SPE600-16-R-0508_1449_-_Okinawa.pdf

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0060778254

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE600-16-R-0508

6. SOLICITATION ISSUE

DATE

2015 DEC 01

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Tonya D. Willis DTW0022

b. TELEPHONE NUMBER (No Collect calls)

Phone: 703-767-7696

8. OFFER DUE DATE/

LOCAL TIME

2016 JAN 20

09:00 AM

9. ISSUED BY CODE SPE600 10.THISACQUISITION IS UNRESTRICTED OR SET ASIDE: %FOR:

SMALLBUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONESMALL SMALL BUSINESS PROGRAM

BUSINESS

EDWOSB NAICS: 493190

SERVICE-DISABLED

VETERAN-OWNED

8 (A) SIZE STANDARD: $27.5M

SMALL BUSINESS

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEESCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

SEE SCHEDULE

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE

TELEPHONENO.

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 SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

SOLICIATION SPE600-16-R-0508

MCB OKINAWA, JAPAN

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

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

A. Attached is Solicitation SPE600-16-R-0508 for ground fuel services in support of Marine Corps Bases (MCB) Okinawa, Japan in accordance with the attached performance work statement. These services include operation and maintenance, security and safety of government aviation and ground fuel facilities located at seven (7) Marine Corps Installations in Okinawa, Japan (Camp Kinser, Camp Foster, Marine Corps Air Station (MCAS) Futenma, Camp Courtney, Camp Hansen, Camp Schwab, and Camp Gonzalves).

B. Your proposal must be received no later than 09:00 AM local Fort Belvoir, VA (EST) time on JANUARY 20, 2016.

Offerors shall clearly mark all envelopes/packages sent in response to this solicitation with the words: "OFFERED

UNDER SOLICITATION SPE600-16-R-0508”

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:

ATTN: DLA Energy-FESBA Bid Custodian Room Defense Logistics Agency Energy 8725 John J. Kingman Road, Suite 2945 Fort Belvoir, VA 22060-6222

Hand Carried/Courier Delivery Service only:

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

FOR VERIFICATION OF RECEIPT: Contact Ms. Tonya Willis at (703)-767-7696 or tonya.willis@dla.mil.

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 Tonya Willis, Contract Specialist at tonya.willis@dla.mil no later than December 29, 2015. Please reference the Solicitation Number in the SUBJECT LINE of your email. All responses will be provided via an amendment to the solicitation.

Table of Contents

SECTION A – SOLICITATION/CONTRACT FORM

SF-1449 SOLICITATION/CONTRACT/ORDER COMMERCIAL ITEMS 1

ADDITIONAL INSTRUCTIONS FOR PROSPECTIVE OFFERORS 3

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

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

SECTION C - SPECIFICATIONS/SOW/SOO/ORD/PWS

C-0001-C19.01 SECURITY AND FIRE PROTECTION (DLA ENERGY AUG 1988) 11

C-0002 -

ENERGY QAP

C19.04

REMOVAL OF WATER BOTTOMS (DLA ENERGY FEB 1998) 11

C-0003 -

ENERGY QAP

C19.07

SAMPLING AND TESTING OF PETROLEUMPRODUCTS (STORAGE) (DLA ENERGY

JAN 2012)

SECTION D - PACKAGING AND MARKING

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

(FEB 2007)

SECTION E - INSPECTION AND ACCEPTANCE

52.246-04 INSPECTION OF SERVICES - FIXED PRICE (AUG 1996) 12

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) 12

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

OPERATIONS (OCT 2010)

E-0001 - E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF SERVICES

(DLA ENERGY JAN 2012)

E-0002 - E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000) 12

E-0003 - E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (STORAGE)(DLA

ENERGY JUL 2013)

E-0004 - E29.01

CONTRACT TURNOVER INSPECTION (DLA ENERGY MAR 2002) 14

E-0005 - E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) 15

SECTION F - DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989) FAR 16

52.247-34 F.O.B. DESTINATION (NOV 1991) FAR 16

F-0001-F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997) 16

F-0002-F1.09 DETERMINATION OF QUANTITY (DLA ENERGY AUG 2015) 19

F-0003-F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY APR 2014) 22

F-0004-F1.14 DETERMINATION OF QUANTITY (STORAGE) (DLA ENERGY NOV 1997) 23

F-0005-F200 DELIVERY PERIOD AND PERFORMANCE REQUIREMENTS (DLA Energy APR 1997)

SECTION G - CONTRACT ADMINISTRATION DATA

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

MANAGEMENT (JUL 2013)

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) 25

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEVIATION) (MAY 2014) 25

G-0001-G3 INVOICE NUMBERING REQUIREMENTS (DLA Energy AUG 1998) 26

G-0002-G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA Energy DEC 1999) 26

G-0004-G9.07-

ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE

TRANSFER SYSTEM (DLA ENERGY JAN 2012)

G-0004-G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA Energy MAY 2009) 28

G-0005-G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA Energy JUL 1997) 28

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-0001-H11 GUARD SERVICE (DLA Energy MAR 1982) 29

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

JAN 1982)

SECTION I - CONTRACT CLAUSES

52.202-01 DEFINITIONS (NOV 2013) FAR 30

52.203-03 GRATUITIES (APR 1984) FAR 30

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010) FAR

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

PAPER (MAY 2011) FAR

52.204-07 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) FAR 30

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

FAR

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) FAR 30

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) FAR 30

ADDENDUM

TO 52.212-04

CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS 35

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (NOV 2015) FAR

52.212-9004 REFERENCE TO UNIFORM CONTRACT FORMAT (UFC) IN COMMERCIAL

ACQUISITIONS (NOV 2011) DLAD

52.215-02 AUDIT AND RECORDS - NEGOTIATION (OCT 2010) FAR 41

52.215-08 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997) FAR 41

52.215-9016 NOTICE TO CONTRACTORS AND DEFENSE FINANCE ACCOUNTING SERVICES

(DFAS) (NOV 2011)

52.217-05 EVALUATION OF OPTIONS (JUL 1990) FAR 41

52.217-08 OPTION TO EXTEND SERVICES (NOV 1999) FAR 41

52.217-09 OPTION TO THE TERM OF THE CONTRACT (MAR 2000) FAR 41

52.222-01 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) FAR 41

52.222-50 COMBATTING TRAFFICKING IN PERSONS (FEB 2009) FAR 41

52.223-05 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) FAR 41

52.223-06 DRUG-FREE WORKPLACE (MAY 2001) FAR 41

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) FAR 42

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (MAY 2011) FAR 42

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR 42

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF

CONTRACT (FEB 2000) FAR

52.228-05 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997) FAR 42

52.229-06 TAXES-FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) FAR 42

52.232-01 PAYMENTS (APR 1984) FAR 42

52.232-17 INTEREST (OCT 2010) FAR 42

52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) FAR 42

52.233-01 DISPUTES (JUL 2002) FAR 42

52.233-02 SERVICE OF PROTEST (SEP 2006) FAR 42

52.233-03 PROTEST AFTER AWARD (AUG 1996) FAR 42

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

2011)

52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR 42

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

2011) DLAD

52.237-02 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION

(APR 1984) FAR

52.237-03 CONTINUITY OF SERVICES (JAN 1991) FAR 42

52.242-13 BANKRUPTCY (JUL 1995) FAR 42

52.245-01 GOVERNMENT PROPERTY (APR 2012) FAR 42

52.245-09 USE AND CHARGES (APR 2012) FAR 42

52.246-25 LIMITATION OF LIABILITY - SERVICES (FEB 1997) FAR 42

52.251-01 GOVERNMENT SUPPLY SOURCES (APR 2012) FAR 42

52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR 43

52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) FAR FAR 43

52.253-01 COMPUTER GENERATED FORMS (JAN 1991) 43

252.201-7000 CONTRATING OFFICER’S REPRESENTATIVE (DEC 1991) 43

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011) DFARS

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-

CONTRACT-RELATED FELONIES (DEC 2008) DFARS

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

2013) DFARS

252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013) DFARS 43

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS 43

252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (MAY 2013) DFARS 43

252.204-7008 COMPLIANCE WITH SAFEGARDING COVERED DEFENSE INFORMATION

CONTROLS (AUG 2015) DFARS

252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION

(NOV 2013) DFARS

252.205-7000 PROVISIONS 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 TERRORIST COUNTRY (MAR 2014) DFARS

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012) DFARS 43

252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997) DFARS 43

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS

MATERIALS (APR 2012) DFARS

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015) DFARS

252.225-7981 ADDITONAL ACESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS (Other than USCENTCOM) (DEVIATION 2015-O0016) (SEP 2015)

252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2015-O0016)

(SEP 2015)

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) 43

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUN 2012)

252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997) 44

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 44

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) 44

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 44

252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR

2012)

252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (APR 2012) 44

52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (MAR 2012) DLAD 44

I-0001 - I1.01-4 DEFINITIONS (CONT'D STORAGE) (DLA Energy JUNE 2009) 44

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

Energy JAN 2012)

I-0003 - I116.01

LIABILITY FOR FUEL SPILLS (DLA Energy JAN 2012) 46

I-0004 - I119.04

INVENTORY CONTROL RECOR AND SYSTEMS OF RECOR (DLA Energy JAN 2012)

I-0005 - I180.02

ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN 2012) 51

I-0006 - I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) IMPLEMENTATION (SEP

2009)

I-0007 - I385 NOTIFICATION OF CONTRACTING OFFICER IN THE EVENT OF DISCOVERY OF

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

I-0008 – I605.01

DISCLOSURE OF INFORMATION (DLA ENERGY JAN 2012) 52

SECTION J - LIST OF ATTACHMENTS

ATTACHMENT A: PERFORMANCE WORK STATEMENT 52

ATTACHMENT B: OFFERORS SUBMISSION PACKAGE 52

ATTACHMENT C: PAST PERFORMANCE QUESTIONNAIRE 52

ATTACHMENT D: JOINT VENTURE PARTNER/SUBCONTRACTOR/TEAMING

PARTNER CONSENT FORM

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

52.203-02 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) FAR 53

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2007) FAR

52.204-03 TAXPAYER IDENTIFICATION (OCT 1998) FAR 53

52.204-06 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (DEC 2012)

FAR

52.209-05 CERTIFICATION REGARDING RESPONSIBILITY MATTER (APR 2010) FAR 54

52.209-07 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 55

52.209-09 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JUL 2013) FAR

52.212-03/ALT

I

OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS

(MAR 2015) ALTERNATE I (OCT 2014)FAR

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN -REPRESENTATION AND

CERTIFICATION (DEC 2012)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(NOV 2011)

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) 71

K-0001-K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 71

K-0002-K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 72

K-0003-K86 FOREIGN TAXES (DLA ENERGY NOV 2014) 72

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

ENERGY MAY 2014)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015) FAR 74

52.212-01 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (OCT 2015) FAR 74

ADDENDUM ADDENDUM TO 52.212-01 INSTRUCTION TO OFFERORS - COMMERCIAL ITEMS 77

TO 52.212-01

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) 80

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) 80

52.216-01 TYPE OF CONTRACT (APR 1984) 80

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER

(JUL 2013) FAR

52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 80

52.233-9000 AGENCY PROTESTS (NOV 2011) 81

L-0001-L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 81

L-0002-L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 81

L-0003-L198 PREPROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009) 82

SECTION M - EVALUATION FACTORS FOR AWARD

52.212-2 52.212-2 EVALUATION COMMERCIAL ITEMS (JAN 1999) 83

ADDENDUM

TO 52.212-2

ADDENDUM TO 52.212-2 83

M-0001-M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 86

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:

The Contractor shall provide ground fuel services in support of Marine Corps Bases (MCB) Okinawa, Japan. These services include operation and maintenance, security and safety of government aviation and ground fuel facilities located at seven (7) Marine Corps Installations in Okinawa, Japan (Camp Kinser, Camp Foster, Marine Corps Air Station (MCAS) Futenma, Camp Courtney, Camp Hansen, Camp Schwab, and Camp Gonzalves). Ground and Aviation fuel services encompass the receipt, storage, and dispensing of fuel products to tenant and visiting commands at the above locations.

LINE ITEM 0001: OCONUS GOCO Storage Services, V20000038: (FIRM-FIXED PRICE) The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the period 1200 hours July 01, 2016 through 1200 hours June 30, 2020.

This is an “all or none” solicitation. Offerors that do not include all places of performance will not be considered.

PLACE(S) OF PERFORMANCE: Camp Kinser, Camp Foster, MCAS Futenma, Camp Courtney, Camp Hansen, Camp Schwab, and Camp Gonzalves on Okinawa, Japan.

The total offered price per month for performing these services at the 7 location(s) listed is: $___________________

(PRORATED FOR PARTIAL MONTHS)

Provide the monthly cost for each location, if applicable:

LOCATION: MONTHLY AMOUNT:

CAMP KINSER $________________

CAMP FOSTER $________________

MCAS FUTENMA $________________

CAMP COURTNEY $________________

CAMP HANSEN $________________

CAMP SCHWAB $________________

CAMP GONZALVES $________________

LINE ITEM 0002 (OPTION 1): OCONUS GOCO Storage Services, V20000038: (FIRM-FIXED PRICE) The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the option period (if exercised) 1200 hours July 01, 2020 through 1200 hours June 30, 2025.

PLACE(S) OF PERFORMANCE: Camp Kinser, Camp Foster, MCAS Futenma, Camp Courtney, Camp Hansen, Camp Schwab, and Camp Gonzalves on Okinawa, Japan.

The total offered price per month for performing these services at the 7 location(s) listed is: $___________________

(PRORATED FOR PARTIAL MONTHS)

Provide the monthly cost for each location, if applicable:

LOCATION: MONTHLY AMOUNT:

CAMP KINSER $________________

CAMP FOSTER $________________

MCAS FUTENMA $________________

CAMP COURTNEY $________________

CAMP HANSEN $________________

CAMP SCHWAB $________________

CAMP GONZALVES $________________

LINE ITEM 0003 (OPTION 2 - EXTENSION OF SERVICES OPTION): OCONUS GOCO Storage Services, V20000038:

(FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the option period (if exercised) of six (6), one-month extensions beginning on 1200 hours July 01, 2025 exercised monthly (if required) to 1200 hours December 31, 2025.

PLACE(S) OF PERFORMANCE: Camp Kinser, Camp Foster, MCAS Futenma, Camp Courtney, Camp Hansen, Camp Schwab, and Camp Gonzalves on Okinawa, Japan.

The total offered price per month for performing these services at the 7 location(s) listed is: $_________________

(PRORATED FOR PARTIAL MONTHS)

SECTION C - SPECIFICATIONS/SOW/SOO/PWS

The Performance Work Statement is Attachment A.

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 firefighting 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 - ENERGY QAP 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 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, its 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.)

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

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

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

252.246-7006 SAFETY OF FACILITIES INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY OPERATIONS (OCT 2010)

E-0001 - 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.

E-0002 - 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 - 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 DC 110 Montana 120 Texas 110 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 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

Egypt 400

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

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

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).

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

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

CMR 422

APO AE 09067-0422

Phone: 49-631-3406-2285/2286

FAX: 49-631-3406-2289

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

FAX: 973-17-85-4650

[Location: Bahrain]

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

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-0004 - E29.01 CONTRACT TURNOVER INSPECTION (DLA ENERGY MAR 2002)

The outdoing Contractor, during the last 10 working days of the contract, shall permit personnel of the successor Contractor access to all contacted facilities to observe operations. The successor Contractor shall, during the last 96 hours of the expiring contract, be provided assistance by the outgoing Contractor, DLA Energy representatives, and the Contracting Officer’s Representative in accomplishing a joint facilities turnover inspection. The inspection shall provide for a facilities walk-through and property inventory, product sampling and testing, and a complete product inventory. The successor Contractor agrees to protect and not disclose any inadvertently disclosed proprietary information of the outgoing Contractor discovered during the turnover period.

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

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

52.247-34 FOB DESTINATION (NOV 1991) FAR

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

(a) The Contractor will prepare the inspection and shipment documents covering deliveries made from the terminal in accordance with instructions contained in the Documentation and Product Property Control Plan. Normally, the document will consist of DD Form 250 for tank car, tank truck, pipeline, and packaged shipments, and DD Form 250-1 and ullage/innage reports in the case of barge and tanker shipments. The Contractor will distribute the DD Forms 250 and the Quality Representative (QR) will distribute the DD Forms 250-1. When the QR is not present for release or shipment of product inspected at these facilities, and the Contractor's quality control program has been approved by the responsible Government Quality Office in accordance with paragraph 246.471 of the DOD FAR Supplement, the Contractor will insert the following certification on the inspector's copy of the shipping documents:

"I certify that the above supplies were (a) in the quantity indicated, (b) taken from Government-owned and approved stocks, and (c) loaded into inspected and approved containers. This shipment was released in accordance with paragraph 246.471-2 of the DoD FAR Supplement under authorization of (NAME and TITLE OF THE AUTHORIZED REPRESENTATIVE OF THE CONTRACT ADMINISTRATION OFFICE) in a letter dated (DATE OF AUTHORIZING

LETTER). (SIGNATURE AND TITLE OF CONTRACTOR'S DESIGNATED REPRESENTATIVE)."

(b) Shipment of products hereunder will be made only pursuant to a "release" furnished by the Product Property Administrator or his designated representative. The "release" will indicate the consignees who are authorized to issue "calls" or "orders" for shipment of product. Such "release" will be periodically furnished to the Contractor by the cognizant Product Property Administrator.

(c) Conveyances required for shipments shall be furnished or designated by the Government. The Contractor shall inspect all shipping conveyances prior to loading to insure that product loaded will not be lost or contaminated by the condition of the equipment. Tank truck inspection must be performed by qualified Contractor personnel. Delegation of this responsibility shall not be passed to the tank truck operator/driver. The tank truck operator/driver may be permitted to physically load the tank truck; however, the loading operation must be under the surveillance and direction of Contractor personnel. Equipment found to be unsatisfactory shall be reported as follows: (1) TANKERS AND BARGES. Report immediately by telephone to the QR; if not present, the master of the tanker or barge or to the carrier's agent or general office; (2) TANK CARS. Report to the QR and by wire (Government Rate, Collect) to Commander, Eastern Area, Military Traffic Management Command, ATTN: MTE-INR-O, Brooklyn, NY 11250. Any shortage or overage of tank cars shall be similarly reported; (3) TRANSPORT TRUCKS. Contractor shall expeditiously report to the Traffic Manager of the appropriate Defense Fuel Region, Government QR, and to the carrier's terminal where equipment is domiciled.

(d) Except when loading barges or tankers, or making pipeline deliveries, strainers of 100 mesh or finer shall be utilized in loading aviation fuels and jet lubricating oil and 60 mesh or finer in the case of reciprocating engine oil. Strainers shall be located as near the loading point as practicable. Contractor shall furnish and periodically inspect and clean such strainers and repair same, if necessary, keeping a written record thereof.

(e) Contractor shall affix serially numbered seals to the dome covers of tank cars and all openings in the case of tank trucks in such a manner that entry could only be gained by breaking a seal. Such seals will be furnished by the Contractor. Seal numbers will be indicated on shipping documents.

(f) Placards, as required by 49 CFR 172.506 and 49 CFR 172.508, shall be furnished and affixed to all tank cars and tank trucks by Contractors unless placards are already affixed.

(g) FOR TANK CARS ONLY.

(1) If Government-owned or leased tank cars are furnished, the Contractor will maintain records showing each day a car is received or forwarded by car number and will furnish the information to the Defense Fuel Regional Office upon request.

(2) Bottom outlet gaskets and manway cover gaskets, when required due to deterioration or loss, shall be furnished and applied to tank cars by the Contractor.

(3) The Contractor shall (i) inspect empty Government-owned tank cars located on the Contractor's premises and (ii) ship tank cars located on the Contractor's premises to repair facilities as directed by the Government.

(h) Unless otherwise directed, the Contractor shall prepare and distribute Government bills of lading utilized in shipments. Such bills of lading, routing instructions, and transportation assistance will be furnished by the Defense Fuel Region placing orders.

(i) The Contractor shall comply with routing instructions furnished by the Government. Such instruction will include names, routes, route order numbers, and other pertinent information. The Contractor shall be responsible for scheduling of commercial transport trucks, trucks and trailer, and tank wagons to its plant in accordance with such routing instructions and consonant with the applicable order. The Contractor shall provide sufficient advance notice to carriers and schedule the carrier's equipment for loading. The Contractor shall reimburse the Government for any demurrage incurred as a result of improper scheduling.

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

(k) Custody of product shipped by transport truck, and risk of loss thereof, shall pass from the Contractor to the carrier when the loaded transport truck is released for shipment by the Contractor.

(l) Custody of product shipped by tank car, and risk of loss thereof, shall pass from the Contractor to the carrier when the loaded tank car is picked up by the carrier.

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

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

(o) The following subparagraphs only apply to barges and tankers.

(1) SCHEDULED ARRIVAL DATE AND BASIC ALLOWED LAYTIME.

(i) Notice shall be furnished to the Contractor in advance of the date on which loading is to be made, which date is hereinafter referred to as the "Scheduled Arrival Date." Each notice will specify the quantity to be loaded, the cargo number, and name of the vessel and the scheduled loading date. For tankers, notice will also include the size of the vessel and the expected time of arrival. Notice of delivery will be furnished at least 72 hours in advance of the scheduled arrival date for tankers, and at least 48 hours in advance of the scheduled arrival date for barges. When anticipated vessel transit time to the loading point is less than 72/48 hours, the Government will provide the maximum notice practicable. Any change in the scheduled arrival date of less than 48 hours notice for barges and 72 hours notice for tankers will require verbal approval of the Contractor, confirmed in writing.

(ii) The Contractor shall provide as soon as possible, but within 3 hours after issue of notice of readiness to load from a barge and within 6 hours after the Contractor receives notice of readiness to load from a tanker, a reachable berth, free of cost to the Government, where the vessel can be safely moored and afloat with necessary access thereto PROVIDED, however --

(A) If the vessel is tendered for loading on a date earlier than the last agreed scheduled arrival date, the Government’s vessel shall be loaded 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.

(B) If the vessel is tendered for loading later than 12:00 noon of the day following the last scheduled arrival date, the vessel shall be loaded 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. If the vessel is not moored in its proper turn with other vessels, laytime will commence at 6:00 A.M.

on the date the Government vessel’s turn occurred.

(iii) 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.

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

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

(A) FOR BARGES: One hour for each 2,000 barrels of product to be loaded.

(B) FOR TANKERS: Thirty-six hours for load of full vessel…