Amend 0004 SPE60220R0718 Conformed Solicitation.pdf

JPTS Transportation Services

SPE602-20-R-0718

Amendment 0003

CONTENTS

SOLICITATION NOTES

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)

Table 1: Pricing Schedule

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

Performance Work Statement

BACKGROUND

1.1 Contract Requirement

2.0 PERFORMANCE REQUIREMENTS

2.1 Contract Period of Performance

2.2 Place of Performance

2.3 Hours of Operations

2.4 Performance Objectives Requirements:

2.5 Performance Services Requirements

2.6 DESCRIPTION OF LINE ITEMS:

2.7 Responsibilities:

2.8 Insurance Requirements:

3.0 CONTRACT ADMINISTRATION & PROCEDURES

3.1 Technical Direction

3.2 Order Placement

3.3 Task Order:

3.4 Communications:

3.5 Visits:

3.6 Government Points of Contact:

4.0 QUALITY ASSURANCE

4.1 Quality Assurance Representative

4.2 Quality Requirements

4.3 Quality Discrepancies:

4.4 Quality Assurance Processes

4.5 Quantity Requirements

5.0 DELIVERABLES

5.1 Contractor Plans

5.2 Tank Report

5.3 Event Report

5.4 Fuel Loss Report

5.5 Accident Report

5.6 Driver Report

5.7 Damage and Loss Reports

5.8 Deliverables Table

Table 2: Deliverables

5.9 Performance Service Delivery Summary (SDS):

Table 3: Performance Service Delivery Summary

SECTION E - INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996) FAR

E1 QAP CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013)

E12 QAP POINT OF ACCEPTANCE (DLA ENERGY JUL 2015)

E21.01 QAP POINT OF INSPECTION (DLA ENERGY JUN 2015)

E22 QAP LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY APR 2016) 32

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

E40.01 QAP MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA WORKFLOW

WAWF) ENERGY RECEIVING REPORT (ERR) (BULK FUEL/DIRECT DELIVERY AVIATION FUEL)

(DLA ENERGY JUL 2014)

SECTION F - DELIVERIES OR PERFORMANCE

52.211-17 DELIVERY OF EXCESS QUANTIES (SEP 1989) FAR

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

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

F1.01-5 DELIVERY CONDITIONS FOR TANK CARS, BOXCARS, TRUCKS, TRANSPORT TRUCKS,

OR TRUCKS AND TRAILERS (JPTS) (MISSILE FUELS) (DLA ENERGY JAN 2012)

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

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014)

F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005)

SECTION G - CONTRACT ADMINISTRATION DATA

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

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DLA

ENERGY JAN 2012)

SECTION I - CONTRACT CLAUSES

52.252-1 SOLICITATION PROVISION INCORPORATED BY REFERENCE (FEB 1998)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.204.23 PROHIBITION ON CONTRACTING OR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)

52.216-1 TYPE OF CONTRACT (APR 1984) FAR

52.216-18 Ordering (AUG 2020)

52.216-19 ORDER LIMITATIONS (OCT 1995)

52.216-21 REQUIREMENTS (OCT 1995)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.229-12 Tax on Certain Foreign Procurements (JUN 2020)

52.233-2 SERVICE OF PROTEST (SEP 2006) FAR

252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2020-O0022) (AUG

2020) DFARS

252.225-7975 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS

(DEVIATION 2020-O0022) (AUG 2020) DFARS

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)

I11.01-2 ADMINSISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA

ENERGY FEB 1996)

I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DLA ENERGY JAN

2012) 62

I116.01 LIABILILTY FOR FUEL SPILLS (DLA ENERGY JAN 2012)

SECTION J- ATTACHMENTS AND EXHIBITS

Table 4: Attachments and Exhibits

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLLANCE SERVICES OR EQUIPMENT (AUG 2020)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (DEC

2019)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS – COMMERCIAL ITEMS (AUG 2020) . 71

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)

252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONLY CRIMINAL VIOLATION

UNDER ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012) DFARS

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN

2012) DFARS

52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (DEC

2016) DLAD

K5 Use of Electronic Data Interchange (DLA ENERGY MAR 2009) Definitions

K86 FOREIGN TAXES (DLA ENERGY NOV 2014)

K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY

MAY 2014)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE, EMERGENCY

PREPAREDNESS, AND ENERGY USE PROGRAM (APR 2008) FAR

ADDENDA TO FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS. (JUN 2020) ... 94

Paragraph (e) is replaced by the following:

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

SECTION M - EVALUATION FACTORS FOR AWARD

52.212-02 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

52.217-5 Evaluation of Options (JUL 1990)

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

Amendment 0003

SOLICITATION NOTES

(Unless otherwise stated in the schedule, solicitation notes apply to all line items)

1. To be evaluated for award, one copy of the attached Offer Submission Package must be returned to Defense Logistics Agency Energy. All documents to be completed and returned are contained in the Offer Submission Package or as an attachment to the solicitation on betaSAM.gov. The following documents need to be submitted before the solicitation closing date and time of November 30th at 3:00 PM, Fort Belvoir, VA time:

a. Signed Standard Form 1449

b. Attachment 1, Pricing Schedule

c. Offer Submission Package

d. All Applicable Fill-In Clauses

- FAR 52.204-24

- FAR 52.204-26

- FAR 52.209-05

- FAR52.209-07

- FAR 52.212-03

- FAR 52.229-11

- DFARS 252.209-7998

- DFARS 252.209-7999

- DLAD 52.233-9001

- DLA E- K5

- DLA E- K86

e. Attachment 4, Past Performance Experience Form (completed by offeror)

f. Attachment 5, Past Performance Questionnaire (completed by customer)

g. A signed copy of all Amendments (If applicable)

h. Please reference Section L, provision 52.212-1 Instructions to Offerors for more details regarding

Technical Capabilities/Risk, Past Performance, and Socioeconomic Consideration requirements.

i. Copies of Offerors current cargo, public liability, and pollution liability Insurance Certificates IAW

PWS section 2.9.

2. Registrations, representations, and certifications are currently maintained electronically at the SYSTEM FOR AWARD MANAGEMENT (SAM) at www.sam.gov [See FAR 52.204-13 (OCT 2018) for additional information]. Offerors are encouraged to complete all representations and certifications in SAM.

3. The period of performance for this requirement is a base year 1 July 2021 - 30 June 2022 with four optional performance periods of four years (1 July 2022 – 30 June 2026) to be exercised at the Government’s discretion.

4. Offerors are advised to complete and submit with the offer the original plus one copy of all forms contained in the accompanying Offeror Submission Package. Copies of all documents submitted must be exactly the same as the original. Certification and Representation clauses should be answered in either the affirmative or negative, as applicable. Please initial all changes and corrections. Offerors must acknowledge receipt and acceptance of all amendments to this solicitation.

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5. NOTICE: Any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government agencies, or was in receipt of a notice of proposed debarment from any Government agency, is voidable at the option of the Government.

6. For emergency situations during non-duty hours, the number to contact is (571) 767-8420 at the DLA Energy Operations Center, Contingency Plans and Operations Division (DLA Energy-DL).

7. Pursuant to L2.11-4 EMAIL PROPOSALS (DLA ENERGY OCT 2010), offers submitted by e-mail must constitute an offeror’s hard copy. It must contain all required representations and certifications as well as all required signatures. E-mail address in which to submit offers is BulkFuelsBidCustodian@dla.mil.

8. SECTION E QUALITY ASSURANCE PROVISIONS (QAPs): are posted separately on betaSAM.gov for your convenience. However, please review any updates via the DIBBS website. You will need a DIBBS account to access the Technical Data tab, which leads to the E Folders containing the applicable provisions.

The web address is https://www.dibbs.bsm.dla.mil/default.aspx. If you are having problems setting up you DIBBS account, please call the DLA Enterprise Helpdesk at 1-855-352-0001.

9. Payment terms for any contract resulting from this solicitation are “Net 30” days.

mailto:BulkFuelsBidCustodian@dla.mil https://www.dibbs.bsm.dla.mil/default.aspx

Amendment 0003

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:

OFFER SCHEDULE

ORDERING PERIOD: Date of Award through June 30, 2026

OFFERED PRICES:

Base Year (CLINS 0001-0007): 1 July 2021 – 30 June 2022 Option 1 (CLINS 0008-0014: 1 July 2022 – 30 June 2023 Option 2 (CLINS 0015-0021): 1 July 2023 – 30 June 2024 Option 3 (CLINS 0022-0028): 1 July 2024 – 30 June 2025 Option 4 (CLINS 0029-0035): 1 July 2025 – 30 June 2026

TABLE 1: PRICING SCHEDULE

BASE (July 1, 2021 – June 30, 2022)

CLIN DESCRIPTION UNIT OF

MEASURE

EST.

QTY UNIT PRICE TOTAL PRICE

0001 Intermodal Container Transport (JP-8)

Per Container 72 $_____ $____

0002 Intermodal Container Transport (JPTS)

Per Container 36 $_____ $____

0003 Contingency Operations:

Intermodal Container Transport (JPTS or JP- 8)

Per Container 30

0004 Container Port Storage Fee

Per Day 5635 $_____ $____

0005 Container Demurrage Per Day 13349 $_____ $____ 0006 Container Cancellation

Fee Per Container 5 $_____ $____

0007 Fuel Residue Disposal Per US Gal 1000 $_____ $____

TOTAL $

OPTION 1 (July 1, 2022 – June 30, 2023)

CLIN DESCRIPTION UNIT OF

MEASURE

EST.

QTY UNIT PRICE TOTAL PRICE

0008 Intermodal Container Transport (JP-8)

Per Container 72 $_____ $____

0009 Intermodal Container Transport (JPTS)

Per Container 36 $_____ $____

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0010 Contingency Operations:

Intermodal Container Transport (JPTS or JP- 8)

Per Container 30

0011 Container Port Storage Fee

Per Day 5635 $_____ $____

0012 Container Demurrage Per Day 13349 $_____ $____ 0013 Container Cancellation

Fee Per Container 5 $_____ $____

0014 Fuel Residue Disposal Per US Gallon 1000 $_____ $____

TOTAL $

OPTION 2 (July 1, 2023 – June 30, 2024)

CLIN DESCRIPTION UNIT OF

MEASURE

EST.

QTY UNIT PRICE TOTAL PRICE

0015 Intermodal Container Transport (JP-8)

Per Container 72 $_____ $____

0016 Intermodal Container Transport (JPTS)

Per Container 36 $_____ $____

0017 Contingency Operations:

Intermodal Container Transport (JPTS or JP- 8)

Per Container 30

0018 Container Port Storage Fee

Per Day 5635 $_____ $____

0019 Container Demurrage Per Day 13349 $_____ $____ 0020 Container Cancellation

Fee Per Container 5 $_____ $____

0021 Fuel Residue Disposal Per US Gallon 1000 $_____ $____

TOTAL $

OPTION 3 (July 1, 2024 – June 30, 2025)

CLIN DESCRIPTION UNIT OF

MEASURE

EST.

QTY UNIT PRICE TOTAL PRICE

0022 Intermodal Container Transport (JP-8)

Per Container 72 $_____ $____

0023 Intermodal Container Transport (JPTS)

Per Container 36 $_____ $____

0024 Contingency Operations:

Intermodal Container Transport (JPTS or JP- 8)

Per Container 30

0025 Container Port Storage Fee

Per Day 5635 $_____ $____

0026 Container Demurrage Per Day 13349 $_____ $____

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0027 Container Cancellation Fee

Per Container 5 $_____ $____

0028 Fuel Residue Disposal Per US Gallon 1000 $_____ $____

TOTAL $

OPTION 4 (July 1, 2025 – June 30, 2026)

CLIN DESCRIPTION UNIT OF

MEASURE

EST.

QTY UNIT PRICE TOTAL PRICE

0029 Intermodal Container Transport (JP-8)

Per Container 72 $_____ $____

0030 Intermodal Container Transport (JPTS)

Per Container 36 $_____ $____

0031 Contingency Operations:

Intermodal Container Transport (JPTS or JP- 8)

Per Container 30

0032 Container Port Storage Fee

Per Day 5635 $_____ $____

0033 Container Demurrage Per Day 13349 $_____ $____ 0034 Container Cancellation

Fee Per Container 5 $_____ $____

0035 Fuel Residue Disposal Per US Gallon 1000 $_____ $____

TOTAL $

GRAND TOTAL $_____

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

PERFORMANCE WORK STATEMENT

BACKGROUND

1.1 CONTRACT REQUIREMENT. DLA Energy has a requirement to transport DLA Energy capitalized fuel from NAVSUP FLC Moron Air Base, Spain for discharge at Al Dhafra Air Base, United Arab Emirates (UAE);

Jet Propellant Thermally Stable (JPTS) Aviation Fuel shall be transported from DFSP Texas City TX (USA) for discharge at Al Dhafra Air Base, UAE. Jet Propellant Thermally Stable (JPTS) Aviation Fuel shall be transported from DFSP Texas City TX (USA) for discharge at Kadena AB, JP or Osan AB, KO on a contingency basis. Per the solicitation, a DLA Energy Ordering Officer will issue Task Orders as required for these fuel transport services. The contractor will be required to load and deliver the fuel on the specified dates contained in the orders. Required services shall be performed in accordance with best commercial practices.

1.1.1 Contract Performance. The contractor shall provide all bulk fuel intermodal tank containers, permits, licenses, labor, tools, parts, materials, HAZMAT placards, couplers, connectors, adapters (as needed), and transportation assets necessary to provide transport service from origin to destination.

1.1.1.1 Contractor shall weigh containers at origin after loading and at destination prior to delivery.

Amendment 0003

1.1.1.2 The contractor’s transportation services shall be provided on a door to port (from Spain or Texas City, TX to origin port) and port to door (from designated port in UAE to Al Dhafra Air Base) basis. Ocean vessel bookings will be arranged by DLA Energy via Surface and Deployment Distribution Command (SDDC).

1.1.1.3 The contractor shall obtain International Maritime Organization (IMO) declaration/clearance or IMO Port Entry Approval (DD Form2890) from local port authorities to deliver HAZMAT to the Port of Embarkation (POE) and shall coordinate and verify Customs clearances when and where applicable. Contractor shall provide Container Safety Certification (CSC) information and acquire Container Packing Certificate (CPC) (DD-2781) as necessary.

1.1.2 Custody of Petroleum Product Shipments: Custody of petroleum products and risk of loss thereof shall pass to the Contractor as follows:

1.1.2.1 Tank Car Shipments: When the loaded tank is picked up by the contractor.

1.1.2.2 Transport Tank Shipments: When the loaded transport tank is released for shipment.

1.1.3.3 Transport Tank Shipments: When the loaded transport tank is released to the port of embarkation for onward movement.

1.1.3 Custody of Petroleum Product Receipts: Custody of petroleum products and risk of loss thereof shall pass from the Contractor as follows:

1.1.3.1 Tank Car Receipts: When the tank car comes to rest on the Government-furnished Contractor-operated siding.

1.1.3.2 Transport Tank Receipts: When the product passes from the transport tank discharge hoses into the Government-furnished Contractor-operated receiving facilities whether it be a storage tank, line, or any other type of receiving equipment.

1.1.3.3 Transport Truck Receipts: When the loaded transport truck is released for shipment by the Contractor. When the product passes from the transport tank discharge hoses into the Government-furnished Contractor-operated receiving facilities whether it be a storage tank, line, or any other type of receiving equipment.

2.0 PERFORMANCE REQUIREMENTS

2.1 CONTRACT PERIOD OF PERFORMANCE. The contract performance period shall be for a period of one (1) base year with four (1) one-year options. If an option period is exercised, it will be exercised via contract modification (Standard Form 30) of the existing contract in accordance with FAR 52.217-9.

Base period: 1 July 2021 – 30 June 2022 Option Period 1: 1 July 2022 – 30 June 2023 Option Period 2: 1 July 2023 – 30 June 2024

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Option Period 3: 1 July 2024 –30 June 2025 Option Period 4: 1 July 2025 – 30 June 2026

2.2 PLACE OF PERFORMANCE.

2.2.1 Origin Loading Depot: DLA Energy -EU Quality Assurance Representative (QAR) or other U.S.

Government appointed representative will act as the U.S. representative for containers ordered by DLA- Energy in Europe. A DLA Energy Europe and Africa QAR or other U.S. Government appointed representative will witness/oversee the loading procedures at origin. Product is being shipped from Defense Fuel Support Point (DFSP) to DFSP.

Base Aerea De Moron Carretera Moron-Sevilla Moron De La Frontera, 41530 +34 646 028 195

And/or

DFSP Texas City (Nustar Terminals Partners TX L.P) 201 Dock Rd Texas City, TX 77590-0000

(210) 918-3801

2.2.2 Destination Discharge Facility: U.S. Air Force representative will act as the point of contact for the containers discharged in the Middle East. A DLA Energy Middle East or other U.S. Government appointed representative will witness the unloading procedures both at the port when the container is disembarked and at discharge at final destination. Note: Port of Debarkation (POD) is within a secure area that is not accessible to Middle East QAR. Access is only possible once the container leaves the bonded area for transport to final destination.

Al Dhafra Air Base United Arab Emirates Attention: Fuels Manager/Fuels Superintendent Telephone: 971-50-641-0796

DSN: 314-247-4207

2.2.3 Contingency Discharge Locations: U.S. Air Force representative will act as the point of contact for the containers discharged in Japan and Korea. A DLA Energy Korea or DLA Energy Japan or other U.S. Government appointed representative will witness the unloading procedures both at the port when the container is disembarked and at discharge at final destination.

Kadena AB, Japan

18 LRS/LGRF

UNIT 5198 BOX 10

APO, AP 96368

Commercial -- 011 81 98 961 8815

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18 Logistics Readiness Squadron/LGLOR Douglas Blvd, Bldg 792 Kadena AB, Okinawa, Japan

And/or

Osan Air Base, Korea

51 WG-LGSFP

Unit 2064

APO,AP 26278-2064

Commercial -- 011 82 31 661 0183

Osan Air Base, Korea

51 LRS/LGRF

Bulk Storage Office Alaska Rd./Bldg. 623

2.3 HOURS OF OPERATIONS.

2.3.1 Origin, Moron Air Base, Spain: Normal loading hours are from 0800 – 1600, Monday – Friday, excluding federal holidays. Contractor shall confirm hours of operation with DLA representative or other U.S. Government appointed representative for the respective area of responsibility. The contractor shall ensure timely (within 72 hours of receiving the order request) scheduling of trucks at origin (Moron AB, Spain) depot to complete loading within the normal hours of the facility.

2.3.2 Origin, Texas City, TX: The loading days at DFSP Texas City are 24 hours/7 days a week;

however, the Contractor must schedule and confirm hours of operation utilizing the contact information provided in section 2.2. 1. The contractor shall have 72 hours from the time that the order was placed to schedule loading date to ensure on time delivery..

2.3.3 Destination, Al Dhafra, UAE: Normal discharge hours are between 0800 and 1900 hours local time (GMT+ 3). Delivery days at Al Dhafra, UAE are Saturday-Wednesday. (Thursday and Friday is the host country weekend - Port is closed.) Contractor shall confirm hours of operation with DLA representative or other U.S. Government appointed representative for the respective area of responsibility.. During Ramadan and extreme heat conditions, hours of operation may be adjusted based on host-nation and U.S. government guidance. The contractor shall have 72 hours from the time that the order was placed to schedule a loading date to ensure on time delivery.

2.3.3.1 Full containers cannot move through the destination city (Al Dhafra, UAE) prior to 0900 hours local time. Contractor shall confirm hours of operation with DLA representative or other U.S. Government appointed representative for applicable local regulatory bodies, laws, and regulations.

2.3.4 Contingency Destination, Kadena AB, Japan. Delivery days are Tuesday-Thursday. Contractor shall confirm hours of operation with DLA representative or other U.S. Government appointed representative for the respective area of responsibility. The contractor shall have 2472 hours from the time that the order was placed to schedule a loading date to ensure on time delivery.

2.3.5 Contingency Destination, Osan AB, Korea. Delivery days are Tuesday-Thursday. Contractor shall confirm hours of operation with DLA representative or other U.S. Government appointed representative for the respective area of responsibility. The contractor shall have 24 hours from the time that the order was placed to schedule a loading date to ensure on time delivery.

2.4 PERFORMANCE OBJECTIVES REQUIREMENTS:

Task 1- Transportation Services, Container Requirements and Truck Requirements Task 2- Cleaning Requirements Task 3- Delivery Requirements Task 4- Personnel Qualifications Requirements Task 5- Security, Safety, and Environmental Requirements Task 6- General Responsibilities of the Contractor

2.5 PERFORMANCE SERVICES REQUIREMENTS

2.5.1 Task 1- Transportation Services, Container Requirements and Truck Requirements

The contractor shall furnish transportation for bulk fuel intermodal tank containers to/from various locations identified in section 2.2 Place of Performance. The contractor shall provide contractor owned bulk fuel intermodal tank containers to meet the required ordering capacity in section 3.0 Order Placement to transport Government own JP-8 and JPTS fuels. The contractor shall furnish the necessary chassis, vehicles and loading/unloading equipment necessary to facilitate the indicated transportation movements.

2.5.1.1 Container Requirements. The contractor-owned containers shall meet the following requirements:

2.5.1.1.1 Shall be certified for transport of aviation fuel grades JP-8 and JPTS via the intended transportation mode.

2.5.1.1.2 Shall have 3” British Standard Pipe (BSP) Thread.

2.5.1.1.3 Shall have an estimated Capacity of 24,000 liters or 6,340 U.S. gallons

2.5.1.1.4 All openings shall be capable of being sealed with U.S. Government provided seals, to include cleaning hatches on top that are secured by unsealed bolts only.

2.5.1.1.5 Containers used to transport U.S. Government fuel hereunder shall be prepared in accordance with Attachment 7 DLA Energy (DLAE) Conversion chart for tank trucks (TT) tank

Amendment 0003 cars (TC), tank wagons (TW), tank & trailer (TRR), and intermodal containers .(IMC) prior to loading. The U.S. Government shall perform quality checks on each tank container prior to and after loading at origin and prior to and after discharge at destination. Petroleum products shall not be loaded into transportation equipment whose previous cargo was caustic, acid, or chlorinated solvents.

2.5.1.1.6 The contractor shall be required to replace any equipment deemed unsafe, damaged, or not road worthy. Replacements will be reported to the Contracting Officer Representative

(COR).

2.5.1.1.7 If the product to be loaded is aviation turbine fuel JP-8 and JPTS, an ISO container is to remain in multi-product service it shall be epoxy-coated mild steel, stainless-steel or aluminum.

Refer to Attachment A DLA Energy (DLAE) Conversion chart for tank trucks (TT) tank cars (TC), tank wagons (TW), tank & trailer (TRR), and intermodal containers (IMC) for more details.

2.5.1.1.8 If the product to be loaded is aviation turbine fuel (except JPTS), 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. Refer to Attachment A DLA Energy (DLAE) Conversion chart for tank trucks (TT) tank cars (TC), tank wagons (TW), tank & trailer (TRR), and intermodal containers (IMC) for more details.

2.5.1.1.9 Containers may be with or without baffles.

2.5.1.2 Truck Requirements. The contractor-owned trucks shall meet the following requirements:

2.5.1.2.1 The contractor will provide the required assets to successfully perform the contractual requirements identified herein.

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

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

2.5.2 Task -2 Cleaning Requirements. The contractors shall ensure containers are suitable to load intended product IAW with Attachment A DLA Energy (DLAE) Conversion chart for tank trucks (TT) tank cars (TC), tank wagons (TW), tank & trailer (TRR), and intermodal containers (IMC) prior to departure from contractor's facility and that drivers present a cleaning certificate to U.S. designated representative prior to loading.

2.5.2.1 Cleaning certificate shall annotate previous cargo. (See Attachment A DLA Energy (DLAE) Conversion chart for tank trucks (TT) tank cars (TC), tank wagons (TW), tank & trailer (TRR), and intermodal containers (IMC) for specific cleaning requirements).

2.5.2.2 Containers deemed unsuitable to load by the U.S. Government representative will be refused.

The contractor shall be liable for all costs associated with providing a container that is not suitable to load the intended product. The U.S. Government will not pay demurrage or cancellation charges for containers that are refused.

2.5.3 Task-3 Delivery Requirements.

2.5.3.1 Coordination. All deliveries must be coordinated with the Fuels Manager/Fuels Superintendent at Al Dhafra Air Base within 24 hours of schedule delivery. Containers will be staged at the port of Abu Dhabi until DLA Energy -Middle East personnel or DLA Energy -Middle East designee order the delivery of the containers to Al Dhafra Air Base for discharge into storage tanks located on the base.

2.5.3.2 Wait Time. Loading operations and off-loading operations will both be an average of five hours and will require the contractor to remain with the equipment until completion.

2.5.3.3 Schedule. 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 U.S.

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

2.5.3.4 Fuel Residue Dispose. Contractor shall report residual fuel in the ISO containers to the COR for disposition instructions. If required, the contractor shall dispose of residual fuel.

2.5.3.5 The contractor shall provide all customs clearances to the Port Authority at time of container delivery. The contractor shall provide and attach HAZMAT labeling and placarding at time of loading for containers in Spain (SP), USA, and as needed in United Arab Emirates (UAE). U.S.

Government performs exportation customs clearance in pain under Status of Forces Agreement

(SOFA).

2.5.4 Task-4 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.

2.5.4.1 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.

2.5.4.2 The contractor shall ensure all truck drivers have a valid driver’s license, passport, Visa, and vehicle registration for the applicable state/country.

2.5.4.3 Labor employed by the contractor must have valid driving permits and be knowledgeable of

Amendment 0003 and abide by laws/rules pertaining to the transport of flammable liquids, including the associated labeling and placarding of HAZMAT.

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

2.5.5 Task-5 Security, Safety, and Environmental Requirements. The contractor personnel shall comply with the following requirements in the execution of their assigned duties.

2.5.5.1 Regulatory Compliance. In performing the work under this contract, the Contractor shall abide by and comply, with applicable local laws for each performance location, DoD military installation regulations, and best commercial fuel handling practices involved in the execution of this requirement such as, but not limited to, Safety, Environmental, Labor, Hour and Wage, Workers Compensation and Occupational Health.

2.5.5.2 The 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.

2.5.5.3 The contractor shall comply with all applicable country’s laws and regulations regarding the identification and marking, placarding, transportation, use, storage, and disposal of hazardous materials.

2.5.5.4 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.

2.5.5.5 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. 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.

2.5.5.6 The contractor shall provide the documents in section 2.5.4. Personnel Qualification to base/host nation security office not later than seven (7) calendar days prior to the scheduled delivery.

The U.S. Government will not pay demurrage costs on containers in which the contractor's representatives failed to provide documentation to base/host nation security office within the seven

(7) calendar day notice. Base/host nation security office is open daily/24 hours.

2.5.5.7 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.

2.5.5.8 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.

2.5.5.9 Drivers are prohibited from carrying weapons while performing tasks associated with this contract.

2.5.5.10 The U.S. Government will not provide security escort for trucks transporting fuel product.

2.5.5.11 Contractor shall keep tanks for delivery secured in a single location until they move to the final destination.

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

2.5.6 Task 6- General Responsibilities of the Contractor

2.5.6.1 Contractor Furnished Equipment and Crew: The contractor shall furnish all supplies, materials, personnel, and equipment necessary to perform the services contract under the award of this contract. 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

2.5.6.2 Maintain, Position, and Operate Equipment: The contractor shall maintain, clean, repair, position and operate contractor furnished equipment to ensure its performance under the contract, including providing fuel to operate necessary equipment.

2.6 DESCRIPTION OF LINE ITEMS: The performance service requirements indicated in section 2.4 of the PWS are grouped under the below line items. The Contractor’s offered price (which will be reflected in any resultant contract) will be based on the work indicated under the line item and any stipulations indicated (i.e.

transportation costs for assets to the Contractor’s facility to perform work should be included in this line item, or Contractor-provided equipment). The information below is provided to clarify any confusion in what requirements are ordered by workload assignment and how they are required to be invoiced by the Contractor when submitting its invoice in Wide Area Workflow (WAWF).

Line Item 0001: Intermodal Container Transport (Low Freeze JP8) from origin, Moron, Spain to destination, Al Dhafra, UAE.

This line item is for transportation of contractor owned bulk fuel intermodal tank containers from Moron Air Base, Spain to Al Dhafra, UAE. The Firm Fixed Price for Line Item 0001 shall be priced on a per container basis and shall include all Contractor furnishing equipment to transport contractor-owned containers, and equipment to load/unload containers.

Line Item 0002: Intermodal Container Transport (JPTS) from origin, Texas City, TX to destination, Al Dhafra, UAE.

This line item is for transportation of contractor owned bulk fuel intermodal tank containers from Texas City, Texas to Al Dhafra, UAE. The Firm Fixed Price for Line Item 0002 shall be priced on a per container basis and shall include all Contractor furnishing equipment to transport contractor-owned containers, and equipment to load/unload containers.

Line Item 0003: Contingency Operations: Intermodal Container Transport (JPTS or JP-8) from origin, Texas City, TX to varying possible locations identified in section 2.2.

This line item is for transportation of contractor owned bulk fuel intermodal tank containers from Texas City, TX to varying possible locations identified in section 2.2.3. Contingency Operations may require delivery to one or more location on a varying basis. The Firm Fixed Price for Line Item 0003 shall be priced on a per container basis. The price shall include an all-inclusive rate to transport from origin to origin port and destination port to destination of any of the varying locations in section 2.2.3 and all Contractor furnished equipment to transport contractor-owned containers, and equipment to load/unload containers. Ocean vessel bookings will be arranged by DLA Energy via Surface and Deployment Distribution Command (SDDC).

Note: If during the course of performance the Government establishes a more regular and recurring delivery schedule to any of the identified locations in section 2.2, the government will add an additional Line Item to the contract via modification.

Line Item 0004: Container Port Storage Fee:

This line item is for Storage fees for containers that remain at destination port longer than the free time allotted by that respective port. The Firm Fixed Price for Line Item 0004 shall be invoiced monthly for the previous month’s storage total.

Line Item 0005: Container Demurrage:

This line item is for Demurrage for days containers are held beyond the 45 calendar days free time beginning at load date1. The Firm Fixed Price for Line Item 0005 will be invoiced on a per day rate monthly.

Line Item 0006: Container Cancellation Fee:

1 Load date is the date the fuel is loaded into the container for transport to the delivery location.

This line item is for any order cancelled within the 24 hour period for which the contractor has already commenced movement operations (including the dispatch of tanks/containers from the contractor's facilities or the loading of the tanks/containers with fuel), the contractor is entitled to a cancellation fee.

The Firm Fixed Price for Line Item 0006 shall price on a per container basis and shall include all Contractor furnishing equipment to transport contractor-owned containers, and equipment to load/unload containers.

Line Item 0007: Fuel Residue Disposal:

This Line Item covers the expense associated with the removal of any excess or left over fuel that was associated with the pervious load. In accordance with section 2.5.3.4. The Firm Fixed Price for Line Item 0007 shall be invoiced on a per US gallon basis monthly for the previous month’s disposal total.

2.7 RESPONSIBILITIES: The Government and the contractor will operate as a team to ensure standards, as established in CFR 49 are met and maintained in the performance of the contract.

2.7.1 Contractor Responsibilities:

2.7.1.1 In addition to what has been described above in Task 1-6. The contractor shall maintain and operate all equipment in accordance with applicable U.S. Department of Transportation (DOT), federal, state, host nation laws, and military regulations, including applicable regulations of the Commander, DLA Energy. Compliance with the following regulation is mandatory:

2.7.1.2 DOD 4500.9R, Defense Transportation Regulation (DTR), March 2020. Note: DOD 4500.9-R can be accessed through the following web site, www.transcom.mil. Follow the link to Defense Transportation Regulations. If you have any questions or need assistance in obtaining access to the link, contact DLA Energy-FENBA at (571) 767- 9298.

2.7.2 Government Responsibilities:

DLA Energy - Supply Planner Responsibilities: The DLA Energy - Supply Planner or the COR will perform the following duties. The contractor will be provided the name and contact information for the DLA Energy - Supply Planner Manager at time of award.

2.7.2.1 Cargo Routing. Issue cargo routing instructions to shippers.

2.7.2.2 Order Services. Order all loading and unloading services and schedule all movements.

2.7.2.3 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.

2.7.2.4 Acknowledge Receipt. Acknowledgement of receipt shall be completion of the DD-250-1, or iRAPT (WAWF) Energy Receiving Report (ERR)

2.7.2.5 Authorize Access. Arrange for an authorized representative of the contractor to have access to all facilities to load and discharge containers as necessary.

2.7.2.6 Supply Required Forms. Supply the contractor with all forms that the contractor is required to file with the Defense Logistics Agency Energy Middle East Region, or the COR.

2.7.2.7 Inspect and Accept Equipment. The Government may conduct pre-award and/or pre-service inspections of contractor equipment.

2.8 INSURANCE REQUIREMENTS:

2.8.1Cargo 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.

2.8.2 Liability, Pollution and Environmental Insurance: Contractor shall provide at its own expense, the appropriate amount of insurance as required by law.

2.8.3 Policy Notification: The contractor shall provide copies of cargo, public liability, and pollution liability insurance certificates at time of proposal and each time there is a change in coverage or policy renewal prior to and after contract award.

2.8.4 Written Notice: The contractor shall furnish a written notice to the KO, 30 days in advance of the effective date of any reduction in, or cancellation of the cargo, public liability, or pollution liability insurance policies.

3.0 CONTRACT ADMINISTRATION & PROCEDURES

3.1 TECHNICAL DIRECTION

3.1.1 Performance of the work under this contract shall be subject to the technical direction of the COR. The term "technical direction" is defined to include, without limitation:

3.1.2 Directions to the contractor which fill in details or otherwise serve to accomplish the PWS.

3.1.3 Provision of written information to the contractor which assists in the interpretation of drawings, specifications or technical portions of the work description.

3.1.4 Review and, where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the contractor to the Government under the contract.

3.1.5 Technical direction must be within the scope of work stated in the contract. All technical directions shall be issued in writing by the KO or COR. The Contractor acknowledges that the COR does not have the authority to, and may not, issue any technical direction which:

3.1.6 Constitutes an assignment of additional or extra work outside the PWS.

3.1.7 Interferes with the contractor’s right to perform the terms and conditions of the contract.

3.1.8 The contractor shall proceed promptly with the performance of technical directions duly issued by the KO or COR in the manner prescribed by this article and within the KO or COR’s authority under the provisions of this clause. If, in the opinion of the contractor, any instruction or direction aligns with the aforementioned, the contractor shall not proceed but shall notify the KO in writing immediately after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the contractor, the Contracting Officer shall:

3.1.9 Advise the contractor in writing that the technical direction is within the scope of the contract effort and does not constitute a change under the "Changes" clause of the contract.

3.1.10 Advise the contractor that the Government will issue a written change order. A failure of the contractor and Contracting Officer to agree that the technical direction is within the scope of the Contract, or a failure to agree upon the Contract action to be taken with respect thereto, shall be subject to the provisions of the clause entitled "Disputes - Alternate I" of the Task Order.

3.2 ORDER PLACEMENT

3.2.1 Frequency.

3.2.1.1 Estimated frequencies of lifts from Moron AB, Spain to Al Dhafra AB are up to 72 containers per year.

3.2.1.2 Estimated frequencies of lifts from DFSP Texas City, TX to Al Dhafra AB are up to 36 containers per year.

3.2.1.3 A weekly report will be provided each Friday that forecasts future requirements.

3.2.2 Order Process. A single task order will be generated for each period of performance year of the contract and individual Workload Assignments will be assigned by DLA Energy COR for each service being requested by the Government. Invoices that are submitted by the contractor will include the existing contract number, task order number, and Contract Line Item Number (CLIN).

3.2.2.1 DLA-Energy FENB or its written designee shall act as the sole U.S. Government representative to order tank intermodal containers under this contract.

Defense Logistics Agency – Energy 8725 John J. Kingman Road, Suite 2954 Fort Belvoir, VA 22060-2954 Telephone: (571) 767-9289

3.2.2.2 The U.S. Government shall provide notice of order for empty tanks/containers at least 10 calendar days in advance of the load date on which delivery of tanks/containers to the loading point is to be made.

3.2.3 Cancellation. If an order is cancelled at least 24 hours prior to the commencement of movement operations (including the dispatch of tanks/containers from the contractor's facilities or the loading of the tanks/containers with fuel), the U.S. Government shall not be liable for any charges. Any order cancelled within the 24 hour period for which the contractor has already commenced movement operations (including the dispatch of tanks/containers from the contractor's facilities or the loading of the tanks/containers with fuel), the contractor is entitled to a cancellation fee.

3.3 TASK ORDER: A single task order will be generated for the total quantity of requirements for the current period of performance at the beginning of that period of performance of the contract for the line items listed in section 1.1. The Contractor will submit an invoice for the Workload Assignments against the Task Order and the total value of the Workload Assignments in aggregate shall not exceed the total value of the Task Order for each line item for that performance period of the contract.

3.4 COMMUNICATIONS: The Contractor will contact the Contracting Officer Representative (COR) in regards to Work Load Assignments or potential work to be performed that is not covered in the terms of the contract. If there is a question/clarification or interpretation of terms stated in the contract or in requirements/wording within the PWS, the Contractor is required to contact the Contract Specialists and the Contracting Officer administering the contract. For any proposed changes in contract terms or modifications to the contract, the Contractor is required to contact the Contract Specialist and the Contracting Officer administering the contract. As the only individual authorized by Congress to bind the U.S. Government in contractual obligation, the Contracting Officer is the final decision authority for all proposed changes, modifications, interpretations of the contract terms, PWS, and requested work to be performed unless specific duties have been delegated to other positions (i.e. placement of orders by the Supply Planner or COR with the Contractor for work that is within the terms and scope of the contract).

3.5 VISITS: Government personnel, including but not limited to the COR, QAR, and Government Representative may make announced periodic visits to the contractor's facilities to observe daily operations.

Announced visits will follow a 1-day prior notice to the contractor. During these visits, the contractor shall provide knowledgeable personnel to tour and inspect the areas. The KO and/or his representative will make periodic inspections.

3.6 GOVERNMENT POINTS OF CONTACT: The following individuals serve as the points of contact for the duration of the contract:

Contracting Officer Representative (COR) Levon Brown Defense Logistics Agency Energy –FENB 8725 John J. Kingman Road, Room 2954 Ft. Belvoir, VA 22060-6222 Telephone: (571)767-9276 Levon.Brown@dla.mil

Primary Point of Contact:

Heather M. Thomas Bulk Petroleum Products Business Unit (FEBE) DLA Energy Heather.M.Thomas@dla.mil mailto:Levon.Brown@dla.mil mailto:Heather.M.Thomas@dla.mil

Phone: 571-767-9124

Contracting Officer (KO):

Heather M. Thomas Bulk Petroleum Products Business Unit (FEBE) DLA Energy Heather.M.Thomas@dla.mil Phone: 571-767-9124

4.0 QUALITY ASSURANCE

4.1 QUALITY ASSURANCE REPRESENTATIVE. DLA Energy -Middle East shall act as the U.S.

representative in United Arab Emirates. DLA Energy -Middle East may designate other agencies to perform quality surveillance and receipt duties at destination.

DLA Energy Middle East Quality PSC 851 Box 180, FPO AE 09834 Telephone: +973-1785-6493 DESC-ME.Quality@dla.mil

4.2 QUALITY REQUIREMENTS. The contractor shall be responsible for the quality of product after loading and while in the contractor’s possession in accordance with the associated specification. U.S. Government representatives may conduct inspections of tanks/containers 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.