SPE603-21-R-0511 RFP.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0090169617

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE603-21-R-0511

5. SOLICITATION NUMBER

2021 SEP 22

6. SOLICITATION ISSUE

DATE

SHERLYNE THOMAS PARAB31

a. NAME

Phone: 804-279-5102

b. TELEPHONE NUMBER (No Collect calls)

2021 NOV 08

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE603

DLA ENERGY

BULK PETROLEUM SERVICES

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

493190NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 3 OF 142 PAGES

SPE603-21-R-0511

The statements, clauses and provisions found on pages 4-8 were generated due to EBS system constraints, but are not applicable to this solicitation. The attachments, as listed on pages 8 are applicable to this solicitation and included in this solicitation package.

Due to the broad area of consideration for this solicitation (State of North Carolina), Offerors shall ensure compliance with the applicable Wage Determination, which will be based on the location of any proposed facility for required services under this solicitation. For a listing of applicable Wage Determinations, please visit the following website: https://sam.gov/content/wage-determinations

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SPE603-21-R-0511

SECTION A - SOLICITATION/CONTRACT FORM

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE

WEB AT:

http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-

ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

SECTION I - CONTRACT CLAUSES

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (OCT 2016) DFARS

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) DFARS

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY

THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) DFARS

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020) FAR

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) FAR

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN

SMALL BUSINESS CONCERNS (SEP 2004) DFARS

52.232-17 INTEREST (MAY 2014) FAR

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) DFARS

52.242-13 BANKRUPTCY (JUL 1995) FAR

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

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 142 PAGES

SPE603-21-R-0511

SECTION I - CONTRACT CLAUSES (CONTINUED)

the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official's Name)

(Title)

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including

(1) Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and

(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.

(d) The certification requirement in paragraph (b) of this clause does not apply to

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

(2) Final adjustments under an incentive provision of the contract.

(End of clause)

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES - REPRESENTATION (DEC 2019) DFARS

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

(JAN 2021) DFARS

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (OCT 2020) FAR

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services --Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it “does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services” in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to --

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the

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SPE603-21-R-0511

SECTION I - CONTRACT CLAUSES (CONTINUED)

head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to --

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that --

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that -- It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment --

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services --

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment --

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services --

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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SPE603-21-R-0511

SECTION I - CONTRACT CLAUSES (CONTINUED)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020) FAR

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

SECTION J - LIST OF ATTACHMENTS

List of Attachments

Description File Name

ATTACH_SPE603_21_R_

0511_Attachment_I_PWS

TAB 9 - RF

ATTACH_SPE603_21_R_

0511_Attachment_II_PPF

TAB 9 - RF

ATTACH_SPE603_21_R_

0511_Attachment_III_DLA

_Energy_QAP_s

TAB 9 - RF

ATTACH_SPE603_21_R_

0511_Attachment_IV_Cons ent_Form

TAB 9 - RF

ATTACH_SPE603_21_R_

0511_Attachment_V_PPQ

TAB 9 - RF

ATTACH_SPE603_21_R_

0511_Attachment_VI_PPR

L

TAB 9 - RF

ATTACH_SPE603_21_R_

0511_Attachment_VII_Sub contracting_Plan

TAB 9 - RF

ATTACH_SPE603_21_R_

0511_RFP_Attachment

TAB 9 - RF

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) FAR

(a) Definitions. As used in this provision - “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means -

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

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SPE603-21-R-0511

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS (CONTINUED)

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in -

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) DFARS

52.233-2 SERVICE OF PROTEST (SEP 2006) FAR

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from . [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.]

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Clause)

SOLICITATION SPE603-21-R-0511

COCO Storage, State of North Carolina

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

NOTE: See FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JULY 2021) and FAR 52.212-2 – EVALUATION – COMMERCIAL ITEMS (OCT 2014) for complete instructions on how to submit a proposal.

Contents

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS 13

B-0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) 13

SECTION C - SPECIFICATIONS/SOW/SOO/PWS 17

C-0001-C19.01 SECURITY AND FIRE PROTECTION (DLA ENERGY AUG 1988) 17

C-0002-C19.04 REMOVAL OF WATER BOTTOMS (DLA ENERGY FEB 1998) 18

SECTION E – INSPECTION AND ACCEPTANCE 18

DLA ENERGY QUALITY ASSURANCE PROVISIONS (QAPS) 18

SECTION F – DELIVERIES OR PERFORMANCE 18

F-0001-F1.04 GENERAL RECEIVING AND STORING CONDITIONS (DLA ENERGY DEC 2017) 18

F-0002-F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997) 21

F-0003-F1.11 DLA INTERNET BID BOARDS SYSTEM (DIBBS) (DLA ENERGY APR 2014) 25

F-0004-F1.14 DETERMINATION OF QUANTITY (STORAGE) (DLA ENERGY NOV 1997) 27

F-0005-F45.01 OPERATION OF CONDUCTIVITY ADDITIVE SYSTEM (DLA ENERGY JAN 2014) 28

F-0006-F45.03 OPERATION OF FUEL SYSTEM ICING INHIBITOR ADDITIVE SYSTEM CONTRACTOR-

OWNER CONTRACTOR-OPERATED (COCO) (DLA ENERGY JAN 2014) 29

F-0007-F45.04 OPERATION OF CORROSION INHIBITOR/LUBRICITY IMPROVER ADDITIVE SYSTEM, CONTRACTOR-OWNED CONTRACTOR-OPERATED (COCO) (DLA ENERGY JAN 2014) 30

F-0008 F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE) (DLA ENERGY DEC 1991)

SECTION G – CONTRACT ADMINISTRATION DATA 32

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(DEC 2018) 32

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) 34

G-0001-G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 37

G-0002-G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA ENERGY MAY 2009) 37

G-0003-G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA ENERGY JUL 1997) 37

TAX EXEMPT NUMBER 38

SECTION H – SPECIAL CONTRACT REQUIREMENTS 38

H-0001 H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992) 38

H-0002 H11 GUARD SERVICE (DLA ENERGY MAR 1982) 38

H-0003 - H19 REPORTING AND CONTAINING OIL SPILLS (DOMESTIC STORAGE) (DLA ENERGY JAN 2012) 39

PROCUREMENT NOTE H14 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (NOV 2020) 39

WAGE DETERMINATION 43

SECTION I – CONTRACT CLAUSES 43

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018) 43

ADDENDUM 1 TO 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS - 52.243-1

CHANGES -- FIXED PRICE (AUG 1987) ALT I (APR 1984) 49

ADDENDUM 2 TO 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS - 52.215-8

ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997) 51

FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2021) 51

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 60

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 60

FAR 52.227-1 AUTHORIZATION AND CONSENT (JUN 2020) 60

FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 61

FAR 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) 62

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 62

DFARS 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) 63

DFARS 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020) 63

DFARS 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) – BASIC (DEC 2019) 67

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (FEB 2019) 68

DLAD 52.233-9001 DISPUTES-AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2020) 71

I-0001-I1.01-4 DEFINITIONS (CONT’D) (STORAGE) (DLA ENERGY JUNE 2009) 72

I-0002-I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA

ENERGY FEB 1996) 74

I-0003-I102.02 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT – PAYROLL TAX

ADJUSTMENT (DLA ENERGY JAN 2012) 74

I-0004-I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DLA ENERGY JAN 2012) 75

I-0005- I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DLA ENERGY AUG 2017)

I-0006-I147 DEMURAGE (DLA ENERGY NOV 1989) 82

I-0007-I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN 2012) 82

I-0008 I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) IMPLEMENTATION (SEP 2009) 82

SECTION J – LIST OF ATTACHMENTS 83

ATTACHMENT I – PERFORMANCE WORK STATEMENT 83

ATTACHMENT II – PRICE PROPOSAL FORM 83

ATTACHMENT III - DLA ENERGY QUALITY ASSURANCE PROVISIONS (QAPS) 83

ATTACHMENT IV – PAST PERFORMANCE INFORMATION DISCLOSURE CONSENT FORM 83

ATTACHMENT V – PAST PERFORMANCE QUESTIONNAIRE 83

ATTACHMENT VI – PAST PERFORMANCE REFERENCE LIST 83

ATTACHMENT VII – SMALL BUSINESS SUBCONTRACTING PLAN 83

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS 83

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 84

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007) 84

FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITITES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS – REPRESENTATION (JAN 2017) 85

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) 86

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020) 87

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) 88

FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS –

REPRESENTATION (NOV 2015) 91

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) 91

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 94

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OF A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 95

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (FEB 2021)

ALTERNATE I (OCT 2014) 96

FAR 52.219-1 – SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2020) ALTERNATE I (SEPT 2015) 118

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(NOV 2011) 121

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016) 121

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (DEC 2019) 122

DFARS 252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020) 123

DFARS 252.225-7050 DISCLOSURE OF OWNWERSHIP OR CONTROL BY THE GOVERNMENT OF A

COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (DEC 2018) 125

DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO

REGIME (DEVIATION 2020-O0005) (FEB 2020) 127

DFARS 252.239-7098 PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER

NETWORK UNLESS SUCH NETWORK IS DESIGNED TO BLOCK ACCESS TO CERTAIN WEBSITE –

REPRESENTATION (DEVIATION 2021-O0003) (APRIL 2021) 128

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 128

FAR 52.212-1 INSTRUCTIONS TO OFFERORS –COMMERCIAL ITEMS (JULY 2021), 128

ADDENDUM TO FAR 52.212-1 128

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 131

FAR 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) 131

FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (OCT 2020)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 132

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 132

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020) 133

PROCUREMENT NOTE L06 PROTEST TO THE AGENCY (DEC 2016) 133

L-0001-L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 133

L-0002-L82 WAGE DETERMINATION (DLA ENERGY FEB 2009) 134

L-0003 - L116.01 DATA REQUIREMENTS (STORAGE) (DLA ENERGY JAN 2013) 134

TEAMING ARRANGEMENTS 135

SECTION M – EVALUATION FACTORS FOR AWARD 135

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014). 135

M-0001-M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 142

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B-0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB

1991)

See Section M, FAR 52.212-2, Evaluation of Factors for Award, Price Factor 3 for evaluation methodology concerning all price proposals. Reference Attachment II for price proposal form.

The services to be furnished during the period specified herein and the unit prices are as follows:

BASE PERIOD

CONTRACT LINE ITEM 0001 – CONTINENTAL UNITED STATES (CONUS)

CONTRACTOR-OWNED, CONTRACTOR-OPERATED (COCO) STORAGE SERVICES,

V20000403: (FIRM FIXED PRICE)

The Contractor shall provide (CONUS) (COCO) bulk fuel service capabilities in accordance with (IAW) the Performance Work Statement (PWS) (Section C)) and all other terms and conditions set forth herein, during the base period of May 1, 2022 – April 30, 2026 (four (4) years). All costs associated with performing required services, including any startup costs, shall be included in the total price of CLIN 0001.

AREA(S) OF CONSIDERATION: State of North Carolina

LINE ITEM 0001:

TANK NO. PRODUCT

TYPE

SHELL

CAPACITY

(BARRELS)

FILL

CAPACITY

(BARRELS)

CONUS COCO

STORAGE

SERVICES

(MONTHLY

USE COCO

CHARGE)1

ANNUAL

STORAGE USE

CHARGE

TOTAL PRICE (4

YEARS)

JP-5 Subtotal $ $ $

1Includes initial & final shipment price. In the event of a partial month, the monthly price will be prorated.

Jet-A Subtotal $ $ $

Dedicated Line Fill JP-5 $ $ $ Dedicated Line Fill Jet-A $ $ $

Dedicated Line Fill Subtotal $ $ $

TOTALS $ $ $

IAW PWS, a storage (fill) capacity of 418,000 barrels (230,000 BBLS Jet-A, 188,000 BBLS JP-

5) is required. Monthly and Annual Storage Charges shall be based on this quantity.

Additionally, Monthly Usage prices when multiplied by 12 months should equate to the Annual Storage Usage Charge as stated in the above chart. All dedicated line fill (if applicable) should be captured on a separate line above notated as “Dedicated Line Fill.” The Government shall have the right to utilize the total Fill Capacity of above identified tanks at no increase to the offered storage charges.

DLA Energy Quality Assurance Provision (QAP) E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY FEB 2017), tanks required to be cleaned/inspected at the contractor’s expense shall be removed from/returned to revenue at a prorated amount. Prorated daily reductions/additions to line item 0001 (CONUS COCO Storage Services) for utilization during the month in which the tank is removed from/returned to revenue for cleaning/inspection for each tank offered should be annotated in the chart below:

Tank # Monthly CONUS

COCO Storage Service Price

Annual Storage Use Charge

Daily Reduction/Addition Per Tank When Removed

From/Returned To Revenue

IAW E18

For each full calendar month a tank is out of service and removed from revenue, line item 0001 shall reflect a reduction to $0.00 for the subject tank. If alternate tankage was not offered under E18 and will not be utilized when cleaning/inspection occurs, the rates in the above chart will be utilized when subject tank is out of service. Rates above shall be determined for each tank offered under line item 0001 by utilizing the following formula:

Monthly CONUS COCO Storage Service Price * 12 Months = Daily Reduction/Addition 365 Days

If alternate tankage is offered IAW QAP E18, include shell/fill capacities in the offer. QAP

E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS

(DLA ENERGY FEB 2017) is not an evaluated price factor.

OPTION 1

LINE ITEM 0002: CONUS COCO Storage Services, V20000403: (FIRM-FIXED PRICE)

The Contractor shall provide CONUS COCO bulk fuel service capabilities in accordance with the PWS (Section C), and all other terms and conditions set forth herein, during the option period of May 1, 2026 – April 30, 2031 (five (5) years).

AREA(S) OF CONSIDERATION: State of North Carolina

LINE ITEM 0002:

TANK NO. PRODUCT

TYPE

SHELL

CAPACITY

(BARRELS)

FILL

CAPACITY

(BARRELS)

CONUS COCO

STORAGE

SERVICES

(MONTHLY

USE COCO

CHARGE)2

ANNUAL

STORAGE USE

CHARGE

TOTAL PRICE (5

YEARS)

JP-5 Subtotal $ $ $

2Includes initial & final shipment price. In the event of a part month, the monthly price will be prorated.

Jet-A Subtotal $ $ $

Dedicated Line Fill JP-5 $ $ $ Dedicated Line Fill Jet-A $ $ $

Dedicated Line Fill Subtotal $ $ $

TOTALS $ $ $

IAW PWS, a storage (fill) capacity of 418,000 barrels (230,000 BBLS Jet-A, 188,000 BBLS JP-

5) is required. Monthly and Annual Storage Charges shall be based on this quantity.

Additionally, Monthly Usage prices when multiplied by 12 months should equate to the Annual Storage Usage Charge as stated in the above chart. All dedicated line fill (if applicable) should be captured on a separate line above notated as “Dedicated Line Fill.” The Government shall have the right to utilize the total Fill Capacity of above identified tanks at no increase to the offered storage charges.

DLA Energy Quality Assurance Provision (QAP) E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY FEB 2017), tanks required to be cleaned/inspected at the contractor’s expense shall be removed from/returned to revenue at a prorated amount. Prorated daily reductions/additions to line item 0002 (CONUS COCO Storage Services) for utilization during the month in which the tank is removed from/returned to revenue for cleaning/inspection for each tank offered should be annotated in the chart below:

Tank # Monthly CONUS

COCO Storage Service Price

Annual Storage Use Charge

Daily Reduction/Addition Per Tank When Removed

From/Returned To Revenue

IAW E18

NOTE: For each full calendar month a tank is out of service and removed from revenue, line item 0002 shall reflect a reduction to $0.00 for the subject tank. If alternate tankage was not offered under E18 and will not be utilized when cleaning/inspection occurs, the rates in the above chart will be utilized when subject tank is out of service. Rates above shall be determined for each tank offered under line item 0002 by utilizing the following formula:

Monthly CONUS COCO Storage Service Price * 12 Months = Daily Reduction/Addition 365 Days

If alternate tankage is offered IAW QAP E18, include shell/fill capacities in the offer. QAP

E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS

(DLA ENERGY FEB 2017) is not an evaluated price factor.

SECTION C - SPECIFICATIONS/SOW/SOO/PWS

The Performance Work Statement (PWS) is incorporated by reference as if fully set forth herein.

Refer to Attachment I.

C-0001-C19.01 SECURITY AND FIRE PROTECTION (DLA ENERGY AUG 1988)

(a) The entire facility shall be enclosed by a fence suitable to deter unauthorized access. The fence shall be fitted with gates that may be padlocked when not in use.

(b) A method of visitor and entrance control will be in effect. A visitor register shall be maintained.

(c) An internal, self-powered communication system linking all critical points of the facility, capable of serving both as an alarm system and for conduct of terminal operation, will be in use.

(d) A water supply and firefighting equipment conforming to National Fire Protection Association and American Petroleum Institute standards will be maintained. At locations outside the United States, other standards may be used with prior approval of the Contracting Officer.

(e) In the event of an emergency at a CONUS COCO terminal, the Contractor shall seek the assistance of the following as appropriate: local ambulance service; local fire department; local, county, and State police; regional office of the Federal Bureau of Investigation; Secret Service;

U.S. Marshal's Service; and the Federal Emergency Management Agency.

C-0002-C19.04 REMOVAL OF WATER BOTTOMS (DLA ENERGY FEB 1998)

Storage tanks for DLA Energy use shall be equipped with positive water sumps for removal of all water bottoms. All storage tanks shall be drained of water a minimum of once each week and whenever storage tank gauging indicates water is present. (Weekly water drainage is necessary because the datum plate may not necessarily be the low point in the storage tank. Water could possibly accumulate below the datum plate and not show up in the gauging process.)

Additionally, all storage tanks shall be drained of water prior to any transfer of fuel and after a minimum of 4 hours or maximum of 24 hours settling time following each product receipt.

Storage tanks equipped with floating roofs shall be gauged for water after each rain and drained if water is found present. Product and water levels shall be gauged before and after the draining of water. Water gauges of each storage tank shall be taken and recorded each time it is gauged for product. (Each storage tank shall be equipped with a fuel/water separation system for collection of all product or water dispensed from its bottom water drain(s). This system shall have the capability to return separated product back into the same storage tank.)

SECTION E – INSPECTION AND ACCEPTANCE

DLA ENERGY QUALITY ASSURANCE PROVISIONS (QAPS)

The Quality Assurance Provisions pertaining to the inspection of services, inspection offices, and nonconforming supplies and services, in Attachment IV of this solicitation and incorporated.

SECTION F – DELIVERIES OR PERFORMANCE

F-0001-F1.04 GENERAL RECEIVING AND STORING CONDITIONS (DLA ENERGY

DEC 2017)

(a) Notice will be furnished to the Contractor of upcoming product receipts. The notice will include the method of receipt, the source, grade, or type of product, and any special instructions.

(b) The Contractor shall transfer and store each grade of product in a manner that preserves the quality of the product and will prevent contamination. The responsibility for preventing contamination rests with the Contractor.

(c) When requested, the Contractor will transfer product between tanks to consolidate like types or grades.

(d) Whenever a product is to be removed from a tank to accomplish cleaning or repair of the tank, or to change product, or to effect the release of the tank to the Contractor, the Contractor shall strip such tank to preclude loss of recoverable fuel. The Contractor shall provide the Quality Assurance Representative (QAR) with information pertaining to the amount of fuel deemed unrecoverable, the reason why the fuel cannot be recovered, and an analysis of the unrecovered fuel quality. All unrecoverable tank bottoms/line fill quantities will be reported to the Property Administrator for disposition instructions. Contaminated/off-specification product will be reported to the QAR in order to obtain disposition instructions. Tanks out of service for repair shall be removed from revenue until such time as they are returned to Government

Service. Tanks out of service for cleaning shall be governed by the INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS contract provision.

(e) Custody of product received by pipeline, and risk of loss thereof, shall pass from the carrier to the Contractor when the product passes the flange connecting the carrier's pipeline and the Contractor's pipeline.

(f) Custody of product received by transport truck, and risk of loss thereof, shall pass from the carrier to the Contractor when the product passes from the transport truck discharge hoses into the Contractor's receiving facilities.

(g) Custody of product received by tank car, and risk of loss thereof, shall pass from the carrier to the Contractor when the tank car comes to rest on the Contractor's siding.

(h) Custody of product received from tanker or barge, and risk of loss thereof, shall pass from the carrier to the Contractor when the fuel passes the vessel’s permanent hose connection.

(i) The Contractor shall be held accountable for demurrage charges arising from delay(s) in receipt by tank cars or transport trucks, except when the delay(s) are caused by reason beyond the control and without the fault or negligence of the Contractor and its subcontractors.

(j) The Contractor will prepare and process the following certificate on bond paper when it is necessary to upgrade or downgrade a product:

I certify that ______________ gallons of _____________________ have been upgraded/downgraded (quantity) (product) from ___________________ to ____________________. This action was required because (product) (product)

(enter reason for the action)

Signature of Contractor Representative

[ ] I concur with the Contractor’s certification.

[ ] I do not concur with the Contractor’s certification for the following reasons:

Signature of Quality Representative

(A receipt transaction will be reflected on the monthly stock report for the gain in product, with a shipment being reflected for the losing product.)

(k) The following subparagraphs apply only to barges and tankers.

(1) SCHEDULED ARRIVAL DATE AND BASIC ALLOWED LAY TIME.

(i) The Contractor shall be notified in advance of the scheduled arrival date. Each notice will specify the quantity to be delivered, the cargo number, the name of the vessel, and the scheduled arrival date. For tankers, the notice will also include the size of the vessel and the expected time of arrival. For tankers, the notice of delivery will be furnished at least 72 hours in advance of the scheduled arrival date; for barges, at least 48 hours in advance of the scheduled arrival date. The Government will provide the maximum notice practicable when the anticipated vessel transit time from the loading point is less than the 72/48 hours. Changes in the scheduled arrival date that will provide less than the 48 hours’ notice for barges and the 72 hours’ notice for tankers will require the verbal approval of the Contractor. This verbal approval is to be confirmed in writing as soon as practicable.

(ii) The Contractor shall provide a reachable berth, free of charge, where the vessel can be safely moored and afloat with necessary access thereto as soon as possible, but no later than, for barges, within 3 hours after issue of notice of readiness to unload, and, for tankers, within 6 hours after issue of notice of readiness, PROVIDED --

(A) If the vessel is tendered for unloading on a date earlier than the last agreed scheduled arrival date, the Government’s vessel shall be unloaded as soon as possible in its proper turn with other vessels, and lay time shall not commence until the vessel moors alongside or, for barges, 3:00 A.M. local time; for tankers, 6:00 A.M. local time, on the last agreed scheduled arrival date, whichever occurs first.

(B) If the vessel is tendered for unloading later than 12:00 noon of the day following the last scheduled arrival date, the vessel shall be unloaded in its proper turn with other vessels. Lay time shall commence when the vessel moors alongside, provided a good faith effort is made by the Contractor to moor the vessel in its turn with other vessels as loading berths become available.

(iii) Lay time shall commence either (A) at the expiration of the notice period prescribed in subparagraph (ii) above, berth or no berth, or (B) immediately when the vessel moors alongside, with or without notice of readiness, whichever occurs first.

(iv) Lay time, once started, shall continue 24 hours per day, 7 days per week, without interruption, from its commencement until unloading of the barge or tanker is completed and hoses have been disconnected.

(v) Unless otherwise provided in the Schedule, the Contractor shall be allowed and will complete unloading within lay time determined as follows:

(A) FOR BARGES: One hour for each 2,000 barrels of product to be unloaded.

(B) FOR TANKERS: Thirty-six hours of discharge of a full vessel cargo.

When partial vessel cargoes are to be unloaded, the 36 hours will be prorated based on quantities discharged in each port.

(vi) Hoses and loading arms for unloading a barge or tanker will be furnished, connected, and disconnected by the Contractor.

(2) INCREASES TO BASIC ALLOWED LAY TIME.

(i) If, after lay time commences, the conditions or facilities of the barge or tanker to be unloaded do not permit unloading, basic allowed lay time shall be increased by the duration of the delay.

(ii) If the vessel is delayed in reaching its berth and the delay is caused by the fault of the vessel, basic allowed lay time shall be increased by the duration of the delay.

(iii) If the vessel owner’s or operator’s regulations prohibit unloading at any time after lay time has commenced, the lost time shall be added to the basic allowed lay time.

(iv) If, for any reason, the Contractor is delayed in unloading the barge or tanker because of actions of a Government representative, acting under the contract, that arise through no fault or negligence on the part of the Contractor or its subcontractors, basic allowed lay time shall be increased by the duration of the delay.

(v) There will be no increase to basic allowed lay time (nor other reductions to any resulting demurrage time) for saved lay time arising out of other loadings/discharges.

(vi) Delays, after commencement of lay time, attributed to causes beyond the control and without the fault or negligence of the Contractor or the U.S. Government will result in increasing the basic allowed lay time by one half of the delay time.

(3) PAYMENT OF DEMURRAGE. For all hours of lay time which elapse in excess of the basic allowed lay time for unloading provided for by subparagraph (k)(1)(v), or as otherwise provided in the Schedule, the Contractor shall pay demurrage to the Government as follows:

(i) USS, USNS, OR TIME CHARTERED VESSELS. At the demurrage rate for the vessel loaded computed to the nearest whole hour as published by the Military Sealift Command and in effect on the date the loading of the vessel is completed.

(ii) VOYAGE CHARTERED VESSELS. At the demurrage rate cited in the charter, except that the demurrage payable by the Contractor shall in no event exceed the demurrage expense incurred by the Government under the Charter.

F-0002-F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997)

(a) The Contractor will prepare the inspection and shipment documents covering deliveries made from the terminal in accordance with instructions contained in the Documentation and Product Property Control Plan. Normally, the document will consist of DD Form 250 for tank car, tank truck, pipeline, and packaged shipments, and DD Form 250-1 and ullage/innage reports in the case of barge and tanker shipments. The Contractor will distribute the DD Forms 250 and the Quality Representative (QR) will distribute the DD Forms 250-1. When the QR is not present for release or shipment of product inspected at these facilities, and the Contractor's quality control program has been approved by the responsible Government Quality Office in accordance with paragraph 246.471 of the DOD FAR Supplement, the Contractor will insert the following certification on the inspector's copy of the shipping documents:

"I certify that the above supplies were (a) in the quantity indicated, (b) taken from Government-owned and approved stocks and (c) loaded into inspected and approved containers.