0002-L2.11-4 EMAIL PROPOSALS (DLA ENERGY OCT 2010) 206-207

L-0003-L116.01 DATA REQUIREMENTS (STORAGE) (DLA ENERGY JAN 2013) 207

SECTION M - EVALUATION FACTORS FOR AWARD

52.212-02 EVALUATION - COMMERCIAL ITEMS (OCT 2014) FAR 208

Addendum to 52.212-02

ADDENDUM TO FAR 52.212-02 EVALUATION - COMMERCIAL ITEMS (AUG 2015)

208-212

M-0001-M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

212-213

SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS

B-0001-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:

CONTRACT LINE ITEM 0001 – OCONUS COCO STORAGE SERVICES, V20000034: (FIRM

FIXED PRICE)

The Contractor shall provide Contractor-Owned, Contractor-Operated COCO bulk fuel service capabilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the FOUR (4) year period of February 23, 2016 through February 22, 2020.

AREA(S) OF CONSIDERATION: Port of Djibouti, Horn of Africa

The prices for the services and facilities to be provided during the FOUR-YEAR performance period (February 23, 2016 through February 22, 2020), as described in the Performance Work Statement, includes the following:

CLIN Product/ Tank #

Shell Capacity

(BBLS)

Fill Capacity

(BBLS)

OCONUS COCO

STORAGE

SERVICES

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

(MUCC)

Annual Storage Use Charge Four Year Cost

0001 $ $ $

Dedicated Line Fill F-76

Dedicated Line Fill

JP-5

CONTRACT

TOTAL $ $ $

NOTE: A fill capacity quantity of 607,000 barrels is required. Monthly and Annual Storage Charges shall be based on this quantity. Additionally, Monthly Usage prices when multiplied by 12 months should equate to the Annual Storage Usage Charge as stated in the above chart. All dedicated line fill (if applicable) should be captured on a separate line above notated as “Dedicated Line Fill.” The Government shall have the right to utilize the total Fill Capacity of above identified tanks at no increase to the offered storage charges.

NOTE: In accordance with (IAW) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999), the contractor is accepting that prices for the six one (1) month extensions (if required) will remain the same as the offered prices under DLA Energy Contract Provision B-0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) unless otherwise stipulated.

IAW Energy QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY NOV 2003), tanks required to be cleaned/inspected at the contractors expense shall be removed from revenue at a prorated amount. Prorated daily reductions/additions to CLIN 0001 (OCONUS COCO STORAGE SERVICES) for utilization during the month in which the tank is removed from/returned to revenue for cleaning/inspection for each tank offered should be annotated in the table below (If alternate tankage is not available the proposed reductions in the storage capacity will be in accordance with the amount stipulated in the table below):

Tank Monthly OCONUS COCO Storage Service Price

Annual Storage Use Charge

Daily Cost Per Tank When Removed From

Revenue IAW E18

0001 $ $ $

NOTE: If alternate tankage is offered under QAP E18 and utilized when cleaning/inspection occurs, the rates in the above chart shall not be utilized. Instead, the awarded $/BBL/YR and calibrated fill capacity for offered alternate tankage will be utilized for monthly price calculation. Rates above shall be determined for each tank offered under CLIN 0001 by utilizing the following formula:

Annual OCONUS COCO Storage Service Price = Daily Reduction/Addition 365 Days

CONTRACT LINE ITEM 0002 – OCONUS COCO STORAGE SERVICES, V20000034: (FIRM

FIXED PRICE)

The Contractor shall provide Contractor-Owned, Contractor-Operated COCO bulk fuel service capabilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the FIVE (5) year period of February 23, 2020 through February 22, 2025.

AREA(S) OF CONSIDERATION: Port of Djibouti, Horn of Africa

The prices for the services and facilities to be provided during the FIVE-YEAR performance period (February 23, 2020 through February 22, 2025), as described in the Performance Work Statement, includes the following:

CLIN Product/ Tank #

Shell Capacity

(BBLS)

Fill Capacity

(BBLS)

OCONUS COCO

STORAGE

SERVICES

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

(MUCC)

Annual Storage Use Charge Five Year Cost

0002 $ $ $

Dedicated Line Fill F-76

Dedicated Line Fill

JP-5

NOTE: A fill capacity quantity of 607,000 barrels is required. Monthly and Annual Storage Charges shall be based on this quantity. Additionally, Monthly Usage prices when multiplied by 12 months should equate to the Annual Storage Usage Charge as stated in the above chart. All dedicated line fill (if applicable) should be captured on a separate line above notated as “Dedicated Line Fill.” The Government shall have the right to utilize the total Fill Capacity of above identified tanks at no increase to the offered storage charges.

NOTE: In accordance with (IAW) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999), the contractor is accepting that prices for the six one (1) month extensions (if required) will remain the same as the offered prices under DLA Energy Contract Provision B-0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) unless otherwise stipulated.

IAW Energy QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY NOV 2003), tanks required to be cleaned/inspected at the contractors expense shall be removed from revenue at a prorated amount. Prorated daily reductions/additions to CLIN 0001 (OCONUS COCO STORAGE SERVICES) for utilization during the month in which the tank is removed from/returned to revenue for cleaning/inspection for each tank offered should be annotated in the table below (If alternate tankage is not available the proposed reductions in the storage capacity will be in accordance with the amount stipulated in the table below):

Tank Monthly OCONUS

COCO Storage Service Price

Annual Storage Use Charge

Daily Cost Per Tank When

Removed From Revenue IAW E18

NOTE: If alternate tankage is offered under E18 and utilized when cleaning/inspection occurs, the rates in the above chart shall not be utilized. Instead, the awarded $/BBL/YR and calibrated fill capacity for offered alternate tankage will be utilized for monthly price calculation. Rates above shall be determined for each tank offered under CLIN 0001 by utilizing the following formula:

Annual OCONUS COCO Storage Service Price = Daily Reduction/Addition 365 Days

SECTION C – SPECIFICATIONS/SOW/SOO/ORD

PERFORMANCE WORK STATEMENT (PWS) – SEE ATTACHMENT 4 TO THIS

SOLICITATION

C-0001-C19.01 SECURITY AND FIRE PROTECTION (DLA ENERGY AUG 1988)

(a) The entire facility shall be enclosed by a fence suitable to deter unauthorized access. The fence shall be fitted with gates that may be padlocked when not in use.

(b) A method of visitor and entrance control will be in effect. A visitor register shall be maintained.

(c) An internal, self-powered communication system linking all critical points of the facility, capable of serving both as an alarm system and for conduct of terminal operation, will be in use.

(d) A water supply and fire fighting equipment conforming to National Fire Protection Association and American Petroleum Institute standards will be maintained. At locations outside the United States, other standards may be used with prior approval of the Contracting Officer.

(e) In the event of an emergency at a CONUS COCO terminal, the Contractor shall seek the assistance of the following as appropriate: local ambulance service; local fire department; local, county, and State police; regional office of the Federal Bureau of Investigation; Secret Service; U.S. Marshal's Service; and the Federal Emergency Management Agency.

C-0002-ENERGY QAP C19.04 REMOVAL OF WATER BOTTOMS (DLA ENERGY FEB 1998)

Storage tanks for DLA Energy use shall be equipped with positive water sumps for removal of all water bottoms. All storage tanks shall be drained of water a minimum of once each week and whenever storage tank gauging indicates water is present. (Weekly water drainage is necessary because the datum plate may not necessarily be the low point in the storage tank. Water could possibly accumulate below the datum plate and not show up in the gauging process.) Additionally, all storage tanks shall be drained of water prior to any transfer of fuel and after a minimum of 4 hours or maximum of 24 hours settling time following each product receipt. Storage tanks equipped with floating roofs shall be gauged for water after each rain and drained if water is found present. Product and water levels shall be gauged before and after the draining of water. Water gauges of each storage tank shall be taken and recorded each time it is gauged for product. (Each storage tank shall be equipped with a fuel/water separation system for collection of all product or water dispensed from its bottom water drain(s). This system shall have the capability to return separated product back into the same storage tank.)

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

ENERGY JAN 2012)

(a) SAMPLING. The samples identified in the solicitation attachment entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. The Contractor must provide these samples using qualified personnel, facilities, and equipment on-site and shall include all associated costs in the monthly service charge. These on-site resources may be provided by Contractor personnel or by a commercial source acting on behalf of the Contractor. The Quality Representative will not be responsible for taking any samples for the Contractor. All samples must be taken in accordance with ASTM D 4057, Standard Practice for Manual Sampling of Petroleum and Petroleum Products (API Manual of Petroleum Measurement Standards (MPMS), Chapter 8.1).

(b) TESTING. The tests identified in this solicitation attachment entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. Those tests identified in the attachment which are part of a higher order analysis (defined as follows: Composite Samples, Storage Tanks After Receipt, Interface Mixture, Dormant Stocks, and Individual Tests, including particulate contamination) shall be provided by the Contractor using one of the following options (the Contractor shall check the appropriate box below):

[ ] The Contractor will perform the tests using its own qualified personnel, facilities, and equipment. (All costs for this service are to be included in the monthly service charge.)

[ ] The Contractor will not perform the tests using its own personnel, but will provide on a seven days per week, 24 hours a day basis, it’s own facilities and equipment for testing of product by Government personnel. (All costs for this service are to be included in the monthly service charge.)

[ ] The Contractor will not provide its own personnel, facilities, or equipment. Instead, the Contractor will, within 24 hours after sampling, transport any sample(s) to a commercial laboratory approved by the Government and arrange for that commercial laboratory to perform all the required tests.

The Government, at its own option, may direct that samples be tested at a Government laboratory under contract to the Government. In this case, transport of such samples is still the responsibility of the Contractor. (The Government will reimburse the Contractor for the actual costs of the tests performed by their commercial laboratory. All other associated costs must be included in the monthly service charge.)

All other tests found in the above referenced attachment, which are not part of a higher order analysis, shall be provided in accordance with the CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) contract provision.

(c) All facilities and equipment to be provided, whether that of a Contractor or a commercial laboratory, must conform to the standards for such facilities and equipment established by the Occupational Safety and Health Act and the National Fire Protection Association or local regulations, whichever is more stringent.

SECTION E – INSPECTION AND ACCEPTANCE

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.

(End of clause)

252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR

MILITARY OPERATIONS (OCT 2010)

(a) Definition. “Discipline Working Group,” as used in this clause, means representatives from the DoD Components, as defined in MIL-STD-3007F, who are responsible for the unification and maintenance of the Unified Facilities Criteria (UFC) documents for a particular discipline area.

(b) The Contractor shall ensure, consistent with the requirements of the applicable inspection clause in this contract, that the facilities, infrastructure, and equipment acquired, constructed, installed, repaired, maintained, or operated under this contract comply with Unified Facilities Criteria (UFC) 1-200-01 for—

(1) Fire protection;

(2) Structural integrity;

(3) Electrical systems;

(4) Plumbing;

(5) Water treatment;

(6) Waste disposal; and

(7) Telecommunications networks.

(c) The Contractor may apply a standard equivalent to or more stringent than UFC 1-200-01 upon a written determination of the acceptability of the standard by the Contracting Officer with the concurrence of the relevant Discipline Working Group.

(End of clause)

E-0001-ENERGY QAP E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT

INSPECTION OF SERVICES (DLA ENERGY JAN 2012)

If any inspection or test is made by the Government on the premises of the Contractor or subcontractor, the Contractor without additional charge shall provide all reasonable facilities and assistance for the safety and convenience of the Government inspectors in the performance of their duties.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm

E-0002-ENERGY QAP E1.11 QUALITY 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-0003-ENERGY QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM

STORAGE TANKS (DLA ENERGY NOV 2003)

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

(1) Date and type of construction;

(2) Name of installing contractor;

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

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

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

(6) Record of tank repairs;

(7) Tank dimensions and capacity;

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

(9) Tank coating history;

(10) Tank strapping charts;

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

(12) Records of product tests and trends.

(b) At the Contractor's expense, the Contractor shall empty, inspect, and clean each bulk petroleum storage tank and dispose of all tank bottom waste for each tank furnished under this contract at the following intervals. When tank cleaning does take place, the Contractor, at his own expense, shall be responsible for providing alternate tankage and transferring the remaining product to that tankage.

Such tankage shall be suitable for storing the transferred product and shall be of equal or greater capacity than the tankage being cleaned. Any proposed reduction in the storage capacity cited in the contract must be approved by the Contracting Officer in advance.

(1) AVIATION FUEL STORAGE TANKS.

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

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

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

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

(v) Tanks will be emptied, cleaned, and inspected more frequently than the periods stated in (i) through (iv) above when sample analysis indicates a build-up of sediment in the tanks.

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

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

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

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

Tank

Number Location Reason Dates Replacement Tankage

E-0004-ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY

CONTRACTS (DLA ENERGY JUL 2013)

The following lists shall be used to identify the Government inspection office assigned inspection responsibility for DLA Energy contracts in a particular geographic area. These contracts include, but are not limited to, those for bulk petroleum products and additives, into-plane refueling, petroleum storage and laboratory services, coal, aerospace energy (including compressed gases), and posts, camps, and stations. The area of inspection responsibility and corresponding office code are assigned in paragraphs (a) and (b). The address and phone number of each inspection office by office code is provided in paragraph (c). Unless a particular inspection office is identified in another part of the contract, the assignments in this contract provision shall apply.

(a) AREAS OF RESPONSIBILITY AND OFFICE CODES WITHIN THE CONTINENTAL

UNITED STATES (CONUS):

Alabama 110 Maine 110 Oklahoma 110

Arizona 120 Maryland 110 Oregon 120

Arkansas 110 Massachusetts 110 Pennsylvania 110

California 120 Michigan 110 Rhode Island 110

Colorado 120 Minnesota 110 South Carolina 110

Connecticut 110 Mississippi 110 South Dakota 110

Delaware 110 Missouri 110 Tennessee 110

District of Columbia 110 Montana 120 Texas 110 1

Florida 110 Nebraska 110 Utah 120

Georgia 110 Nevada 120 Vermont 110

Idaho 120 New Hampshire 110 Virginia 110

Illinois 110 New Jersey 110 Washington 120

Indiana 110 New Mexico 120 West Virginia 110

Iowa 110 New York 110 Wisconsin 110

Kansas 110 North Carolina 110 Wyoming 120 2

Kentucky 110 North Dakota 110

Louisiana 110 Ohio 110

EXCEPTIONS:

1 The El Paso, Texas, area is assigned to Code 120 (DLA Energy Americas – West).

2 The Newcastle, Wyoming, area is assigned to Code 110 (DLA Energy Americas – East).

(b) AREAS OF RESPONSIBILITY AND OFFICE CODES OUTSIDE THE CONTINENTAL

UNITED STATES (OCONUS) (INCLUDING ALASKA AND HAWAII):

Afghanistan 400 Cyprus 200 Malaysia 300 Singapore 300

Africa 200 3 Egypt 4003 Maldives 300 South America 110

Alaska 300 Europe (Continental) 200 Malta 200 South Korea 300

Antarctica 300 Georgia 200 Mauritius 200 Sri Lanka 300

Armenia 200 Greenland 200 Mexico 110 Syria 400

Ascension Island 110 Hawaiian Islands 300 Midway Island 300 Taiwan 300

Australia 300 Hong Kong 300 Mongolia 300 Tajikistan 400

Azerbaijan 200 Iceland 200 Myanmar 300 Thailand 300

Azores 200 India 300 Nepal 300 Turkey 200

Bahrain 400 Indonesia 300 New Zealand 300 Turkmenistan 400

Bangladesh 300 Ireland 200 North Korea 300 United Arab

Bermuda 110 Iran 400 Oman 400 Emirates 400

Bhutan 300 Iraq 400 Pacific Islands United Kingdom 200

Brunei 300 Israel 200 (Central & South) 300 Uzbekistan 400

Cambodia 300 Japan 300 Pakistan 400 Vietnam 300

Canada 110/120 4 Jordan 400 Papua New Guinea 300 Wake Island 300

Canary Island 200 Kazakhstan 400 Philippines 300 Yemen 400

Caribbean Islands 110 Kuwait 400 Qatar 400

Central America 110 Kyrgyzstan 400 Russia 200

Chagos Archipelago 300 Laos 300 Ryukus Islands, Japan 300

China 300 Lebanon 400 Saudi Arabia 400

Comoros 200 Madagascar 200 Seychelles Is. 420

EXCEPTIONS:

3 Except for Egypt, which is assigned to DLA Energy Middle East (Code 400), all other countries in Africa fall under DLA Energy Europe (Code 200).

4 The provinces of Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, Nova Scotia, and Prince Edward Island are assigned to DLA Energy Americas East (Code 110). The rest of Canada falls under DLA Energy Americas West (Code 120).

(c) INSPECTION OFFICES AND CODES.

110. DLA Energy Americas East ATTN: Quality Manager 5

Federal Building, Room 1005 2320 LaBranch Street Houston, TX 77004-1091 Phone: (713) 718-3883, ext. 162/161/160

FAX: (713) 718-3891

120. DLA Energy Americas West

3171 N Gaffey Street San Pedro, CA 90731-1099 Phone: (310) 241-2806/2807

FAX: (310) 241-2836

200. DLA Energy Europe and Africa

Military Mailing Address:

DLA Energy Petroleum Lab ATTN: Quality Manager 5

CMR 422

APO AE 09067-0422

Phone: 49-631-3406-2285/2286 6

FAX: 49-631-3406-2289 6

Commercial Shipping Address:

DLA Energy Petroleum Lab ATTN: Quality Manager Bldg. 320, Rhine Ordinance Barracks Am Opelkreisel 67663 Kaiserslautern, Germany

300. DLA Energy Pacific

1025 Quincy Avenue, Building 479, Suite 2000 Pearl Harbor, HI 96860-4512 Phone: (808) 473-4307/4287

FAX: (808) 473-4232

400. DLA Energy Middle East

PSC 851, Box 180

FPO AP 09834-2800

Phone: 973-17-85-6493 6

FAX: 973-17-85-4650 6

[Location: Bahrain]

5 Designated location of the DLA Energy Regional Quality Manager/Pre-Award Survey Monitor.

6 Dial 011 before these numbers when calling from the U.S. When calling these numbers from outside the U.S., use the appropriate international long distance prefix for the country where the call originates.

E-0005-ENERGY QAP E28 CONTRACTOR 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 SHIPMENT MINIMUM QUANTITY RETENTION PERIOD

Pipeline 20 liters 60 days

Tanker/Barge

Parcel Composite 20 liters 90 days

Each compartment 0.5 liters 90 days

Navy Fleet Oilers/Vessels 10 liters 60 days

Tank Truck/Car 1 liter 15 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-0006-ENERGY QAP E34 TEST FOR SULFIDES IN WATER (DLA ENERGY MAY 1987)

(a) SCOPE. This method describes a procedure for determining the presence of hydrogen sulfide, which is sometimes formed as a result of bacterial action on the sulfates contained in water bottoms in fuel storage tanks.

(b) APPARATUS. 250 ml conical flask.

(c) MATERIALS.

(1) Dilute (10%) chemically pure sulfuric or hydrochloric acid.

(2) Lead acetate paper.

(d) SAMPLES. Representative water samples from storage tank bottoms must be taken in a glass bottle. In some cases it will be necessary to take the water sample in a Bacon bomb sampler. Samples so taken will always be transferred to a glass bottle. To preclude oxidation by air, the filled bottle must be capped immediately. The sample should be tested as soon as possible after sampling to minimize possible changes in the composition of materials in the water.

(e) PROCEDURE.

(1) The sample must be shaken thoroughly just prior to performing the test to make certain that any sediment present is included in the portion of the sample to be tested.

(2) Transfer 100 ml of the shaken sample into a conical flask. Add 20 ml of dilute (10%) chemically pure sulfuric or hydrochloric acid to the flask. Immediately place a piece of lead acetate paper folded in a "V" shape in the neck of the flask. Bring the water to a boil and continue to gently boil for three or four minutes.

(f) REPORT. The presence of sulfides in the sample will be reported if the lead acetate paper shows a black or brown discoloration.

E-0007-ENERGY QAP 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.

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