SF30_SPE60219R0710_AMD_0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

4. REQUISITION/PURCHASE REQ. NO.

See Block 14

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE602 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

SPE60219R0710

X

2019 MAY 09

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, 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, X is required to sign this document and return 1 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

BULK PETROLEUM PRODUCT

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

3. EFFECTIVE DATE

See Attached Continuation Sheet(s).

(X)

CHECK ONE

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.

23 MAY 2019

TSURUMI BARGE TRANSPORTATION SERVICES

SOLICIATION SPE602-19-R-0710 AMD 0001

The purpose of the modification is as follows:

1) Solicitation note 1 has been deleted. All other solicitation notes have been moved up as a result.

2) CLIN 0002 and CLIN 0003 have been deleted from SECTION B. A new offer entry worksheet is included with this amendment (ATT 1 Offer Pricing Schedule).

3) Section C, Performance Work Statement, has been updated as follows:

PERFORMANCE WORK STATEMENT (PWS)

1. General.

1.1. Scope. This contract covers the transportation services of Department of Defense (DOD)-owned bulk aviation fuel by barge between U.S. Government operated fuel terminals or Tokyo Bay areas in Japan. The

Contractor shall provide barge transportation using Contractor-supplied equipment as specified herein. The barge shall be licensed to carry the following clean bulk petroleum products: Turbine Fuel, Aviation (JP8 and JA1). Such vessels shall comply with the existing Japanese safety and environmental laws and regulations.

1.1.1. Historical Location Information. The Defense Logistics Agency Pacific Office, (DLA PAC)

Loading/Discharging (Receiving) locations are provided as historical information. However, this list is not all-inclusive. The following list does not represent all Loading/Discharging points, and may change as fuel procurement award patterns change.

Table 1. Fuel Loading/Discharge Ports

Hakozaki, JP (North Dock)

Hakozaki, JP (Canal Dock)

Tsurumi, JP (OU-2)

Tsurumi, JP (OU-1)

1.1.2. Government Reserved Rights. The Government reserves the right to use the Contractor furnished equipment from, to, and between the points shown above without restriction.

1.1.3. Hours of Operation. Contractor supplied equipment and crews must be available to the

Government, 24 hours per day, 7 days per week to perform services and may be directed by the

Government to stand by at an origin, destination, or intermediate point as necessary.

1.1.4. Period of Performance. 1 September 2019 through 31 August 2021, as follows:

Performance Period

Loading and

Delivery

Locations

Barge(s)

Minimum Capacity / Est # of Voyages Estimated Quantity

1 SEP 2019 -

31 AUG 2021

All Locations 1,500 BBLs Minimum Barge Capacity

Estimated 30 voyages per month

(Larger capacity barge may require fewer voyages per month to deliver estimated quantity)*

45,000 BBLS/Month

(1,080,000 BBLS Total)

*Note: a currently unscheduled pier maintenance project may restrict deliveries to Yokosuka (Hakozaki) Canal

Dock and Tsurumi OU2 ONLY for an undetermined period of time. Please see the table at PWS 3.1.1 for vessel size restrictions.

1.1.5. Tank Cleaning. Tank cleaning and gas freeing is the responsibility of the Contractor. The parcel ship, adjacent tanks, next to entry tanks are to be gas free. The Contractor shall comply with the

Ordinance on Prevention of Anoxia, etc., conforming to the Industrial Safety and Health Law.

The Government will inspect tanks prior to loading to confirm that the cargo tanks are suitable to load the intended cargo in accordance with APPENDIX C: Minimum Requirements for the

Preparation of Barge Cargo Tanks Table XXVIII. If not satisfactory, the Contractor will be required to properly prepare the tanks. Prior to discharge, a Government representative shall verify that the cargo is uncontaminated before commencement of discharge. If at the point of discharge cargo reveals a residue or particulate matter and the cargo tanks are dirty when inspected by the Master and the Government Terminal Representative, and no other fuel products have been transported except the Government-owned fuel, the Contractor may submit a claim for the extra expense for tank cleaning which will be considered.

1.1.6. Down-time for Tank Cleaning. The down-time for tank cleaning services is limited to 4 days per cleaning event in and out of the Time Charter Period. Any additional down-time incurred by the Contractor related to barge tank cleaning is at the responsibility and expense of the Contractor.

In the event that tank cleaning is required outside of the Time Charter Period or when a substitute vessel must be provided because of contamination of barge tanks due to the fault of the

Government, it is the Contractor’s responsibility to complete and schedule cleaning services. The

Government may pay claims submitted by the Contractor for barge down-time related to cleaning, only in the event that the cleaning is caused by contamination by Government-owned fuel. All pre-service tank cleaning is the responsibility of the Contractor.

1.2. Safety and Security.

1.2.1. Regulatory Compliance. In performing the work under this contract, the Contractor shall abide by and comply, with applicable statutes, ordinances, laws, codes and regulations of Japan such as, but not limited to, Safety, Environmental, Labor, Hour and Wage, Workers Compensation and

Occupational Health.

1.2.1.1. The Contractor shall, without additional expense to the Government, be responsible for obtaining any and all required licenses, permits and the like, required for the performance of this contract.

1.2.1.2. The Contractor hereby indemnifies and holds harmless the Government from any and all claims of any type arising out of or in connection with the requirements of this clause. This indemnity shall include the obligation of the Contractor to handle and settle without cost to the Government any claims or litigation against the Government based on the allegation that the Contractor or the Government or both have not fully complied with local labor laws or regulations relating to the performance of the services required by this contract.

1.2.2. Safety and Health of Personnel. The Contractor is responsible for ensuring that proper safety and health precautions are taken to protect personnel, the general public, and property of others.

All services shall be performed by individuals fully qualified and licensed in their relevant area.

The Contractor will ensure that subcontractors comply with these requirements.

1.2.3. Death or Injury to Personnel. In all instances where Contractor’s employees are absent due to injury or death or for purposes of receiving medical attention due to an injury during or arising from performance under this contract, the Contractor shall submit a full written report of the facts and the extent of such injury to the Contracting Officer's Representative (COR) within 24 hours following the occurrence of such injury or death. In addition, the Contractor shall submit to the

COR a written accident report of each and every accident occurring to the Contractor’s employees within 24 hours after the occurrence. If an investigation of the accident is conducted, the

Contractor shall assist the investigator in securing statements from its employees and shall make pertinent records available to the investigator and to the COR. In addition, the Contractor shall cooperate in the reporting and investigation of any environmental or health incident connected with the services provided under this contract.

1.3. Damage and Loss Reports. During operation under this contract, in all instances where cargo, Contractor’s equipment, or private or Government property is damaged, lost, or pilfered while in the care, custody, or possession of the Contractor or through handling by the Contractor’s employees, agents, or subcontractors, the Contractor shall submit a full written report of the facts and the extent of such damage or loss to the Contracting Officer's Representative within 24 hours following the occurrence or discovery.

1.4. Quality and Performance. The Government and the Contractor will operate as a team to assure a high standard of quality is established and maintained in the performance of the contract. This will include

Government measurement and surveillance of the Contractor’s performance to document and recognize instances of superior Contractor performance, and to identify areas falling short of required performance standards so that the Contractor and the Government may work together to identify causes and eliminate problems before they become serious. The Government’s Performance Measures and the Contractor’s

Quality Control (QC) program requirements are described below.

1.4.1. Contractor Quality Control, Reporting and Records

1.4.1.1. Quality Control Plan. The Contractor shall establish and maintain a Quality Control

Plan (QCP) to ensure quality service is provided throughout the terms of the contract.

The Contractor shall submit evidence of an acceptable QCP with its proposal submission and submit a final acceptable QCP prior to commencement of work under the contract. The QCP shall be reviewed and updated when deemed necessary by the

Contractor or the Government, to include changes necessary to prevent the recurrence of quality problems. The Contractor must sign and date the original QCP, as well as each subsequent revision. Revisions shall also be presented to the Quality Assurance

Representative (QAR) for review and acceptance prior to implementation. When acceptable to the Government, the original QCP, and any revisions, shall be signed and dated by the QAR. The QCP should include as a minimum how the Contractor intends to meet the performance objectives, provide cargo free of contamination or degradation, and should also identify those areas the Contractor sees as critical to the customers for this contract, how it will monitor quality performance in those areas, and how it will maintain or exceed customer expectations, including identification and correction of problems.

Deliverable: QCP

1.4.1.2. Problem/Failure. The Contractor shall self-identify any problem or failure that may impact contract performance. In accordance with its QCP, the Contractor should notify the COR/ DLA PAC immediately of the problem, and follow-up in writing within two

(2) business days to the COR/ DLA PAC a succinct written plan of action of

Contractor self-identification or awareness of a potential or real problem, failure or deficiency. The Contractor shall detail the methodology for correcting the problem or deficiency in the plan of action, and provide an assurance of the specific time required to bring performance back to acceptable quality levels, as applicable.

1.4.1.3. Use of Quality Performance Information. Information from these reports will be compiled cumulatively to provide annual reports of past performance for use in past performance evaluations.

1.4.2. Government Quality Assurance. Final determination that the services rendered are conforming is solely the responsibility of the Government. The Government Quality Assurance Surveillance

Plan (QASP) is not a substitute for Contractor quality control.

1.4.2.1. Critical Performance Requirements. The Government will monitor the Contractor’s performance using predetermined quality assurance procedures and through the

Government Service Delivery Summary (SDS), Appendix B, which will be used in this program and which also describes the contract requirements considered most critical to performance.

1.4.2.2. Performance Measurement Approaches. The CO and the COR will monitor

Contractor performance and compliance with the terms and the conditions of the contract using the SDS and such standard techniques as inspections, Government generated management reports, Contractor reports and Customer feedback. The COR, in conjunction with the CO, will conduct periodic meetings with the Contractor to discuss operations, and problem areas.

1.4.2.3. Visits. Government personnel, in addition to/other than the Contracting Officer

Representative (COR) and Quality Assurance Representative (QAR), may make announced periodic visits to the Contractor's facilities to observe daily operations.

Announced visits will follow a one (1) day prior notice to the Contractor. During these visits, the Contractor shall provide knowledgeable personnel to tour and inspect the areas. The Contracting Officer and/or his representative will make periodic inspections.

1.5 Insurance Requirements.

1.5.1. Cargo Insurance. The Contractor shall provide cargo insurance, at its own expense, as required by law, at least equal to the value of the cargo transported.

1.5.2. Liability, Pollution and Environmental Insurance. Contractor shall provide at its own expense, the appropriate amount of insurance as required by law. The minimum insurance requirements

1.5.3.

can be found in H5.103 INSURANCE REQUIREMENTS FOR CONTRACTORS AND

SUBCONTRACTORS (DLA ENERGY JAN 2012).

Policy Notification. The Contractor shall provide copies of cargo, public liability, and pollution liability insurance certificates to the Contracting Officer, with English translations, prior to contract award and each time there is a change in coverage or policy renewal. The Contractor shall furnish a written notice to the Contracting Officer 30 days in advance of the effective date of any reduction in, or cancellation of the cargo, public liability, or pollution liability insurance policies.

Deliverable: Insurance Policy Notifications

1.5. Regulation/Instruction for Oil Spills. The Contractor shall commence the spill retrieving action by way of neutralizer, oil absorbent sheet immediately when the fuel spill occurs during the cargo operation. The

Contractor is responsible for cleaning up the spills if such spills damaged U.S. Government property as a result of the Contractor’s fault and is responsible for reimbursing the Government for the cost of the spilled fuel. The Contractor shall comply with the following law and regulations.

- Japanese Environmental Governing Standards (JEGS), Chapter 18, Spill Prevention and

Response Planning issued by U.S. Forces Japan.

- Law Relating to the Prevention of Marine Pollution and Maritime Disaster.

1.5.1. Oil Pollution Cleanup. For the purposes of this clause, the following definitions apply:

a. "Oil or petroleum products" means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, or oil waste such as sludge, whether or not carried as cargo.

b. "Pollution damage" means loss or damage caused outside the vessel or barge by contamination resulting from the escape or discharge of oil or petroleum products from the vessel or barge into the territorial sea or onto the territory of any nation and includes all direct and reasonably foreseeable damages caused by the escape or discharge of oil or petroleum products, the cost of preventative measures to minimize harm to the environment, and any further loss or damage caused by the preventive measures taken, but excludes any loss or damage which is remote or unforeseeable.

When an escape or discharge of oil or petroleum cargo occurs from the Contractor's vessel or barge and causes or threatens to cause pollution damage, or when there is the threat of an escape or discharge of oil or petroleum cargo (i.e. a grave and imminent danger of the escape or discharge of oil or petroleum cargo which, if it occurred, would create a serious danger of pollution damage), then the Government or the Government's agent may, at the Government's option, upon notice to the Contractor or Master of the vessel concerned, undertake such measures as are reasonably necessary to prevent or minimize such damage or remove the threat, unless the

Contractor promptly undertakes the same. The Government, or its agent, shall keep the Contractor advised of the nature and results of any such measures taken by it, and if time permits, the nature of the measures intended to be taken by it. Any of the aforementioned measures taken by the

Government or its agent shall be deemed taken on the Contractor's authority and as the

Contractor's agent, and shall be at the Contractor's expense except to the extent the Government

(or its agent) caused or contributed to the discharge or threat of discharge and except to the extent the Contractor's liability is limited or exempted by regulation, law, or treaty.

2. Government Responsibilities.

2.1. COR / Ordering Officer Responsibilities. The COR and/or the Ordering Officer will perform the following:

2.1.1. Cargo Routing. Issue cargo routing instructions to shippers.

2.1.2. Order Services. Issue orders; order all loading and unloading services and schedule all movements.

2.1.3. Contact Information. Furnish the Contractor with the names and appropriate telephone numbers, of persons designated as the Government’s ordering, inspecting, and receiving representatives upon award of the contract.

2.1.4. Acknowledge Receipt. Acknowledgement of receipt shall be completion of the DD-250-1, or

WAWF Energy Receiving Report (ERR) and barge ullage documentation consisting of location, date of arrival, barge name/number, and cargo number and shall provide for signature by both a

Contractor representative and a designated Government representative. (See Appendix D)

2.1.5. Measure, Verify, and Document Cargo. Arrange for measurement, verification, and documentation of all cargo remaining aboard barges at loading and unloading ports and, in accordance with PWS 4.4.3 Carry Away Liability, deduct from the next monthly invoice, the value of cargo in excess of ten (10) barrels carried away per barge. Charges would apply only when barge equipment is changed or product carried changes.

2.1.5.1 Forms. The Contractor shall obtain a signed loading receipt (DD Form 250-1 and/or the DD Form 1348-7) for quantity loaded from an authorized U.S. Government representative at the loading terminal. The Contractor shall obtain a signed discharged receipt (DD Form 250-1 and/or the DD Form 1348-7) for quantity delivered to U.S.

Government owned or chartered vessels from an authorized ship’s officer or authorized

U.S. Government representative at storage delivery terminal. Only the DD Form 250-1 and/or the DD Form 1348-7 will be acceptable forms of proof for loading and discharge receipts and should be provided submitted with the Contractor’s invoice as an attachment in WAWF.

2.1.6. Notify Receiving Activities. The COR or the Ordering Officer will notify the receiving activities of the scheduled arrival of the barge, including estimated date and time of arrival, barge name/number, and cargo number.

2.1.7. Authorize Access. Arrange for an authorized representative of the Contractor to have access to all facilities to load and discharge barges as necessary.

2.1.8. Supply Required Forms. Supply the Contractor with all forms that the Contractor is required to file with the Defense Logistics Agency Energy Japan Office, or the COR. (See Appendix D.)

2.1.9. Provide a Safe Berth. Provide a reachable and safe berth at all loading and discharging ports for the vessel to be afloat at all times, free of dockage, wharfage, pilotage, toll, and port charges.

Tows needing to remain at the pier, past loading or discharge will only be allowed with the coordinated request and agreement of the loading/discharge location and DLA Energy Japan COR/

QAR.

2.1.10. Inspect and Accept Equipment. The Government shall conduct pre-award and/or pre-service inspections for Contractor equipment.

3. Contractor Furnished Equipment and Crew. The Contractor shall furnish all supplies, materials, equipment, and personnel necessary to perform the services incidental to the operation of the equipment listed below:

3.1. Barge Requirements. The Contractor shall provide the following:

3.1.1. Barge. Contractor is required to comply with the maximum safe navigable draft, width and length overall for all loading and discharge locations as listed below.

Terminal Maximum

Ship’s LOA

(feet)

Maximum

Ship’s Beam

(feet)

Maximum

Ship’s Draft

(feet)

Maximum

Ship’s DWT

(tons)

Type of

Manifold

(inch)

Type of

Manifold

(connection)

Hakozaki

(North Dock)

670 N/A 40 42,000

(21,000x2)

8 (ANSI) Loading Arm

Hakozaki

(Canal Dock)

150 20 13 1,000 8 (ANSI) Loading Arm

Tsurumi

(OU-2)

120 26 10 500 6 (ANSI) Hose

Tsurumi

(OU-1)

315 48 18 4,000 6 (ANSI) Hose

3.1.2. Barge Equipment. The Contractor shall use barges with cargo tanks that are appropriately coated, comply with Attachment (1) and Reference (a), and otherwise acceptable to receive the cargo identified in the Government’s order. The use of copper and copper alloys (brass, bronze, etc.) in vessel compartments, pipelines, heating coils, and fittings is not permitted.

3.1.2.1. Cargo Pumping System. A cargo pumping system with necessary hoses and connections capable of completely discharging and stripping the cargo tanks without outside power or assistance from the shore.

3.1.2.2. Cargo Tank Stripping System. An independent cargo tank stripping system capable of stripping all but a maximum of two barrels of product per cargo tank, not to exceed

10 barrels for the entire barge. The discharge rate during tank stripping operations may be less than the minimum rates stipulated above. Not required for barges of 500 DWT or less.

3.1.2.3. Water Stripping System. An independent water stripping system, separate from the

Cargo tank stripping system shall be available for removal of large amounts and/or residual water discovered on Vessel(s), prior to load/discharge of Cargo. All water and

Cargo tank stripping and discharge lines shall be fully visible from the Deck. Not required for barges of 500 DWT. If residual water is found in servicing barge tanks of barges of 500 DWT or less, contractor will arrange for vendor tank cleaning.

In the event that a large amount of water is discovered on the barge, the Contractor and

Government QAR will investigate to determine the source and cause of the water. If the water source is determined to be from the shore tank, the Government will be responsible for the cost of removal. If the source is determined not to be the cause of the Government, such as intake of seawater, then the Contractor shall assume removal costs.

3.1.2.4. Gauge Point Marks and Calibration. Permanent gauge point marks with reference height stenciled to the deck or compartment hatch, certified calibration charts not exceeding eight years in age (provided that no structural alterations have been performed subsequent to the calibration date), trim correction tables and legible draft markings. Barges shall be recalibrated as needed at the Contractor’s expense during the contract period.

3.1.2.4.1. Calibration Charts. The Contractor shall provide copies of the certified calibration charts and trim correction tables to the Government representative at loading and discharge points and to the COR. A packet containing all calibration charts and trim correction tables pertaining to all equipment used in the performance of this contract shall be available on each barge. The

Contractor shall provide the COR a list showing the maximum load capacity of each barge at safe draft, updated whenever equipment or regulation or traffic area depths change. The Contractor shall develop, maintain, for Government use or inspection upon request and make available on board hired equipment, a

Vessel Experience Factor (VEF) comparing the history of shore quantity measurement figures against loading and discharging vessel quantity measurement figures. This VEF shall be used to correct the barge ullage form identified in PWS 4.4.2. Anytime the physical structure of a barge is changed, due to damage or equipment modification, the barge shall be strapped again, and a new set of gauging charts provided at no cost to the Government.

Deliverable: Calibration Charts and Trim Correction Tables

3.1.2.5. Stainless Steel Tanks. Barges offered for consideration that are constructed of either stainless steel, carbon steel that has been epoxy coated with a non-coal tar based grade of epoxy, or uncoated mild steel tanks are acceptable for performance consideration under the provisions of this contract.

3.1.2.6. Steel Valves. Steel valves shall be an integral part of all barges used in the performance of this contract. No yellow metals shall be used in the piping and/or valves.

3.1.2.7 Spill Rails. Spill rails are required on all barges.

3.2. Contractor Owned or Leased Equipment. The Contractor shall own the equipment performing the transportation service or the Contractor shall have the equipment under long-term lease for the duration of the contract period. The Government requires verification of this requirement with the Contractor’s proposal submission. Any changes to the Contractor’s equipment inventory during the period of performance shall be communicated to the Contracting Officer in writing.

3.3. Barge Inspection and Acceptance. At the start of this contract, the Contractor shall provide barge equipment that conforms to the specifications of this contract (see PWS 3.1 Barge Requirements and related subparagraphs), and that passes the Government’s loading inspection. Government inspection and acceptance of the Contractor’s equipment is a condition precedent to the Government’s obligation to pay the rates set forth in the Schedule of Rates. The Government incurs no obligation to make payments, until the Government’s Quality Assurance Representative (QAR) has approved the Contractor’s equipment for loading in accordance with PWS 3.3.1 Pre-Service Inspection, 3.3.2 Suitability to

Load/Discharge, and 4.1.1 Temporary Patching/Repairs and the COR has placed an initial written acceptance and order of equipment with the Contractor.

3.3.1. Performance Objective - Pre-Service Inspection. Not later than 15 days prior to the initiation of transportation services, the Contractor shall make its barges available for inspection and acceptance by the Government at the loading point, or other coordinated location, as specified by the COR. If the Contractor fails to provide conforming equipment by this deadline, the Contractor shall be subject to termination by the Contracting Officer under the Termination for Cause clause.

Tows must be presented cleaned, gas free, and free of temporary patches. The Contractor shall provide a valid marine chemist certificate to the Government QAR prior to inspection. Contractor shall ensure that all cargo and vent lines have been drained of previous cargo, and prepared in accordance with Appendix C requirements to include being air dried. Furthermore, all cargo tanks and bulkheads shall be free of water, loose rust, sludge, mud, silt, and foreign objects. The

Contractor shall take a sample of scale from inside of the cargo tanks and have it tested to determine the potential effects of the corrosion and gum characteristics on the cargo to be loaded.

Contractor shall provide copies of the test results to both the COR and QAR prior to Government inspection. NOTE: Scale sample is Not required if the entire Cargo Tank(s) are epoxy coated and coating is free of blistering, bubbling, peeling, cracking, etc. The Contractor shall prepare the barge for inspection at its own expense. Acceptance of the equipment by the Government shall in no way be construed to attest to the seaworthiness of the barge. The Government's QAR shall issue written confirmation of acceptance of equipment through the COR. Once inspected, the barge equipment will be considered to have entered into service on this contract. All equipment will be re-inspected at the beginning of each Time Charter Period as outlined in PWS 1.1.4. This paragraph does not apply to barges carrying JP8 immediately before performance on this contract.

However, use of such barges pursuant to this contract is subject to acceptance by the QAR.

Deliverable: Valid Marine Chemist Certificate

3.3.2. Suitability to load/discharge. Vessel owners/operators are responsible for providing vessels suitable to load and deliver the intended cargo and for determining the need-to-clean vessel cargo tanks. Vessels shall arrive at the required Port ready to load/discharge the intended cargo. At each load or discharge Port, Contractor shall certify that Vessel cargo tanks are suitable for loading or discharging the intended cargo. Contractor shall also provide the Quality

Representative (QAR) with Cargo Tank(s) soundings of product / water onboard and validated onboard quantities (OBQ) prior to loading.

3.4. Maintain, Position, and Operate Equipment. The Contractor shall maintain, clean (including slop tanks), repair, position and operate its equipment to ensure its performance under the contract, including providing fuel to operate the barge pump engines and shall provide all crew living provisions. The

Contractor shall pay all associated costs and expenses.

3.5. Provide a Licensed Tankerman. The Contractor is responsible for following all governing regulations and statutes in providing a licensed tankerman at all loading and discharge points identified in the PWS or hereafter required by the Government. The licensed tankerman shall gauge barge tanks jointly with the Government QAR and make a record of quantities on required forms including Barge Ullage (DD

Form 2479), or suitable commercial equivalent. As directed by the COR, the Contractor shall furnish an additional shore tankerman when needed.

4. Contractor Tasks and Duties.

4.1. Equipment Maintenance.

4.1.1. Temporary Patching/Repairs. The Contractor may use temporary repairs only until the barge can return to a point where permanent repairs can be made. Barges shall not be accepted for loading if there is evidence of concrete patches or other temporary repairs. Furthermore, Contractor shall notify the COR and QAR, by electronic mail of such repairs when load/discharge schedule, or transit times are affected.

4.1.2. Performance Objective – Continuous Service. The Contractor shall provide resources, equipment, and crew available to perform transportation services under a resultant contract 24-hours, seven-days a week to the Government while performing under PWS 1.1.4.

4.1.2.1. Scheduled/Required Maintenance. Maintenance or repair periods shall not exceed

24 hours in duration, except when mutually agreed between the Government and the

Contractor (e.g. periodic maintenance). The Contractor shall provide notice of scheduled maintenance with expected duration of maintenance not less than 24 hours before the date it is scheduled.

Deliverable: Scheduled Maintenance Notification

4.1.2.2. Out-of-Service Notification. The Contractor shall notify the COR immediately in the event that the Contractor is unable to provide service due to unscheduled non-availability of equipment or crew, and must include the location of the equipment, cargo status (loaded or empty), reason for being out-of-service, and the expected duration of disability (Temporary Out-of-Service or Long-Term Out-of-Service) in the notification.

Deliverable: Out of Service Notification

4.1.2.3. Long-Term Out-of-Service Notification. In the event that the notification is for

Long-Term Out-Of-Service, the Contractor shall provide a substitute for any or all of the equipment or crew designated for use under this contract within 24 hours (unless the Government elects to waive the continuous service requirement for a longer period) and shall specify details of the substitution in writing. The specification shall include reason for the request for the substitute equipment and if repair/maintenance action is required, provide in-depth description of repairs to be made, facility and location of repair action, and estimated date equipment shall be returned to use. If carry-away cargo is present in the barge, the Contractor must make cash settlement or other means of disposition satisfactory to the Government for this cargo before the barge is permitted departure from being used in the performance of this contract.

Deliverables: Long Term Out-of-Service Notification, Request for Substitute

Approval, and Substitute Specification

Table 2. Performance Objective - Continuous Service.

Measure Standard

Cumulative Days Out-Of Service

(Temporary)

Not more than 10 annually

Response for Out-Of-Service

(Long Term)

Provision of Substitute within 24 hours.

No more than two Failures to Perform annually.

In no case no more than an additional 24 hours late with substitute, without COR approval.

4.1.2.4. Substitute Equipment. When Contractor owned equipment is Out-of-Service Long-

Term, the Contractor shall substitute owned or leased equipment. The COR and/or

QAR must approve, in advance, the substitution of equipment, provided the substitute equipment is equivalent to the Contractor's original (permanent) equipment (i.e., meets the specifications and requirements in PWS 3, Contractor Furnished Equipment and

Crew). The Government reserves the right to inspect the substitute equipment prior to placement into service. The Contractor must prepare the substitute equipment for inspection as stipulated in PWS 3.4, Maintain, Position, and Operate Equipment, when so required. The substitute equipment provided by the Contractor shall be at no additional cost to the Government. The original equipment must be returned to service as soon as practical unless otherwise requested by the Contractor and approved by the

COR. Barge equipment substituted for the convenience of the Contractor is not entitled to cleaning expenses as a result of the substitution. The Contractor shall include in the request for substitute approval the estimated fuel burn and transit times of the substitute equipment.

4.1.3. Failure to Perform. Should the Contractor be unable to perform or choose not to provide substitute equipment or crews for all days beyond the first 24-hour period the Contractor’s equipment is out-of-service, the Government may take a pro rata deduction from the Contractor’s monthly invoice for each hour beyond the first 24-hour period. If the Government procures substitute equipment or crews from an alternate source to meet movement requirements the

Contractor is unable to meet, the Government may take an additional deduction from the

Contractor’s monthly invoice for the Government’s excess re-procurement costs, if any. Excess re-procurement costs will be assessed only for those days that the Contractor’s equipment remains out-of-service.

4.2. Cargo Delivery Services.

4.3. Performance Objective - Loading or Discharging Cargo. Upon arrival at a loading or discharge port, the Contractor shall load or discharge any quantity of cargo, entire or partial, as specified by the

COR/Supply Planner.

4.4. Responsibility for Cargo.

4.4.1. Loss or Contamination Liability. The Contractor shall sign the DD Form 250-1, Tanker/Barge

Material Inspection and Receiving Report, or WAWF Energy Receiving Report (ERR), as its receipt for the Government property it received for transportation. The Contractor assumes full liability for, and agrees to reimburse the Government for, the actual loss or contamination to the cargo it receives for transportation, except when loss and/or damage arises out of causes beyond the control of and without the fault or negligence of the Contractor.

The Contractor may also be held liable for loss of Government product in its’ possession during transportation and prior to discharge into Government facilities in excess of one-half (1/2) of one

(1) per cent in volume when a comparison of shore tank gauges and vessel permanent gauge point marks and calibration charts after loading and before unloading establishes that a volume loss exceeding the one-half of one per cent has occurred in transit if investigation by the Government determines that the cause is due to negligence on the Contractor or their representatives. If so, these loss amounts will be used for claim purposes by the Government.

4.4.2. Gauging. Gauging of the vessel is performed jointly. A Government Representative must witness gauging of the vessel. Contractor Representative (s) personnel are responsible to perform gauging of the vessel. Gauging equipment used for quantity determination must be in proper serviceable condition. The Contractor shall ensure that responsible Contractor Representative(s) personnel are readily available for gauging operations so as to not unduly delay release and departure of the equipment. The Contractor shall ensure that a Vessel ullage report is annotated/completed at both the loading and discharge locations. In cases where the Government Representative annotates/completes the report, the Contractor will verify and agree with gauge figures and readings annotated by signing the report.

4.4.3. Carry Away Liability. The Contractor shall be liable for all measurable product carried away due to failure of the Contractor’s equipment to discharge the cargo completely, excluding product remaining in equipment lines, manifolds, and sumps (10 barrels before line drop). Liability is based on the procurement and transportation cost of the cargo carried away and is to be deducted from the Contractor’s monthly invoice. However, the Contractor is not liable for carry-away cargo if the Tanker/Barge Material Inspection and Receiving Report (DD Form 250-1)/WAWF

ERR and the Vessel Ullage Report establish that the cargo carried away remains on board when the same equipment is utilized for subsequent loading. Measurable cargo carried away at the end of the contract period shall be deducted from the Contractor’s final monthly invoice.

4.4.4. Contamination or Degradation Liability. If contamination or degradation of Government cargo occurs due to the Contractor's failure to properly maintain its equipment, the Contractor shall be liable to the Government for replacement costs and/or associated costs with returning the cargo to specification.

4.4.4.1. Performance Objective – Cleaning to Prevent Contamination or Degradation of Cargo.

The Contractor shall ensure that all equipment is clean and free from any condition that would contaminate or degrade cargo. The Government will reimburse the Contractor for cleaning expenses only when the Contractor can demonstrate that the equipment was contaminated due to the fault of the Government, the cleaning is directed by the Government to change grades of cargo transported, or when directed by the Government to complete cleaning for routine maintenance. Cleaning expenses may be reimbursed via the claims process.

4.4.4.2. Minimum Requirements for the Preparation of Barge Tank Cargo Tanks. In all cases, cargo tanks must be free of water, loose rust, sludge, mud, silt, ballast residue, etc. See

Appendix C.

4.5. Reporting and Communication. The Contractor shall maintain contact with the COR, the various consignors, consignees, and the Government Quality Surveillance Representative to ensure prompt and efficient cargo movement, and shall provide position and status reports and communication regularly to the COR and others, as required. The COR contact information will be provided prior to contract start date.

4.5.4. Performance Objective - Cargo Documentation. The Contractor shall maintain a copy of all loading documents, DD Form 250-1/WAWF ERR, including Vessel Ullage Report, or Acceptable commercial equivalent form for Government use at each discharge port.

4.6. Responsibility for Damage to Government Property.

4.6.1. Performance Objective - Damage Due to Contractor Negligence. The Contractor shall be responsible and must assume liability for damage to Government property resulting from negligence on the part of the Contractor. The Contractor must also reimburse the Government for actual expenses incurred by the Government due to breakdown of Contractor’s equipment or delay due to negligence of the Contractor, which prevents prompt acceptance or delivery of intended cargo.

4.6.2. Performance Objective - Prevent Damage to Facilities. The Contractor shall be responsible for removing equipment, including unattended barges, during weather conditions that may result in damage to Government or Contractor-owned facilities.

5.5. Proposal Deliverables. 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. The contractor shall provide to the CO the following plans or other accredited documents as part of its proposal for evaluation and acceptance:

5.5.1 Operational Capability Plan. Proposals must meet the minimum technical capabilities as outlined in the Performance Work Statement. Technical, managerial and operational details for providing barge transportation, refueling and defueling services to ensure all orders are fulfilled in a timely manner. For each barge included in the proposal, Operational Capability must address barge specification information; personnel assigned (identified by position); licensing and insurance. Offers must meet all provisions of licenses, permits and insurance required to operate and manage a fuel transportation business within the Tokyo Harbor region, Japan. All licenses, permits and insurance must be current.

5.5.2 Quality Control Plan. Proposals must meet the minimum technical capabilities as outlined in the

Performance Work Statement and show evidence of an acceptable Quality Control Plan. Technical, managerial and operational details for meeting the performance objectives identified in the Service

Delivery Summary and providing cargo free of contamination or degradation; identification of those areas the Contractor sees as critical to the customers for this contract, how it will monitor quality performance in those areas, and how it will maintain or exceed customer expectations, including identification and correction of problems, including potential barge tank cleaning.

5.5.3 Safety and Environmental Plan. Proposals must provide a narrative describing the managerial and operational details for ensuring a safe workplace that incorporates all applicable Japanese Maritime laws, DoD military installation regulations and best commercial fuel handling practices. Additionally, this plan will address the details of the Contractor’s efforts and strategies for compliance with applicable environmental laws and regulations, including the handling of oil spills.

5.6 Performance Period Deliverables. The Contractor shall deliver reports and data as set forth in the below table. All deliverables shall be submitted electronically via e-mail to the COR, AOR, and any others as identified within the PWS. The contractor shall prepare and submit all deliverables electronically in Microsoft Office (i.e., Word, Excel, PowerPoint, Project, etc.) formats pursuant to the following schedule. Deliverables will be identified by task order number, PWS subtask, and deliverable title.

Task Deliverable Title Deliverable Schedule Recipient

1.4.1.1. QCP Final copy in English prior to

contract start date and after each revision.

QAR

1.5.3.

Insurance Policy Notification Furnish written notice 30 days in advance of any change in insurance policies.

CO

3.1.2.4.1. Calibration, Charts and Trim

Correction Table

To be provided at loading and discharge ports

QAR

3.3.1. Valid Marine Chemist

Certification

Prior to inspection and acceptance QAR

4.1.2.1. Scheduled Maintenance

Notification

Provide notice of scheduled maintenance with expected duration of maintenance not less than 24 hours before date of schedule

COR

4.1.2.2. Out of Service Notification Immediately notify the Government the event that service equipment is unavailable, COR

4.1.2.3. Long Term Out-of-Service

Notification, Request for

Substitute Approval, and

Substitute Specification

Provide substitution equipment and or crew within 24 hours.

COR

5.6.1. Inspection. A deliverable is a specific measurable, tangible, and verifiable activity, outcome, result, item, or product that the Contractor shall provide and that will require formal Government acceptance and approval. The Government will review, assess and provide comment, as required.

5.6.2. Final Acceptance. Final inspection and acceptance of all work performed, reports, or other deliverables shall be performed at the place of delivery. The Government will notify the

Contractor of deliverable acceptance or provide comments, in writing, and the Contractor, if necessary, shall revise and resubmit the final deliverable to the Government within the number of business days (unless otherwise specified) after receipt of Government comments.

6. 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 issue orders.

6.2 Task orders. The task orders for transportation services will be placed by the Contracting Officer. The daily or weekly ordering scheduling will be completed by the DLA Energy Japan Regional Ordering

Officer or the U.S. Navy Inventory Accountant; these individuals will be identified upon contract award.

6.3 Failed Task Response. If the contractor fails to provide required vessels, crew and service, as specified in the task order and or scheduling requests, the Contracting Officer has the right to terminate the task order, in part or in its entirety, and re-issue a new order to a different contractor with the U.S.

Government being reimbursed for any resulting, excess re-procurement costs.

7. 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 WAWF. Each invoice will contain the following information: Company Information, Contract

Number, Unique Invoice Number, Order Number(s), Contract Line Item (CLIN) for each charge, Barge Identification, Date of Load, Quantity Loaded, Date Discharged, Quantity Discharged, and the Total Due to Contractor.

NOTE: Payment is based on successful transportation service of the requested U.S. gallons delivered to the requested destination after compensation for losses are taken into account.

7.1.2 The Contractor will submit copies of all completed DD Form 1348-7s and DD Form 250-1s with each invoice submission.

7.1.3 DLA Energy will verify all invoice documentation against the received DD Form 1348-7s, ordering officer scheduling requests, and DLA Energy inventory and accounting systems. Once all information is verified as correct, the DLA Energy Transportation Office will accept invoices for payment via WAWF.

7.1.4 The payment office is:

Defense Finance and Accounting Service—Columbus Center

Attn: DFAS—JAQEAD

P.O. Box 369031

Columbus, OH 43236

APPENDIX A: DEFINITIONS.

Carry away Product Cargo exceeding 10 barrels per barge remaining in cargo tanks after discharge operations and before line drop.

Contracting Officer's

Representative (COR)

Force Majeure

An individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

Force Majeure literally means "greater force". These clauses excuse a party from liability if some unforeseen event beyond the control of that party prevents it from performing its obligations under the contract.