Amendment_3.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE600 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE FACILITY CODE

SPE60016R0706

X

2016 APR 21

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of OffersX is extended, X is not extended.

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A NAME AND TITLE OF SIGNER (Type or print)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

(a) By completing Items 8 and 15, and returning

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

28 APRIL 2016

3. EFFECTIVE DATE

See Attached Continuation Sheet(s).

(X)

CHECK ONE

PAGE OF PAGES

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CONTINUED ON NEXT PAGE

The purpose of this amendment is to:

1) Include the current date for the referenced clauses.

DLA Energy E22 List of Inspection Offices for DLA Energy Contracts (DLA Energy, JUL 2013)

FAR 52.244-6 -- Subcontracts for Commercial Items.Subcontracts for Commercial Items (Feb 2016)

FAR 52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

FAR 52.223-5 -- Pollution Prevention and Right-to-Know Information.Pollution Prevention and Right-to-Know Information (May 2011)

FAR 52.247-2 -- Permits, Authorities, or Franchises. Permits, Authorities, or Franchises (Jan 1997)

FAR 52.247-5 -- Familiarization with Conditions.(Apr 1984)

FAR 52.247-6 -- Financial Statement. (Apr 1984)

2) Incorporate a revised Performance Work Statement

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SPE60016R0706-0003

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

DOMESTIC JAA TRANSPORTATION SERVICES

IN SUPPORT OF

DEPARTMENT OF DEFENSE (DOD)

PERFORMANCE WORK STATEMENT (PWS)

1. BACKGROUND

1.1 Contract Requirement: DoD has a requirement to transport Turbine Fuel, Aviation (JAA) (U.S.

Government Furnished Product) from designated Defense Fuel Support Point(s) (DFSPs) to designated Forward Support Bases (FSBs) via tank truck into tactical bags, trucks, and/or tanks within the Continental U.S. (CONUS). When directed by DLA Energy, resultant contract(s) shall support regional/national emergency(ies). The Contractor shall provide rapid deployment and delivery of JAA 24 hours a day/7 days a week upon receipt of task orders.

1.2 Contract Performance: The Contractor shall provide all labor, tools, parts, materials, HAZMAT placards, couplers, connectors, adapters (as needed), and transportation assets necessary to provide truck transport service of JAA from origin to destination.

1.3 Place of Performance: The Contractor shall have the ability to conduct CONUS deliveries from DFSP(s) to designated FSB(s) or designated delivery locations not exceeding a 375-mile radius of designated DFSP.

RFP ATT 8 contains a listing of potential DFSP locations. Additional DFSP locations not included in RFP ATT 8 may be identified within task orders. FSBs will be identified only upon issuance of task orders.

1.4 Period of Performance: The base performance period under the contract is July 1, 2016 through June 30, 2017. The contract may be extended for four (4) one-year option periods. Exercise of the option years will be at the sole discretion of the U.S. Government.

2. PERFORMANCE REQUIREMENTS

2.1 Performance Objective - Readiness:

2.1.1 The contractor shall have sufficient personnel and equipment available for rapid deployment to support the quantity of fuel required and delivery conditions of each area and preventive maintenance programs to ensure optimum equipment readiness levels at all times.

2.1.2 The contractor shall have a quality control program to ensure fully compliant services are provided throughout the contract period. This will include inspection of truck trailers to determine suitability to load, documentation (Bill of Lading and test reports) are delivered to the destination, and that additive concentrations are annotated by truck driver as needed (e.g. FSII, SDA, CI/LI). Contractor should provide a copy of this quality control program to the Quality Assurance Representative (QAR) for their review prior to starting.

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2.1.3 The Contractor shall be responsible for performing bulk aviation fuel delivery operations during adverse conditions, 24 hours a day/7 days a week for an undetermined period of time, as outlined in the schedule.

2.1.4 Contractor will provide emergency contacts that are available 24 hours a day, 7 days a week to acknowledge receipt of task orders in accordance with Section 3.0. This information may be verified on a random basis.

2.2 Personnel Qualifications and Documentation Requirements: The Contractor shall ensure that personnel assigned to all tasks have the requisite knowledge and skills to meet minimum performance requirements as specified below, and comply with all applicable federal, Department of Defense, and local regulatory bodies, laws, and regulations.

2.2.1 Contractor personnel shall be able to read and understand English to the extent of reading and understanding printed regulations, detailed written orders and operating procedures, training instructions and materials.

2.2.2 Labor employed by the contractor must be knowledgeable of and abide by laws/rules pertaining to the transport of flammable liquids, including the associated labeling and placarding of HAZMAT.

2.2.3 The Contractor shall ensure all truck drivers have a valid driver’s license and vehicle registration.

2.2.4 To access Military installations all drivers will be required to submit to a NCIC-III background check.

Derogatory information appearing in a background check that can result in denied access to a military installation includes, but is not limited to:

2.2.4.1 The NCIC-III contains criminal information about the individual that would help determine whether the individual presents a potential threat to good order, discipline and/or health and safety on the installation.

2.2.4.2 The installation is unable to verify the individual's claimed identity based on the reasonable belief that the individual has submitted fraudulent information concerning his or her identity in the attempt to gain access.

2.2.4.3 The individual has a current warrant in NCIC, regardless of the offense or violation.

2.2.4.4 The individual is currently barred from entry or access to a Federal installation or facility.

2.2.4.5 The individual has been convicted of crimes encompassing sexual assault, armed robbery, rape, child molestation, production or possession of child pornography, trafficking in humans, drug possession with intent to sell or drug distribution.

2.2.4.6 The individual has a U.S. conviction of espionage, sabotage, treason, terrorism or murder.

2.2.4.7 The individual is a registered sex offender.

2.2.4.8 The individual has been convicted of a felony within the past 10 years, regardless of the offense or violation.

2.2.4.9 The individual has been convicted of a felony firearms or explosives violation.

2.2.4.10 The individual has engaged in acts or activities designed to overthrow the U.S. Government by force.

2.2.4.11 The individual is identified as known to be or suspected of being a terrorist or belonging to an organization with known links to terrorism or support of terrorist activity.

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2.2.5 The Contractor shall provide a copy of the company business license prior to start of contract.

2.2.6 Contractor Code of Ethics and Business Conduct. Per Federal Acquisition Regulation (FAR)

52.203-13, the Contractor will be required to submit a written copy of and maintain a code of business ethics and conduct within 30 days after award.

2.3 Security and Safety Requirements: The Contractor personnel shall comply with the following security requirements in the execution of their duties.

2.3.1 The Contractor drivers shall comply with written or verbal direction received from an authorized U.S.

Government Representative in regard to applicable U.S. Government security procedures.

2.3.2 The Contractor shall comply with all applicable laws and regulations regarding the identification and marking, placarding, transportation, use, storage, and disposal of hazardous materials.

2.3.3 Drivers are prohibited from carrying weapons while performing any time during this contract.

2.3.4 The U.S. Government will not provide security escort for trucks transporting petroleum products.

2.3.5 The Contractor shall provide all necessary services and supplies to include equipment and life support for all drivers. These services and supplies will not be provided by the U.S. Government.

2.3.6 The Contractor shall be required to replace any equipment deemed unsafe or not road-worthy by an authorized U.S. Government representative.

2.3.7 Liability for Fuel Spills: The Contractor shall take all measures required by law and best business practice to prevent fuel spills (including but not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping into or onto any land or water). In the event that the Contractor’s failure to take such measures results in a fuel spill, the Contractor shall be liable for the costs of spill containment, cleanup, and disposal. In addition, the Contractor shall reimburse the Government for any resulting fines or penalties. The term “fuel” includes all petroleum and additive products.

2.4 Custody of Petroleum Products:

2.4.1 Transport Truck Shipments: Custody of petroleum products and risk of loss thereof shall pass from the Government to the Contractor when the loaded transport truck is released for shipment by the Contractor.

2.4.2 Transport Truck Receipts: Custody of petroleum products and risk of loss thereof shall pass from the

Contractor to the Government when the product passes from the transport truck discharge hoses into the FSB receiving facilities, whether it is a storage tank, line, or any other type of receiving equipment.

2.5 Tank Truck Requirements: Equipment deployed shall meet or exceed commercial safety and environmental protection standards for the bulk delivery of aviation fuel and sufficient to meet the capacity of the task order. Equipment deployed in accordance to the task order shall be adaptable to the conditions in the area where delivery is to be made.

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2.5.1 The Contractor shall provide trucks that are fully operational and supply qualified personnel to perform maintenance actions 7 days a week, 24 hours a day. The Contractor will only be paid for operational trucks. Trucks requiring maintenance or replacement of defective truck and trailer parts shall be replaced at no extra cost to the U.S. Government.

2.5.2 The Contractor will provide the required tank truck assets to successfully perform the contractual requirements identified herein. Contractor shall have and manage sufficient trucking assets in the event dispatched truck(s) are detained for longer than expected periods of time.

2.5.3 Cleaning Requirements: The Contractor shall ensure tank trucks are cleaned in accordance with best commercial practices. Drivers may be required to provide documentation of last product carried or a cleaning certificate to a U.S. representative prior to loading. Cleaning certificates shall annotate previous cargo.

2.5.4 Performance Objective - Inspection. The Contractor shall present trucks, upon request, for U.S.

Government inspection before scheduled loading.

2.5.4.1 When required, the contractor must ensure all compartments and possible access points are sealed.

2.5.4.2 Tank trucks deemed unsuitable to load by the U.S. Government representative will be refused.

The Contractor shall be liable for all costs associated with providing a truck that is unsuitable to load. The U.S. Government will not pay detention rates for trucks that are refused. Rejected trucks will not be used until they meet cleaning requirements and inspected by the U.S.

representatives.

2.6 Delivery Requirements

2.6.1 Coordination. Key Government points of contact will be provided upon contract award.

2.6.2 Origin Loading: DLA Energy QAR or other U.S. Government appointed representative will witness/oversee the loading procedures at origin. Product is to be shipped from DFSPs to FSBs throughout the Continental United States (CONUS). DLA Energy QAR or other U.S. Government appointed representative will witness/oversee contractor and inspection the loading procedures as necessary at origin. Product is to be shipped from DFSPs to FSBs throughout CONUS.

2.6.3 Destination Discharge Location: DLA Energy or other U.S. Government appointed representatives will witness the unloading procedures at discharge at final destination FSB. DLA Energy or other U.S.

Government appointed representatives will witness contractor the unloading procedures as necessary at discharge at final destination FSB.

2.6.4 Wait Time . The U.S. Government shall be entitled to two (2) hours of “Free Time” for loading or offloading operations for each truck. If the U.S. Government causes the contractor to wait beyond the allowed Free Time, the contractor may be eligible for detention rates. Detention rates shall apply for each hour, prorated to the nearest 15 minute increments. All travel time is at the expense of the contractor.

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3. ORDERING

3.1 General. This is an Indefinite Delivery Indefinite Quantity (IDIQ) type contract in accordance with FAR 16.504.

3.2 DLA Energy or its written designee shall act as the sole U.S. Government representative to order truck transportation services under the contract.

Defense Logistics Agency Energy / -FEBC 8725 John J. Kingman Road, Suite 2954 Fort Belvoir, VA 22060-9254 Telephone: (703) 767-9651 or x8563

3.3 Orders . DLA Energy Contracting Officer will issue task orders by providing written and/or verbal notice to the Contractor’s point of contact. The Contractor’s tank trucks shall arrive at the designated DFSPs within 72 hours after receipt of the initial notice of the task order. Initial deliveries to FSBs shall occur within 96 hours of receipt of the initial notice of the task order. The task order will at a minimum, identify the delivery zone(s), contract line item number (CLIN(s)), specific load quantities per DFSP(s), specific offloading FSB(s), operating hours, and period(s) of performance. See RFP ATT 10 for Task Order Process/Flowchart.

3.4 Performance Objective – Availability for Service The Contractor shall maintain availability for receipt of task orders and other communications 24/7.

3.5 Contractor Proposed Delivery Plan. Upon notification of the initial Task Order, and prior to initial loading at DFSP(s), the Contractor shall submit a proposed delivery schedule/timeline to dla.energy.ccc@dla.mil, EnergyAmericasOps@dla.mil, and DomJAATrans@dla.mil, identifying its best estimate of the quantities to be delivered on a daily basis to meet the 8-day surge requirement and/or the resupply/sustainment requirement.

3.6 The Contractor shall notify the Contracting Officer and/or Contracting Officer’s Representative and/or requestor immediately if delivery times cannot be met.

3.7 Schedule . If a contractor fails to make a delivery within the time specified, the Contracting Officer has the right to terminate the task order, in part or in its entirety, and re-issue a new order to an alternate contractor, with the U.S. Government being reimbursed for any resulting, excess re-procurement costs.

4. QUALITY ASSURANCE

4.1 Quality. The Contractor shall be responsible for the quality of product after loading. U.S. Government representatives may conduct inspections on transport trucks at origin and/or at destination to ensure fuel quality standards are met. The Contractor bears the responsibility of fuel that is contaminated or delivered off-specification while in the Contractor’s possession.

4.1.1. US Government Quality Assurance.

Final determination that the services rendered are conforming is solely the responsibility of the US Government. The US Government Service Delivery Summary (SDS) is not a substitute for contractor

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SPE60016R0706-0003

mailto:dla.energy.ccc@dla.mil mailto:EnergyAmericasOps@dla.mil mailto:DomJAATrans@dla.mil quality control. The US Government will monitor the contractor’s performance in accordance with the

SDS.

4.1.2. Performance Measurement.

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

4.2 Service Delivery Summary (SDS)

The SDS represents important contract objectives that, when met, will ensure contract performance is satisfactory. Although not all PWS requirements are listed in the SDS, the contractor is fully expected to comply with all requirements in the PWS. The SDS serves as a point of reference for the contractor and Government to measure the services provided. The CO will issue a Contractor Discrepancy Report when the contractor’s performance is unsatisfactory. The contractor shall reply in writing within 24 hours, giving reasons for unsatisfactory performance and identifying the corrective action(s) to be taken to prevent recurrence.

Performance

Objective

PWS

Paragraph Performance Thresholds

Methods of Surveillance

Inspection 2.5.4

100% of equipment presented for inspection is clean, dry, free of temporary patches and contaminants

100% inspection

Availability for Service 3.4

100% acceptance and fulfillment of delivery orders

Validated User/ Customer Complaints

Readiness 2.1 100% Compliance Validated User/ Customer

Complaints

5. QUANTITY REQUIREMENTS

5.1 General. The Contractor shall be responsible for the quantity of product after loading. U.S. Government representatives may conduct inspections on transport trucks at origin and/or at destination to ensure fuel quality and quantity standards are met. The Contactor shall provide delivery receipts, DD Form 1348-7 DFSP SHIPMENT AND RECEIPT DOCUMENT (RFP ATT 6), for all products delivered. Receipts shall be signed by the authorized U.S. Government representative.

5.2 Load Quantities. The contractor has the responsibility to deliver to designated Government destinations all product loaded into contractor trucks as documented by the DD 1348-7.

5.3 Quantity Determination. Load and discharge quantity shall be determined on the basis of the following:

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5.3.1 Calibrated receipt meter. All meters used in determining product volume shall be calibrated using American Petroleum Institute Manual of Petroleum Measurements Standards (APMA MPMS), Chapter 4, Proving Systems or equivalent national standards. The frequency of calibration shall be accomplished on an annual basis in accordance with Unified Facilities Criteria 3-460-03.

5.3.2 Measurement Standards and Calculations . All measurements and calculations made to determine quantity shall be in accordance with the most recent edition of the API MPMS or equivalent national standards. When required, volume correction shall be in accordance with API MPMS, Chapter 11.1, Volume Correction Factors, Volume (II) (Table 6B), Volume V (Table 24B) or Volume VII (Table 54B). The Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

5.3.3 Variations in Quantity. Variations in quantity must be within the acceptable limits of 0.5% of volumes as set forth by DOD 4140.25M. If the loss tolerance exceeds 0.5%, DLA Energy is entitled to the entire amount of the lost product, regardless of the cause of the loss. The Government reserves the right to offset any losses incurred during shipment against each invoice; however, the 0.5% loss tolerance applies only to normal operating losses. In the event there is evidence of theft or tampering, DLA Energy reserves the right to claim losses, even if they are less than 0.5%. The offset will be determined by the average of daily gains/losses per CLIN over the invoice period.

5.3.4 The Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

6. DELIVERABLES

6.1 Reporting Requirements. The Contractor shall provide reports with the frequency and contents indicated below. The reports should be delivered by electronic mail, using Excel, to dla.energy.ccc@dla.mil and EnergyAmericasOps@dla.mil.

6.2 Shipment and Delivery Documents: Upon completion of fuel loading at the DFSP, the Contractor shall receive and maintain a signed copy of the DD Form 1348-7. The Contractor shall provide the signed DD Form 1348-7 to the Government representative at the FSB destination. Upon completion of off-loading, the Government representative will date and sign the DD Form 1348-7, and shall provide the Contractor with a legible copy.

6.3. Daily Fuel Delivery Log: The Contractor shall provide a log compiling data for all fuel deliveries on a daily basis to dla.energy.ccc@dla.mil and EnergyAmericasOps@dla.mil. See RFP ATT 7 for daily log format to be used.

7. eCMRA (Contractor Manpower Reporting Application)

7.1 The Contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Defense Logistics Agenyc via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

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mailto:dla.energy.ccc@dla.mil mailto:EnergyAmericasOps@dla.mil mailto:dla.energy.ccc@dla.mil mailto:EnergyAmericasOps@dla.mil http://www.ecmra.mil/

7.2 Reporting input will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at: http://www.ecmra.mil/.

8. DELIVERY ZONE MAP

8. 1 See RFP ATT 9 for established delivery zones.

9. FSB LOCATIONS / REQUIREMENTS

9.1 Locations . Contractor will be notified of FSB delivery locations and quantities upon issuance of task orders.

9.2 Storage . FSBs will have adequate storage to receive product.

9.3 Personnel. FSBs will have personnel on hand to off-load fuel trucks and record/sign for fuel.

10. NO-NOTICE TESTING DRILLS

10.1Contractor testing drill(s) will be executed at least annually in order to ensure Contractor capability to comply with PWS requirements. Drills will be executed for a shorter duration and for lesser quantities than specified in the schedule. For purposes of drills, delivery will be made from DFSPs to DFSPs, in lieu of DFSPs to FSBs. Mileage requirements for drills will not exceed the activated requirements.

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http://www.ecmra.mil/

SECTION C - SPECIFICATIONS/SOW/SOO/ORD