SF1449_SPE600-17-R-0702.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0065919694

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE600-17-R-0702

5. SOLICITATION NUMBER

2016 OCT 24

6. SOLICITATION ISSUE

DATE

Kathryn Moore PVEFEAH

a. NAME

Phone: 703-767-8563

b. TELEPHONE NUMBER (No Collect calls)

2016 NOV 15

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE600

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

484230NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

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

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY 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

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

01:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

Net 30

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE 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

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

ADDENDUM TO SF1449

1. Offerors must complete and submit Attachment 6 – Schedule.

2. Offers must include the entire quantity for each line item. Offers for less than the entire quantity will not be considered for award.

3. Contracts awarded are Fixed Price. Awarded prices will remain fixed throughout the term of the contract.

4. The Minimum Order per Truck will be 8,000 USG. Any load ordered for less than 8,000 USG will be paid on the basis of a 8,000 USG DELIVERY (subject to contract’s Out of Tolerance Loss Deduction terms).

5. The Government will not pay detention charges for trucks having to wait to load or discharge. Excessive delays experienced with loading or downloading should be reported to DLA Energy Middle East Office representative immediately.

6. The contractor should be aware that in accordance with FAR 52.229-6, Taxes -- Foreign Fixed-Price Contracts a 2% excise tax will be applied to any contract awarded from this solicitation that meets the criteria established in 26 U.S.C. 5000C.

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

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:

TURBINE FUEL, AVIATION (JA1)

CLIN ORIGIN DESTINATION ANNUAL

QUANTITY (USG)

THREE (3) YR

REQUIREMENT

(USG)

0001 Kuwait Aviation Fuel Company (KAFCO), Kuwait Camp Buehring, Kuwait 14,000,000 42,000,000

0002 KAFCO, Kuwait Ali Al Salem (AAS), Kuwait 40,000,000 120,000,000 0003 KAFCO, Kuwait Al Jaber, Kuwait 3,000,000 9,000,000

JA1 Total 57,000,000 171,000,000

TURBINE FUEL, AVIATION (JP8)

CLIN ORIGIN DESTINATION ANNUAL

QUANTITY (USG)

THREE (3) YR

REQUIREMENT

(USG)

0004 Camp Buehring, Kuwait AAS, Kuwait 2,000,000 6,000,000 0005 Camp Buehring, Kuwait Al Jaber, Kuwait 2,000,000 6,000,000 0006 Camp Buehring, Kuwait All other Kuwait locations 1,000,000 3,000,000

JP8 Total 5,000,000 15,000,000

DIESEL FUEL (DF2/ADO)

CLIN ORIGIN DESTINATION ANNUAL

QUANTITY (USG)

THREE (3) YR

REQUIREMENT

(USG)

0013 KNPC Shuaiba, Kuwait Camp Buehring, Kuwait 22,000,000 66,000,000 0014 KNPC Shuaiba, Kuwait AAS, Kuwait 3,000,000 9,000,000 0015 KNPC Shuaiba, Kuwait All other Kuwait locations 150,000 450,000 0016 KNPC Subhan/Ahmadi, Kuwait Camp Buehring, Kuwait 300,000 900,000 0017 KNPC Subhan/Ahmadi, Kuwait AAS, Kuwait 300,000 900,000 0018 KNPC Subhan/Ahmadi, Kuwait Al Jaber 2,500,000 7,500,000 0019 KNPC Subhan/Ahmadi, Kuwait All other Kuwait locations 100,000 300,000 0007 Camp Buehring, Kuwait AAS, Kuwait 250,000 750,000 0008 Camp Buehring, Kuwait Al Jaber, Kuwait 75,000 225,000 0009 Camp Buehring, Kuwait All other Kuwait locations 150,000 450,000

DF2/ADO Total 28,825,000

86,475,000

MOGAS

CLIN ORIGIN DESTINATION ANNUAL

QUANTITY (USG)

THREE (3) YR

REQUIREMENT

(USG)

0020 KNPC Subhan/Ahmadi, Kuwait Camp Buehring, Kuwait 1,900,000 5,700,000 0021 KNPC Subhan/Ahmadi, Kuwait AAS, Kuwait 1,000,000 3,000,000 0022 KNPC Subhan/Ahmadi, Kuwait Al Jaber, Kuwait 365,000 1,095,000 0023 KNPC Subhan/Ahmadi, Kuwait All other Kuwait locations 100,000 300,000 0010 Camp Buehring, Kuwait AAS, Kuwait 125,000 375,000 0011 Camp Buehring, Kuwait Al Jaber, Kuwait 75,000 225,000 0012 Camp Buehring, Kuwait All other Kuwait locations 100,000 300,000

MOGAS Total 3,665,000 10,995,000

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

KUWAIT TRUCK TRANSPORTATION SERVICES

PERFORMANCE WORK STATEMENT (PWS)

1.0 GENERAL PROVISIONS.

1.1 Contract Requirement. The United States (US) Government has a requirement for tank truck transportation of Defense Logistics Agency (DLA) Energy-owned fuel products, specifically Turbine Fuel, Aviation, Diesel Fuel, and Motor Gasoline within the country of Kuwait. The contractor will provide fuel delivery services as described below and shall be responsible for and furnish, as required, all personnel, equipment, material and/or facilities necessary for providing these services. No Government equipment or facilities will be provided to the contractor, who shall be completely responsible, at its expense, for the operation and maintenance of assets utilized to meet the contractual performance requirements identified herein.

1.2 Mission Statement. The contractor shall receive, transport and discharge DLA Energy-owned fuel products into designated permanent and temporary U.S. storage tanks, tank bags or trucks positioned at the destinations reflected below, while maintaining product quality and accountability in accordance with applicable DLA Energy guidance. (See following page).

1.3 Contract Performance. The contractor shall perform specific tasks listed in Sections 2.0 through 7.0.

The contractor shall submit all deliverables listed in Section 5.0.

1.4 Period of Performance. The ordering period is Date of Award through February 29, 2020; the delivery period is March 1, 2017 through February 29, 2020.

1.5 Kuwait Government Documentation Requirements. The following documentation will be provided to DLA Energy and maintained by the contractor for the duration of the contract performance period.

1.5.1 Licenses and Permits. The contractor will maintain, throughout contract performance, all authorizations (i.e. licenses, insurance and permits) to operate and do business within Kuwait.

The contractor shall remain in full compliance with all laws, decrees, labor standards and regulations of the Kuwait Government. Except as may be specified herein, the contractor is responsible for obtaining copies of all applicable laws, decrees, labor standards and regulations of Kuwait to include future changes.

1.5.2 Access and Inspection Permits at KPC facilities. The contractor is responsible for obtaining all access badge and pass documentation, insurance and inspection permits to operate and do business within Kuwait Petroleum Corporation (KPC) facilities at Kuwait Aviation Fuel Company (KAFCO) and Kuwait National Petroleum Corporation (KNPC) facilities. Current insurance requirements are included in Attachment 3. The timeframe for obtaining access and passes is 2-4 weeks.

1.6 Additional Considerations. Under the Status of Forces Agreement (SOFA), the United States is a tax exempt entity. If any tolls, taxes, fines, etc. are imposed by Kuwait Government, the contractor shall report such to the DLA Energy Middle East (ME) Southwest (SW) Office.

2.0 PERFORMANCE REQUIREMENTS

2.1 Hours of Operation. The contractor shall provide services 24 hours per day and seven days a week including weekends and holidays. The contractor shall provide the names, contact information, and schedules for designated program and shift managers who will be available at all times. Operating hours for loading facilities are as follows:

KNPC Shuaiba Operating Hours: 0700 – 1400 (reduced during local holidays)

KNPC Subhan Operating Hours: 24 hours / 7 days a week

KNPC Ahmadi Operating Hours: 24 hours / 7 days a week

KAFCO Operating Hours: 24 hours / 7 days a week

Camp Buehring Operating Hours: 24 hours / 7 days a week

Ali Al Salem Operating Hours: Daylight hours only

2.2 Performance Objective: Personnel Qualifications. 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 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 The contractor shall provide one responsible driver per truck who is certified by the local jurisdiction to transport hazardous/flammable goods.

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

2.2.4 The contractor is responsible for the arrangement of all necessary U.S. and Kuwait Government identification badges and passes, visas, fees, and passports for identified drivers. The contractor shall maintain these driver documents and provide them to the U.S. Government as requested.

2.3 Security Requirements. Contractor personnel shall comply with the following security requirements in the execution of their assigned duties.

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

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

2.3.2 The U.S. Government will not provide security escort for trucks transporting fuel product in Kuwait.

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

2.3.4 The contractor shall identify the staffing and procedures necessary to maintain security protection.

2.3.5 Contractor personnel are expected to report to DLA Energy-ME Office personnel any suspicious activities, packages, or items they observe to include personnel conducting surveillance of the installation or unauthorized personnel requesting access to the installation.

2.3.6 Contractor and any subcontractor must maintain registration in Joint Contingency Contracting System (JCCS) at https://www.jccs.gov/jccscoe/.

2.4 Safety Requirements. The contractor will adhere to all Kuwaiti loading/offloading facilities’ safety policies and regulations.

2.5 Performance Objective: Transportation Requirements. The contractor will ensure the following transportation requirements are met in the performance of this contract:

2.5.1 For trucks not loading at Kuwait Aviation Fueling Company (KAFCO) and Kuwait National Petroleum Corporation (KNPC) facilities, all vehicles shall be in good mechanical working order and no older than seven (7) years. For trucks loading at KAFCO and KNPC facilities, the contractor’s trucks must meet all KAFCO and KNPC Technical Specifications respectively for Truck Fuel Road Tankers/Semi Trailer (See Attachments 1 and 2) including KAFCO and KNPC equipment age requirements. For KAFCO and KNPC loads, the trucking services contractor representative (not the drivers) will provide and affix the seals immediately after loading. The seal numbers shall be annotated on all shipping documents. The contractor shall purchase Alulock 2.0mm or equivalent serial numbered seals and effectively seal all tank truck access points. The Alulock cable seal has a self-locking design and is available in variable lengths. If equivalent seal https://www.jccs.gov/jccscoe/ is proposed, contractor must obtain Quality Assurance Representative (QAR) and Contracting Officer approval prior to usage.

2.5.2 Contractor personnel will not make unauthorized stops during transit of fuel product. Vehicle breakdowns and routine meal accommodations are an exception.

2.5.3 The contractor will be responsible for the recovery of any disabled trucks.

2.5.3.1 Transfers of product from contractor truck-to-contractor truck must be approved in advance by DLA Energy-ME Office Quality Assurance personnel and documented.

Copies will be forwarded to authorized U.S. Government personnel for validation and must include truck numbers, date, quantity in liters and gallons, type of product, old delivery note number, new delivery note number and a statement as to why the product is being transferred.

2.5.4 Contractor personnel will be responsible for specific tasks outlined below.

2.5.4.1 The contractor will maintain accountability of equipment, personnel, product to be transported, applicable forms and reports.

2.5.4.2 Pre-check vehicle for proper documentation that includes: passport(s), loading and unloading documents and operator’s license.

2.5.4.3 Ensure equipment serviceability, which includes the required amount of tank truck fuel to be used on the journey.

2.5.4.4 Safeguard transportation documentation to include upload and download documents.

2.5.4.5 Consolidate completed documents to be provided to the authorized DLA Energy representative.

2.5.4.6 Check in at all appropriate U.S. Military areas as directed by the U.S. Government when arriving and departing installations.

2.6 Tank Truck Requirements. The contractor will provide the required tank truck assets to successfully perform the contractual requirements identified herein. The trucks will be initially inspected and approved by DLA Energy-ME Office Quality Assurance personnel, sub-region Logistics Management Specialist (LMS), or Contracting Officer Representative (COR) before an asset goes on hire for use under the contract. If inspected assets are used for any mission outside of DLA’s contract, then the asset must be re-inspected prior to further DLA contract use.

2.6.1 All internal tank surfaces and piping must be clean, dry, and free of dirt, grease, oil, or any other foreign material and meet the following criteria:

2.6.1.1 If the product to be loaded is aviation turbine fuel and truck/trailer is to remain in multi-product service it must be epoxy-coated mild steel/aluminum. Trucks remaining in multi-product service will require proper cleaning in accordance with the cleaning table under paragraph 3.3 prior to changing and hauling new product.

2.6.1.2 If the product to be loaded is aviation turbine fuel, diesel or gasoline and truck/trailer is to remain in dedicated product service (i.e., cannot switch from one product to the other) it may be un-coated mild steel, stainless steel or aluminum.

2.6.2 The contractor will be required to replace any equipment deemed unsafe or not road worthy by an authorized U.S. Government representative.

2.6.3 The contractor shall provide trucks that are fully operational, to include supply point specific requirements, and supply qualified personnel to perform maintenance actions seven days a week, 24 hours a day. Trucks requiring maintenance or replacement of defective truck and trailer parts shall be replaced at no extra cost to the U.S. Government.

2.6.4 The contractor shall ensure that trucks are properly labeled for each specific load that is delivered (i.e. magnetic decals).

2.7 Performance Objective: Deliveries. Unless otherwise specified in the Schedule, all deliveries shall be made within the specified period of time after receiving an order. If a contractor fails to make a delivery within the time specified in the delivery order, the Contracting Officer has the right to terminate the delivery order, in part or in its entirety, and re-issue a new order to a different contractor with the US Government being reimbursed for any resulting, excess re-procurement costs.

2.7.1 Delivery Schedule. It is anticipated a certain number of trucks will be loaded daily at each fuel source and after loading sent straight to the receiving activity. A sufficient number of trucks must be available to meet the daily load requirement, including replacement truck(s) if needed.

3.0 QUALITY ASSURANCE

3.1 General. 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. The contractor will not take any samples or break any seals without a DLA Energy-ME SW or US Government representative being present or without their prior approval.

3.2 U.S. Government Quality Assurance. Final determination that the services rendered are conforming to requirements is solely the responsibility of the U.S. Government. The U.S. Government Service Delivery Summary (SDS) is not a substitute for contractor quality control. The U.S. Government will monitor the contractor’s performance in accordance with the SDS.

3.3 Performance Measurement. The Contracting Officer (CO) and the Contracting Officer’s Representative (COR) will monitor contractor performance and compliance with the terms and 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.

3.4 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.

SERVICE DELIVERY SUMMARY

PERFORMANCE

OBJECTIVE

PWS

PARA.

PERFORMANCE THRESHOLDS METHODS OF

SURVEILLANCE

Transportation Requirements

2.5 95% of equipment presented for inspection is acceptable.

100% inspection

Personnel Qualifications

2.2 95% of personnel are knowledgeable, have requisite skills, and are available as required.

Document review/ Validated User/ Customer Complaints

Deliveries 2.7 95% acceptance and fulfillment of delivery orders. Document review/ Validated User/ Customer Complaints

3.5 Quality Check Criteria. Quality checks may include, but are not limited to, verification of the following:

3.5.1 Previously carried product; contractor may be requested to provide documentation regarding the product previously carried in the truck to be loaded.

3.5.2 Cargo compartment preparation; contractor may be requested to provide documentation regarding cleaning performed, i.e., steam cleaning.

3.5.3 Vehicle integrity standards; contractor will meet the requirements outlined in paragraph 2.6.

3.6 Truck-to-Truck Transfers. The following actions will be taken after contractor truck-to-truck transfers of product due to an accident, or due to an operational or safety requirement not performed with U.S.

Government representative oversight, if directed by DLA Energy ME Quality Assurance personnel. DLA Energy ME will be notified of the intended laboratory to be used and approved by DLA Energy ME Quality personnel prior to use of the laboratory.

3.6.1 The contractor shall take an all-level sample from each compartment of the receipt truck. The contractor will take a sample through the truck manifold after flushing at least 5 gallons of product if needed.

3.6.2 Immediately after sampling, the receipt truck shall be resealed and the numbers annotated on the new manifest.

3.6.3 The sample(s) shall be sent to a laboratory acceptable to the U.S. Government and be identified with the receipt truck number, date sample taken, product grade, a complete listing of the applied to the receipt truck and the name of the sampler. In the reason for submission block of the request state “Revalidation of Product Quality after truck-to-truck transfer.”

3.6.4 A composite sample of the truck shall be made in the laboratory if the truck had multiple compartments. The testing requirements are as follows:

3.6.4.1 Aviation Fuels – Appearance, visual color, freezing point, FSII, conductivity, density, flash point, distillation, copper strip corrosion, existent gum, particulate content & filtration time, and thermal stability.

3.6.4.2 Diesel Fuel – Appearance, density, flash point, distillation, cloud point and pour point.

3.6.4.3 Gasoline – Appearance, color, visual water and color, distillation, vapor pressure, copper strip corrosion, unwashed gum/solvent-washed gum, and density.

3.6.4.4 Results shall be shared/provided to the DLA Energy ME Quality Manager to be validated against the origin load quality certificate. Product will be considered as acceptable, as determined by the ME Quality Manager, provided it falls within the reproducibility limits from the origin certificate. Should any test parameter not fall within reproducibility of the origin certificate or determined unacceptable for other reasons by the ME Quality Manager, the DLA Energy ME Quality Manager will make a determination and/or provide notify the DLA Energy ME Quality Manager who will provide instructions on product acceptability or disposition.

3.7 Tank Truck Cleaning Requirements. The contractor shall ensure tank trucks dedicated to hauling aviation and diesel fuel are clean and suitable to receive product. Any truck not meeting these cleaning requirements will be rejected and turned away. Rejected trucks will not be used until they meet cleaning requirements and inspected by the U.S. Government quality representative. Cleaning requirements are outlined in the following table:

PRODUCT TO BE LOADED

LAST

PRODUCT

CARRIED

Mogas

JP-8

Jet A/A1

F34

F24

JP5

Diesel Fuel

(DS1, DF1,

DS2, DF2)

ULS: DS-1,

F76 ULS

Gasohol, Mogas, E85, Avgas, JP-4, Jet B

Drain/ Empty Steam/Dry Steam/Dry

Steam/Dry

Jet A/A1, JP8, F24, F34, JP5, TS1, KS1/R/N

Drain/ Empty

Empty Steam/Dry

Diesel Fuel

(DS1, DF1, DS2,

DF2, gasoil and

F76)

Steam/Dry Steam/Dry Drain/Empty

Heavy Fuel Oils, Distillate Fuels, ASTM D975 No. 4, D396 (FS4, FS5, FS6), Residual Fuel Oils, IFOs

No Load No Load No Load

Lubricating Oils No Load No Load Steam/Dry

FSII Drain/ Empty

Empty Drain/Empty

3.7.1 When required, “drain empty” includes the pump(s), filter(s), meter(s), and hose(s) as applicable.

3.7.2 If a product is not listed in the “Last Product Carried” column, permission to load and conveyance preparations require a waiver from the DLA Energy Contracting Officer (CO). DLA Energy-ME Quality Assurance personnel will also be notified at the same time of any waiver requests made.

3.7.3 If previous cargo contained dye marker and product to be loaded does not contain dye, all traces of color must be removed.

3.7.4 In order to convert transport trucks from Mogas to Diesel or Jet Fuel, the contractor must clean tanks as per the procedures in table above and the U.S. Government Representative must certify the conveyance is suitable to load the intended grade of product.

3.8 Truck Inspections. The contractor shall present trucks, upon request, for U.S. Government acceptance before scheduled loading and ensure all compartments and possible access points are sealed prior to departure from the loading terminal and remain sealed until removed by U.S. Government representative.

3.8.1 Seal rings and attachment points must be welded or permanently installed to preclude the possibility of disengaging the seal from the sealing points without breaking the seal. Seal serial numbers shall be indicated on all shipping documents.

4.0 QUANTITY REQUIREMENTS

4.1 General. The contractor shall be responsible for the quality and 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 contractor shall provide delivery receipts, DD250 Bill of Ladings, Form DD 1348-7 DOD MILSPETS DFSP SHIPMENT AND RECEIPT DOCUMENT, for all products delivered. Receipts shall be signed by the authorized U.S. Government Representative. The contractor shall provide Form DD 250 MATERIAL INSPECTION AND RECEIVING REPORT, for products picked up from KPC, KAFCO and/or KNPC locations.

4.2 Load Quantities. Tank trucks will be loaded in accordance with local custom based on gross volume. This quantity will be annotated on the DD250 Bill of Lading and DD1348-7 for information purposes only and shall be volume corrected to 15 ºC in accordance with contract provision F1.09-8 DETERMINATION OF

INVOICE QUANTITY (PC&S) (MIDDLE EAST) (DLA ENERGY SEP 2005).

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

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

4.3.2 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 or international standards. When required, volume correction shall be in accordance with API MPMS, Chapter 11.1, Volume Correction Factors, Volumes II (Table 6B), Volume V (Table 24 B) or Volume VII (Table 54B). The contractor has the right to have a representative present to witness the delivery and measurement of quantity.

4.3.3 All invoice quantities shall be converted to U.S. gallons. To convert liters to gallons, multiply the quantity in liters by 0.264172 gallons per liter (3.78541 liters per gallon). Refer to contract provision M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) to convert metric tons to

U.S. gallons. The temperature and density will be conducted by using a calibrated thermometer and hydrometer for the specification of the fuel. API MPMS Chapter 12, Calculation of Petroleum Quantities. All calculations of net quantities shall be made in accordance with this chapter.

4.3.4 The contractor has the responsibility to deliver to designated Government destinations all product loaded into contractor trucks as documented by the DD Form 1348-7 or DD 250. Risk of loss or damage to the supplies provided shall remain with the contractor until delivery has been made to the Government at the destination specified in the contract.

4.3.4.1 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. The invoice period is defined as bi-weekly for this contract.

4.3.5 For FOB Destination deliveries, the contractor has the right to have a representative present to witness the delivery and measurement of quantity.

5.0 DELIVERABLES

5.1 Contractor Plans. The description of the plans below is guidance and not all inclusive. Plans will comply with applicable guidance and regulatory requirements. Other accredited documentation, as agreed to by the Government, to assess fuel operations and support capabilities (e.g., international certifications, certificates or licenses to operate) is authorized. Prior to operational start date/receipt of DLA Energy-owned product, or as otherwise specified, the contractor shall provide to the CO the following plans or other accredited documents for review and acceptance:

5.1.1 Contract Compliance Plan (CCP). The contractor is responsible for ensuring compliance with all contract performance requirements. As such, the contractor shall develop an inspection system acceptable to the Government for monitoring overall contract performance. The inspection system is to include a written CCP developed and used by the contractor to measure performance on a continuous basis. The CCP shall include performance requirements for all of the services and tasks listed in this PWS and the contractor’s own performance based plans. General performance criteria shall include the contractor’s ability to provide continuous support capabilities as specified in this PWS, record keeping and reporting procedures pertaining to administrative requirements.

The CCP shall include time specific checklists for evaluation of all operational and preventive maintenance requirements. The CCP shall address procedures for corrective actions including the resolution of Corrective Action Reports (CAR) and Quality Deficiency Reports (QDR) generated by the Government. The contractor shall submit a draft outline of the CCP during proposals, and submit the final draft CCP to the CO for review and approval within 15 days after contract award.

Any disagreement by the contractor with the CO's assessment of the CCP will be resolved at least one level higher than the CO. The CCP shall be made available for Government review, upon request, at any time during the contract performance period. The CCP may be used by the Government for monitoring and assessing contract performance.

5.1.2 Product Quality Control Plan (QCP). The QCP shall describe how the contractor intends to perform the required services in order to ensure that all products meet specification requirements during the performance of the contract. The plan shall include procedures for the following operations, as they affect quality control: Receiving, Sampling, Testing, Calibration, Storage and

Handling, Quantity Determination, Records and Reports and Corrective Action. Subsequent to contract award, revisions to the QCP shall be submitted to the assigned DLA Energy-ME Office Quality Assurance Representative (QAR) within 15 days after the revision is deemed necessary.

The contractor shall submit the finalized QCP to the DLA Energy-ME Office QAR for review and approval within 15 days after contract award.

5.2 Situation Report (SITREP). The contractor shall prepare and submit by email, to the DLA Energy-ME and Contracting Officer, and others as may be designated, the following documentation prepared by 9:00 PM Kuwait local time, each day, to include weekends. The report will identify truck number, document number, quantity loaded to each location, load date, load point, destination, date of delivery, quantity delivered to each location and number of vehicles needed to complete mission.

5.3 Truck Report. A detailed truck report will be required upon contract commencement and as assets are removed or added. The report will contain vehicle identification number, plate number and description to include make, model and year, owned or leased status and owners name.

5.4 Event Report. An Event Report allows the contractor and DLA Energy to track the identification, investigation, and resolution of any issues affecting contract performance. A detailed event report will be submitted by the contractor upon request from the CO and will include as applicable date, location, truck number, load point, convoy information, event description and current status.

5.5 Fuel Loss Report. The contractor is responsible for the safeguarding of fuel product and reporting any loss of product to a U.S. Government authorized representative upon the submission of a delivery ticket.

Fuel losses exceeding tolerance limits identified in paragraph 4.3.4.1 will be followed up with a written fuel loss report within 24 hours. Upon submission of invoice(s) listing gallon amounts and dollar values of lost fuel product per truck, DLA Energy will immediately deduct the fuel loss dollar value equating to the standard price per gallon from the total amount due to the contractor. The report will contain the date, truck number, quantity lost, document number, fuel type, and a detailed explanation of how the fuel loss occurred, to include possible causes.

5.6 Accident Report. The contractor is responsible for providing accident information to the CO after any accident involving personnel injuries. The report will contain the date, location, number of personnel injured, type of injuries, accident description and current status.

5.7 Driver Report. A driver report is due upon contract commencement to the CO and when employee changes are made by the contractor. The drivers report will contain current drivers, new drivers required, and expected arrival dates.

5.8 eCMRA (Contractor Manpower Reporting Application)

5.8.1 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 Agency 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/.

5.8.2 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/.

http://www.ecmra.mil/ http://www.ecmra.mil/

6.0 ORDERING PROCEDURES

6.1. General. This is a requirements contract in accordance with FAR 16.503 (b)(1). There is no guarantee that the Government will order quantities stipulated in a contract award.

6.2 Delivery Orders. Daily delivery orders will be placed by the DLA Energy-ME Region’s Ordering Officer (or Sub Area Petroleum Officer (SAPO)) no later than 48 hours prior to delivery date specified in the order. The delivery order will contain quantities of fuel to be loaded, the date trucks are required to be at the loading site, and the loading/delivery point and delivery date, and operating hours of the load and receipt sites if not specified in the schedule. The maximum daily quantities that may be ordered are as follows: 320,000 USG of JA1/JP8; 99,000 USG of DF2/ADO; and 24,000 USG of Mogas.

6.3 Failed Delivery Order Response. If a contractor fails to provide required trucks, drivers and service, as specified in the delivery order, the Contracting Officer has the right to terminate the delivery order, in part or in its entirety, and re-issue a new order to a different contractor with the US Government being reimbursed for any resulting, excess re-procurement costs.

7.0 INVOICING

7.1 General. The contractor will process all invoices in accordance with the procedures set forth in this section of the PWS.

7.1.1 The contractor will submit invoices in accordance with DFARS 252.232-7003 ELECTRONIC

SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) and

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

in iRAPT. Each invoice will contain following information: Company Information, Contract Number, Unique Invoice Number, Order Number(s), Contract Line Item (CLIN) for each charge, Truck Number, Date of Load, Quantity Loaded, Date Discharged, Quantity Discharged, Price per gallon fee, Total due to contractor.

NOTE: Payment is based on total US Gallons delivered to destination after compensation for losses are taken into account.

7.1.2 Each invoice will at a minimum contain copies of all loaded DD Form 1348-7s and Discharged DD Form 1348-7s.

7.1.3 DLA Energy will verify all documentation against the received 1348-7s, daily SITREP; and DLA

Energy inventory and accounting systems. Once all information is verified, the DLA Energy ME Office will certify invoices for payment via iRAPT.

7.1.4 The payment office is:

Defense Finance and Accounting Service – Columbus Center Attn: DFAS—JAQEAD P.O. Box 369031 Columbus, OH 43236

8.0 COMPLIANCE REQUIREMENTS

8.1 Applicable Directives The contractor shall comply with applicable statutory and regulatory requirements and validated best commercial practices. This requirement applies to all performance criteria and deliverables set forth in this document. The following list of directives and other guidance are applicable to the performance of this contract; however, is not all-inclusive and only intended to call the contractor’s attention to certain potentially applicable requirements. This list may change and the contractor remains responsible for knowing and complying with all specified and applicable local laws, regulations, guidelines and publications throughout the term of this contract. In the event of conflicting guidance, contact the CO for clarification.

Federal Acquisition Regulation

Defense Federal Acquisition Regulation Supplement

DLA Energy Policies and Procedures

DoD 4140.25-M, DoD Management of Bulk Petroleum Products, Natural Gas, and Coal

DoD 4140.25-M, DESC Interim Guidance

DoD 4140.25, DoD Management Policy for Energy Commodities and Related Services

DoD 4170.11, Installation Energy Management Fuels, Lubricants, and Related Products

DoD 5202.1, DoD Executive Agent

DoD 5101.8, Department of Defense (DoD) Executive Agent (EA) for Bulk Petroleum

MIL-STD- 3004A, DoD Standard Practice Quality Surveillance for Fuels, Lubricants and Related Products

API MPMS Chapter 4, Proving Systems

API MPMS Chapter 11.1, Volume Correction Factors

SECTION E- INSPECTION AND ACCEPTANCE

FAR 52.246-4 -- Inspection of Services -- Fixed-Price. (Aug. 1996)

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS

(DLA ENERGY APR 2016)

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

Arizona 120 Maryland 110 Oregon

Arkansas 110 Massachusetts 110 Pennsylvania

California 120 Michigan 110 Rhode Island

Colorado 120 Minnesota 110 South Carolina

Connecticut 110 Mississippi 110 South Dakota

Delaware 110 Missouri 110 Tennessee

District of Columbia 110 Montana 120 Texas 110 1

Florida 110 Nebraska 110 Utah

Georgia 110 Nevada 120 Vermont

Idaho 120 New Hampshire 110 Virginia

Illinois 110 New Jersey 110 Washington

Indiana 110 New Mexico 120 West Virginia

Iowa 110 New York 110 Wisconsin

Kansas 110 North Carolina 110 Wyoming 120 2

Kentucky 110 North Dakota 110

Louisiana 110 Ohio 110

EXCEPTIONS:

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

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

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

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

Afghanistan 400 Cyprus 200 Malaysia 300 Singapore

Africa 200 3 Egypt 4003 Maldives 300 South America 110

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

Antarctica 300 Georgia 200 Mauritius 200 Sri Lanka 300

Armenia 200 Greenland 200 Mexico 110 Syria

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

Azores 200 India 300 Nepal 300 Turkey

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

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

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

Canary Island 200 Kazakhstan 400 Philippines 300 Yemen

Caribbean Islands 110 Kuwait 400 Qatar 400

Central America 110 Kyrgyzstan 400 Russia 200

Chagos Archipelago 300 Laos 300 Ryukus Islands, Japan

China 300 Lebanon 400 Saudi Arabia 400

Comoros 200 Madagascar 200 Seychelles Is. 200

EXCEPTIONS:

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

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

(c) INSPECTION OFFICES AND CODES.

110. DLA Energy Americas East

ATTN: Quality Manager 5

Federal Building, Suite 1005

2320 LaBranch Street

Houston, TX 77004-1091

Phone: (713) 750-9514/9561

FAX: (713) 750-0041

120. DLA Energy Americas West

3171 N Gaffey Street

San Pedro, CA 90731-1099

Phone: (310) 241-2806/2807

FAX: (310) 241-2836

200. DLA Energy Europe and Africa

Military Mailing Address:

DLA Energy Petroleum Lab

ATTN: Quality Manager 5

CMR 422

APO AE 09067-0422

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

FAX: 49-631-3406-2289 6

Commercial Shipping Address:

DLA Energy Petroleum Lab

ATTN: Quality Manager

Bldg. 320, Rhine Ordinance Barracks

Am Opelkreisel

67663 Kaiserslautern, Germany

300. DLA Energy Pacific

1025 Quincy Avenue, Building 479, Suite 2000

Pearl Harbor, HI 96860-4512

Phone: (808) 473-4307/4287

FAX: (808) 473-4232

400. DLA Energy Middle East

PSC 851, Box 180

FPO AP 09834-2800

Phone: 973-1785-6493 6

FAX: 973-1785-4650 6

[Location: Bahrain]

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

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

QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

(a) DEFINITION: As used in this contract provision:

Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract.

Extraordinary situation means the matter cannot await resolution until the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded).

Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method. Approval is on a case-by-case basis and is normally for a set period of time.

(b) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(c) The following procedures shall be used to request a deviation or waiver.

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or QUALITY REPRESENTATIVE contract provision of this contract. Each request shall provide the following information: Contractor name; name and contact information of the contractor’s authorized negotiator; contract number; contract line item number and product nomenclature, clause or contract provision number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and an agreement to pay an equitable price reduction, estimated and proposed by DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy relative to approval of the deviation or waiver.

(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420.

(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation.

Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS contract provision of this contract.

(4) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $500, which covers administrative costs, plus any additional cost of Government reinspection or retest, if necessary.

(5) If a deviation or waiver is granted modifying this contract, but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. 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…