SPE600-16-R-0528_Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0062932150

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE600-16-R-0528

6. SOLICITATION ISSUE

DATE

2016 OCT 03

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Christopher Kidwell FPL1393

b. TELEPHONE NUMBER (No Collect calls)

Phone: 703-767-8727

8. OFFER DUE DATE/

LOCAL TIME

2016 NOV 17

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

SERVICE-DISABLED

EDWOSB NAICS: 493190

VETERAN-OWNED 8 (A) SIZE STANDARD: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

TELEPHONENO.

CODE

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

OFFER

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

BELOW IS CHECKED 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)

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

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

SOLICITATION SPE600-16-R-0528

Kingsville, TX 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-0528 for above ground fuel storage tanks and components to receive fuel by commercial tank truck and supply product to the mobile refuelers as the fillstands at Naval air station (NAS) Kingsville, TX, Naval Auxiliary Landing Field (NALF) Orange Grove and Naval Outlying Field (NOLF) Goliad. In accordance with the attached performance work statement. These services include management, operation, maintenance, product quality surveillance, inventory control and accounting, serurity, safety, and environmental protection of the Government Owned, Contractor-Operated (GOCO) facilities.

B. The NAICS code is 493190 and the threshold is $27.5 million in annual receipts. The point of contact for Small Business Affairs is Mr. Gregory Thevenin, 703-767-9465.

C. A pre-proposal conference is scheduled for October 17 - 21, 2016 at Kingsville, TX. (See provision L-0006 L198 PRE-PROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009) for details and directions). Interested parties planning to attend should submit names, phone numbers, email address and company represented to Chris Kidwell via email at Christopher.Kidwell@dla.mil no later than October 4, 2016 0900 EST (See clause DLAD 52.215-9007). Technical questions should also be submitted, but answers will be posted in an Amendment. Address for the conference/meeting room for the pre-proposal conference will be announced in Amendment 0001.

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

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

Volume Title No. of Copies Required Page

Limit I Technical Proposal 1 original and 1 PDF electronic copy 70 II Offeror Submission

Package (OSP) includes Price Proposal

1 original and 1 PDF electronic copy of Attachment II – OFFEROR

SUBMISSION PACKAGE

None

III Past Performance

(PPQ)

I PDF electronic copy None

E. DLA ENERGY-FESBC is the designated office for receipt of offers. Your proposal must be received no later than 09:00 AM local Fort Belvoir, VA (EST) time on November 17, 2016. All offerors shall clearly mark envelopes/packages sent in response to this solicitation with the words, “Offer Under Solicitation SPE600-16-R-0527.” Mailed offers should be mailed to the following address:

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

ATTN: DLA Energy-FESBA, Bid Custodian Room 2945 ATTN: DLA Energy-FESBC, Bid Custodian Room 2945 Defense Logistics Agency Energy Christopher Kidwell /Telephone: 703-767-8727 8725 John J. Kingman Road, Suite 2945 Defense Logistics Agency Energy Fort Belvoir, Virginia 22060-6222 8725 John J. Kingman Road, Suite 2945 Fort Belvoir, Virginia 22060-6222

For Verification of Receipt: Contact Chris Kidwell at (703) 767-8727.

Do not return the entire solicitation package. Simply complete and return one original, and one PDF electronic copy of the Offeror Submission Package and one original and one PDF electronic copy of the Technical Proposal submissions as described in 52.212-1 INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (APR 2014) with Addendum (SEP 2016). Your prices must be inserted in Clause B-0001 B34.01 SERVICES TO BE FURNISHED (AARD) (DLA ENERRGY FEB 1990) in the Offeror Submission Package. Proposed prices that are unrealistically low may be considered an indication of a lack of understanding of the solicitation requirements.

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

G. The Government intends to evaluate proposals and award contract after written or oral discussions with all responsible offerors that submit proposals within the competitive range.

This procurement will use Source Selection Procedures using Lowest Price Technically Acceptable (LPTA) process (FAR15.101-2). See FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (Oct 2014) for evaluation factors. The resulting type of contract will be Firm Fixed Price.

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

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

J. DEPARTMENT OF LABOR WAGE DETERMINATIONS: The minimum wage rates and fringe benefits applicable to the period of performance are contained in the following Wage Determination (See Attachment III):

Location: Kingsville, TX WAGE DETERMINATION: 2005- 2507 Rev. 18, dated 12/29/2015.

CBA District Lodge 776, Local Lodge 2340, dated 12/01/13- 11/30/17.

K. NOTICE REGARDING SUSPENSIONS/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.

Kingsville, TX L. Tax Exempt Number: For the Defense Logistics Agency- Energy is: 31-4420477.

M. Pricing of Services:

1. The prices submitted must be inclusive of all direct costs, indirect costs, and profit.

Offerors MUST include ALL cost associated with providing the services described herein.

2. The Government SHALL NOT be responsible for compensating the Contractor for any cost tied to solicitation requirements but not factored into the proposed prices, either by the Contractor’s intention or by mistake.

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) 11

SECTION C - SPECIFICATIONS/SOW/SOO/PWS

PWS PERFORMANCE WORK STATEMENT Att. 1

SECTION E – INSPECTION AND ACCEPTANCE

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) DFARS 12

E-0001

ENERGY QAP E1.01 CONTRACTOR RESPONSIBILITY FOR

GOVERNMENT INSPECTION OF SERVICES (DLA ENERGY JAN2012) 12

E-0002

ENERGY QAP E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR

2000) 12

E-0003

ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY

CONTRACTS (DLA ENERGY JUL 2013) 13

E-0004

ENERGY QAP E22.01 QUALITY REPRESENTATIVE (DLA ENERGY

JUL 1992) 15

E-0005

ENERGY QAP E28 CONTRACTOR INSPECTION RESPONSIBILITIES

(STORAGE) (DLA ENERGY DEC 2011) 15

E-0006

ENERGY QAP E29 INITIAL ON-STATION INSPECTION (AARD) (DLA

ENERGY MAR 1997) 17

E-0007

ENERGY QAP E29.01 CONTRACT TURNOVER INSPECTION (DLA

ENERGY MAR 2002) 17

E-0008

ENERGY QAP E30.01 DESIGNATION OF QUALITY

REPRESENTATIVE (AARD) (DLA ENERGY MAR 1981) 17

E-0009

ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES

(DLA ENERGY DEC 2011) 18

SECTION F – DELIVERIES OR PERFORMANCE

F-0001 F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997) 19

F-0002

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY)

(APR 2014) 22

SECTION G – CONTRACT ADMINISTRATION DATA

252.232-7003

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND

RECEIVING REPORTS (JUN 2012) 23

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) 25

G-0001

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG

1998) 27

Kingsville, TX

G-0002

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED

(DLA ENERGY DEC 1999) 27

G-0003

G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA

ENERGY MAY 2009) 27

G-0004

G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA

ENERGY JUL 1997) 28

SECTION H - SPECIAL CONTRACT REQUIREMENTS

52.246-9039

REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-

ACCEPTED SUPPLIES (NOV 2011) DLAD 28

H-0001 H11 GUARD SERVICE (DLA ENERGY MAR 1982) 28

H-0002

H19 REPORTING AND CONTAINING OIL SPILLS (DOMESTIC

STORAGE) (DLA ENERGY JAN 2012) 28

H-0003

H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND

SUBCONTRACTORS (DLA ENERGY JAN 2012) 29

SECTION I - CONTRACT CLAUSES

52.203-03 GRATUITIES (APR 1984) FAR 29

52.203-13

CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT

2015) FAR 30

52.204-16

COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(JUL 2015) FAR 34

52.204-18

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(JUL 2015) FAR 35

52.212-04

CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

(MAY 2015) FAR 36

Addendum 1 to 52.212-04

ADDENDUM - CONTRACT TERMS AND CONDITIONS-

COMMERCIAL ITEMS (MAY 2015) FAR 43

Addendum 2 to 52.212-04

ADDENDUM - CONTRACT TERMS AND CONDITIONS-

COMMERCIAL ITEMS (MAY 2015) FAR 43

52.212-05

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (MAR

2016) FAR 43

52.217-08 OPTION TO EXTEND SERVICES (NOV 1999) FAR 50

52.217-09

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

FAR 50

52.219-4

NOTICE OF PRICE EVALUATION FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2014) 51

52.219-09/ALT II

SMALL BUSINESS SUBCONTRACTING PLAN ALTERNATE II

(DEVIATION 2016-O0009) (AUG 2016) FAR 52

52.232-40

PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013) FAR 61

52.245-1 GOVERNMENT PROPERTY (APR 2012) 62

52.252-1

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998) 75

Kingsville, TX

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 75

252.203-7000

REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011) DFARS 76

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012) DFARS 77

252.204-7008

COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATIONCONTROLS (DEC 2015) DFARS 77

252.204-7011 ALTERNATIVE LINE ITEM STRUCTURE (SEP 2011) DFARS 77

252.204-7012

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (DEC 2015) DFARS 78

252.204-7015

DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT

CONTRACTORS (FEB 2014) DFARS 83

252.205-7000

PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS (DEC 1991) DFARS 84

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012) 84

252.215-7008 ONLY ONE OFFER (OCT 2013) DFARS 88

252.219-7003

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD

CONTRACTS). (DEVIATION 2016-O0009) 90

252.225-7012

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (FEB 2013)

DFARS 91

252.225-7050

DISCLOSURE OF OWNERSHIP OR CONTROL BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF

TERRORISM (OCT 2015) DFARS 94

252.226-7001

UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED

ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL

BUSINESS CONCERNS (SEP 2004) DFARS 95

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 97

252.237-7010

PROHIBITION ON INTERROGATION OF DETAINEES BY

CONTRACTOR PERSONNEL (JUN 2013) DFARS 98

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS 99

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) DFARS 100

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014) DFARS 100

52.215-9002 SOCIOECONOMIC PROPOSAL (FEB 2012) DLAD 103

52.215-9003

USE OF PAST PERFORMANCE INFORMATION RETRIEVAL SYSTEM

– STATISTICAL REPORTING (PPIRS-SR) INFORMATION IN PAST

PERFORMANCE EVALUATION (APR 2014) 104

52.233-9001

DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (NOV 2011) DLAD 105

I-0001

I1.01-4 DEFINITIONS (CONT’D) (STORAGE) (DLA ENERGY JUNE

2009) 105

I-0002

I1.01-9 DEFINITIONS (CONT’D) (AARD/TESTING) (DLA ENERGY

JUN 2009) 107

I-0003

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE –

COMMERCIAL ITEMS (DLA ENERGY FEB 1996) 108

I-0004

I102.02 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT

ACT -- PAYROLL TAX ADJUSTMENT (DLA ENERGY JAN 2012) 108

I-0005

I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM

PRODUCTS (DLA ENERGY JAN 2012) 109

Kingsville, TX

I-0006 I116.01 LIABILITY FOR FUEL SPILLS (DLA ENERGY JAN 2012) 110

I-0007

I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF

RECORD (DLA ENERGY JAN 2012) 110

I-0008

I121 CUSTODY OF PERTROLEUM PRODUCT (DLA ENERGY APR

1968) 115

I-0009 I122 USE OF FACILITIES (DLA ENERGY APR 2009) 116

I-0010 I123 TITLE TO FACILITIES (DLA ENERGY JUL 1991) 116

I-0011

I130 RISK OF LOSS OR DAMAGE TO GOVERNMENT-

OWNED AND/OR CHARTERED AIRCRAFT (DLA ENERGY

APR 1968) 116

I-0012 I147 DEMURRAGE (DLA ENERGY NOV 1989) 117

I-0013

I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY

JAN 2012) 117

I-0014

I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) (DLA

ENERGY APR 2009) 117

SECTION J - LIST OF ATTACHMENTS

ATTACHMENT I PERFORMANCE WORK STATEMENT (PWS)

ATTACHMENT II OFFEROR SUBMISSION PACKAGE (OSP)

ATTACHMENT

III COLLECTIVE BARGAINING AGREEMENT & WAGE DETERMINATIONS

ATTACHMENT

IV DLA ENERGY FORM 19.3 SMALL BUSINESS SUBCONTRACTING PLAN

ATTACHMENT

V PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT

VI

JOINT VENTURE PARTNER/SUBCONTRACTOR/TEAMING PARTNER

CONSENT FORM

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

52.209-07

INFORMATION REGARDING RESPONSIBIITY MATTERS (JUL 2013)

FAR 118

52.212-03/ALT I

OFFEROR REPRESENTATIONS AND CERTIFICATIONS -

COMMERCIAL ITEMS (APR 2016) ALTERNATE I (OCT 2014) FAR 102

52.225-25

PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS

RELATING TO IRAN-REPRESENTATION AND CERTIFICATION

(OCT 2015) RELATING TO IRAN-REPRESENTATION AND

CERTIFICATION (OCT 2015) 137

252.203-7005

REPRESENTATION RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS (NOV 2011) DFARS 138

252.222-7007

REPRESENTATION REGARDING COMBATING TRAFFICKING IN

PERSONS (JAN 2015) DFARS 138

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) 139

252.247-7022

REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA

(AUG 1992) DFARS 139

Kingsville, TX

K-0001

K1.01-12 SMALL BUSINESS PROGRAM NOTICE (DLA ENERGY JAN

2012) 140

K-0002 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 140

K-0003 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 140

K-0004

K150 WIDE AREA WORK FLOW (WAWF) SUPPLEMENTAL INVOICE

SUBMISSION (DLA ENERGY MAY 2014) 141

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

52.212-01

INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (OCT 2015)

FAR 141

Addendum to 52.212-01

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2015)

FAR 146

52.233-9000 AGENCY PROTESTS (NOV 2011) DLAD 151

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY N0V 1991) 151

L-0002

L2.06 EVIDENCE OF RESPONSIBILITY (AARD) (DLA ENERGY NOV

1989) 151

L-0003 L2.11-4 EMAIL PROPOSALS (DLA ENERGY OCT 2010) 152

L-0004 L82 WAGE DETERMINATION (DLA ENERGY FEB 2009) 153

L-0005

L198 PREPROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB

2009) 153

SECTION M - EVALUATION FACTORS FOR AWARD

52.212-02 EVALUATION - COMMERCIAL ITEMS (OCT 2014) FAR 154

Addendum to

52.212-02 EVALUATION -- COMMERCIAL ITEMS (OCT 2014) FAR 154

52.217-5 EVALUATION OF OPTIONS (JUL 1990) 159

M-0001-M72

EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA

ENERGY APR 1997) 159

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 aircraft fuel and ground fuel services support of Naval Air Station Base at Kingsville, TX to include Naval Auxiliary Landing Field (NALF) Orange Grove and Naval Outlying Field (NOLF) Goliad. These services include management, operations, maintenance, product quality surveillance, inventory control and accounting, security, safety, and environmental protection of the Government Owned, Contractor-Operated (GOCO) facilities.

Period of Performance: BASE PERIOD – March 01, 2017 through February 28, 2021 OPTION PERIOD – March 01, 2021 through February 28, 2026

Line Item 0001: Conus GOCO Storage Services V20000042 (Firm- Fixed Price):

Base Period: March 01, 2017 through February 28, 2021 The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with Performance Work Statement, Section C, and all other terms and conditions set forth herein, for this performance period.

Alongside Aircraft Refueling: M1GC/V20000042 ____________ x 48 (months) = $___________ (Monthly Charge) (Total Base Period)

NOTE: All G&A and profit for these line items must be included in CLIN 0001.

Line Item 0002: Conus GOCO Storage Services V20000042 (Firm- Fixed Price):

Option Period: March 01, 2021 through February 28, 2026 The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with Performance Work Statement, Section C, and all other terms and conditions set forth herein, for this performance period.

Alongside Aircraft Refueling: M1GC/V20000042 ___________ x 60 (months) = $____________ (Monthly Charge) (Total Option Period)

NOTE: All G&A and profit for these line items must be included in CLIN 0002.

NOTE: IAW FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999), the contractor is accepting that prices for the up to six months extension (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).

SECTION C - SPECIFICATIONS/SOW/SOO/PWS

Refer to Attachment: Performance Work Statement (PWS) NAS Kingsville, TX.

Kingsville, TX

SECTION E – INSPECTION AND ACCEPTANCE

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

(a) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

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.

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

Kingsville, TX quality problems, and as otherwise necessary. The Contractor shall sign and date each revision of the

QCP.

E-0003- 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 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 1 Egypt 4001 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

Kingsville, TX 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 Kingdom200 Brunei 300 Israel 200 (Central & South) 300 Uzbekistan 400 Cambodia 300 Japan 300 Pakistan 400 Vietnam 300 Canada 110/120 2 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

1 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).

2 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 3

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 ATTN: Quality Manager 3

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 3

CMR 422

APO AE 09067-0422

Phone: 49-631-3406-2285/2286 4

FAX: 49-631-3406-2289 4

Commercial Shipping Address:

DLA Energy Petroleum Lab ATTN: Quality Manager Bldg. 320, Rhine Ordinance Barracks

Kingsville, TX 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 4

FAX: 973-17-85-4650 4

[Location: Bahrain]

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

4 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- ENERGY QAP E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

The Quality Office assigned inspection responsibility under this contract is DLA Energy America East.

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

Kingsville, TX 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

Kingsville, TX charge.

E-0006- ENERGY QAP E29 INITIAL ON-STATION INSPECTION (AARD) (DLA

ENERGY MAR 1997)

(a) INSPECTION. The initial on-station inspection is for the sole benefit of the Government and the Government may partially or totally waive its right of inspection at its discretion.

The date, time, and place of inspection may be changed by the mutual agreement of the parties.

(b) TIMEFRAME. Unless notified otherwise, all equipment shall be available for Government inspection at the installation where services are to be performed four calendar days prior to the start of the delivery period. No work may be performed on the equipment during the inspection period except as permitted by the Government. The Government will complete inspection of the Contractor's equipment no later than the calendar day preceding the date aircraft fuel delivery services are to commence.

(c) ENTRY. The Contractor is responsible for making necessary arrangements with the Commanding Officer of such installation or an authorized representative regarding entry into the installation.

(d) TANK INTERIORS. Equipment presented for inspection shall be vapor free.

(e) FILTRATION MEDIA. If requested by the Government, the Contractor shall be responsible for disassembling filtration units to facilitate the inspection. The Contractor shall present, at the time of the inspection, written certification attesting to the last date on which each filter element was changed and shall provide a historical record denoting pressure drip data for each filter element (if such certification and pressure drip data exists).

(f) CONTRACTOR REPRESENTATIVE. Representation by the Contractor at the inspection shall be limited to one individual except when additional personnel have been specifically authorized by the Government.

(g) DEFAULT. If the Contractor fails to make the equipment available on the date specified or otherwise mutually agreed upon, or if the inspection discloses that the equipment is not in conformance with contract requirements, the Government may terminate this contract for default.

(h) REINSPECTION. If the Government discovers equipment deficiencies during the initial inspection, the Government may, at its discretion, conduct a reinspection at the Contractor’s expense.

E-0007- ENERGY QAP 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-0008- ENERGY QAP E30.01 DESIGNATION OF QUALITY REPRESENTATIVE

(AARD) (DLA ENERGY MAR 1981)

Responsibility for the inspection of the quality of performance of services and of the equipment used in the performance of the services under this contract is assigned to the Commanding Officer at the location at which these services are performed.

Kingsville, TX

E-0009- 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.

Kingsville, TX 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 re-inspection 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 re-inspection 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 re-inspection 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

F-0001 -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

Kingsville, TX 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

Kingsville, TX 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…