SPE603-26-R-0517_RFP - USAG-HI_Hybrid COCO-GOCO.pdf

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SOLICITATION SPE603-26-R-0517

U.S Army Garrison, Hawaii (USAG-HI)

Schofield Barracks and Wheeler Army Airfield (AAF)

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

PRICE PROPOSAL FORM Attach

VIII

SECTION C - SPECIFICATIONS/STATEMENT OF WORK

THE PERFORMANCE WORK STATEMENT IS HEREBY INCORPORATED BY REFERENCE (IBR)

AS IF FULLY SET FORTH HEREIN. SEE ATTACHMENT I

PERFORMANCE WORK STATEMEMENT Attach I Supplement SECURITY AND FIRE PROTECTION 9 Supplement REMOVAL OF WATER BOTTOMS 9 Supplement SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) 9 Supplement RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS 10 Supplement INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD 11

SECTION E - INSPECTION AND ACCEPTANCE

THE QUALITY ASSURANCE PROVISIONS (QAP) LISTED IN THIS SECTION ARE HEREBY

INCORPORATED IN FULL TEXT UNDER ATTACHMENT VV OF THIS SOLICITATION

FAR 52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996) 17

DLA ENERGY QUALITY ASSURANCE PROVISIONS – SCHOFIELD

BARRACKS

Attach

II

DLA ENERGY QUALITY ASSURANCE PROVISIONS – WHEELER ARMY

AIRFIELD

Attach

II

SECTION F- DELIVERIES OR PERFORMANCE

FAR 52.242-15 STOP-WORK ORDER (AUG 1989) 18

Supplement GENERAL RECEIVING AND STORING CONDITIONS 19 Supplement GENERAL SHIPPING CONDITIONS 22 Supplement DETERMINATION OF QUANTITY 25

SECTION G - CONTRACT ADMINISTRATION DATA

DFARS

252.232-7003

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DEC 2018)

DFARS

252.232-7006

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) 29

SECTION H - SPECIAL CONTRACT REQUIREMENTS

Supplement GUARD SERVICE 31 Supplement REPORTING AND CONTAINING OIL SPILLS (DOMESTIC STORAGE) 32 Procurement Note

CONTRACTOR PERSONNEL SECURITY REQUIREMENTS 32

SECTION I - CONTRACT CLAUSES

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021) 36

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (DEC 2023)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

FAR 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

Addendum 1 to

FAR 52.212-4

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

REFERENCES FAR 52.243-1 CHANGES-FIXED PRICE (AUG 1987)

ALTERNATE I (APR 1984)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION 2025-O0003)

(DEVIATION 2025-O0004)

FAR 52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT (OCT 1997) 60

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 61

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 61

FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2025) 61

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022) 64

FAR 52.222-3 CONVICT LABOR (JUN 2013) 66

FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

FAR 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018) 68

FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) 75

FAR 52.223-10 WASTE REDUCTION PROGRAM (MAR 2025) (DEVIATION 2025-O0004) 75

FAR 52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997) 76

FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 76

FAR 52.232-1 PAYMENTS (APR 1984) 77

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 78

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

FAR 52.237-3 CONTINUITY OF SERVICES (JAN 1991) 79

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 80

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) 80

DFARS

252.201-7000

CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) 81

DFARS

252.203-7000

REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011)

DFARS

252.203-7002

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(DEC 2022)

DFARS

252.203-7003

AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) 82

DFARS

252.204-7000

DISCLOSURE OF INFORMATION (OCT 2016) 82

DFARS

252.204-7003

CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 83

DFARS

252.204-7004

ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN

2023)

DFARS LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY 84

252.204-7009 CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (JAN 2023)

DFARS

252.204-7012

SAFEGUARDING COVERED DEFENSE INFRMATION AND CYBER

INCIDENT REPORTING (MAY 2024) (DEVIATION 2024-O0013)

DFARS

252.204-7014

LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY

LITIGATION SUPPORT CONTRACTORS. (JAN 2023)

DFARS

252.204-7015

NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT (JAN 2023)

DFARS

252.204-7018

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)

DFARS

252.204-7020

NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023) 95

DFARS

252.204-7021

CYBERSECURITY MATURITY MODEL CERTIFICATION REQUIREMENTS

(JAN 2023)

DFARS

252.204-7023

REPORTING REQUIREMENTS FOR CONTRACTED SERVICES—BASIC

(JUL 2021)

DFARS

252.205-7000

PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS (JUN 2023)

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

252.215-7016

NOTIFICATION TO OFFERORS—POSTAWARD DEBRIEFINGS (DEC 2022) 101

DFARS

252.219-7000

ADVANCING SMALL BUSINESS GROWTH (JUN 2023) 102

DFARS

252.219-7003

SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) BASIC

(DEC 2019)

DFARS

252.223-7006

PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR

HAZARDOUS MATERIALS—BASIC (SEP 2014)

DFARS

252.225-7012

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) 104

DFARS

252.225-7048

EXPORT CONTROLLED ITEMS (JUNE 2013) 108

DFARS

252.225-7056

PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO

REGIME (JAN 2023)

DFARS

252.225-7967

PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS

OPERATIONS (DEVIATION 2024-O0006, Revision 1) (FEB 2024)

DFARS

252.226-7001

UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

(JAN 2023)

DFARS

252.232-7003

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DEC 2018)

DFARS

252.232-7010

LEVIES ON CONTRACT PAYMENTS (DEC 2006) 116

DFARS

252.237-7010

PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR

PERSONNEL (JAN 2023)

DFARS

252.239-7001

INFORMATION ASSURANCE CONTRACTOR TRAINING AND

CERTIFICATION (JAN 2008)

DFARS PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 117

252.243-7001

DFARS

252.243-7002

REQUEST FOR EQUITABLE ADJUSTMENT (DEC 2022) 117

DFARS

252.244-7000

SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL

SERVICES (NOV 2023)

DFARS

252.246-7004

SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR

MILITARY OPERATIONS (OCT 2010)

DFARS

252.247-7023

TRANSPORATION OF SUPPLIES BY SEA (OCT 2024) 120

DLAD

5452.233-9001

DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (JUN 2020)

SECTION J – ATTACHMENTS

PERFORMANCE WORK STATEMENT (PWS) Attach I DLA ENERGY QUALITY ASSURANCE PROVISIONS (E-QAPS) Attach

II

PAST PERFORMANCE INFORMATION DISCLOSURE CONSENT FORM Attach

III

PAST PERFORMANCE QUESTIONNAIRE Attach

IV

PAST PERFORMANCE REFERENCE LIST Attach

V DEPARTMENT OF LABOR WAGE DETERMINATION Attach

VI

DRAFT EASEMENT Attach

VII

PRICE PROPOSAL FORM Attach

VIII

SMALL BUSINESS SUBCONTRACTING PLAN Attach

IX

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 124

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2024)

FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS – REPRESENTATION (JAN 2017)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(AUG 2020)

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020) 127

FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) 128

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (OCT 2020)

FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS – REPRESENTATION (NOV 2015)

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) 132

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 134

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

(FEB 2016)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (ALTERNATE I) (DEVIATION

2025-O0003) (DEVIATION 2025-O0004) (OCT 2025)

FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS ALTERNATE I (FEB

2024) (DEVIATION 2024-O0002)

FAR 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN –

REPRESENTATION AND CERTIFICATIONS (JUN 2020)

DFARS

252.203-7005

REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2022)

DFARS

252.204-7008

COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016)

DFARS

252.204-7016

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES—REPRESENTATION (DEC 2019)

DFARS

252.204-7017

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (MAY 2021)

DFARS

252.225-7055

REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE

MADURO REGIME (MAY 2022)

DFARS

252.225-7966

PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS

OPERATIONS (DEVIATION 2024-O0006, REVISION 1) (MAR 2024)

Supplement AUTHORIZED NEGOTIATORS 166

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 166

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

2020)

FAR 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

INSTRUCTIONS TO OFFERORS COMMERICAL PRODUCTS AND

SERVICES (SEP 2023)

Addendum TO

FAR 52.212-1

ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERORS –

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) 172

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) 172

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 172

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 172

FAR 52.237-1 SITE VISIT (APR 1984) 172

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 172

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020) 173

DFARS

252.204-7019

NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV

2023)

DFARS

252.215-7008

ONLY ONE OFFER (DEC 2022) 175

DFARS NOTIFICATION TO OFFERORS – POST AWARD DEBRIEFINGS (DEC 2022) 176

252.215-7016 Supplement DATA REQUIREMENTS (STORAGE) 177 Supplement WAGE DETERMINATION 178 Supplement PREPROPOSAL CONFERENCE (SERVICES) 178

SECTION M – EVALUATION FACTORS FOR AWARD

FAR 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

Supplement EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) 184

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

Reference Attachment VIII for price proposal form.

SECTION C - SPECIFICATIONS/STATEMENT OF WORK

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

SUPPLEMENT: SECURITY AND FIRE PROTECTION

(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 fire fighting 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.

SUPPLEMENT: REMOVAL OF WATER BOTTOMS

Storage tanks for DLA Energy use shall be equipped with positive water pumps 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.)

SUPPLEMENT: SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE)

(a) SAMPLING. The samples identified in the solicitation attachment entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. The Contractor must provide these samples using qualified personnel, facilities, and equipment on-site and shall include all associated costs in the monthly service charge. These on-site resources may be provided by Contractor personnel or by a commercial source acting on behalf of the Contractor. The Quality Representative will not be responsible for taking any samples for the Contractor. All samples must be taken in accordance with ASTM D 4057, Standard Practice for Manual Sampling of Petroleum and Petroleum Products (API Manual of Petroleum Measurement Standards (MPMS), Chapter 8.1).

(b) TESTING. The tests identified in this solicitation attachment entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. Those tests identified in the attachment which are part of a higher order analysis (defined as follows: Composite Samples, Storage Tanks After Receipt, Interface Mixture, Dormant Stocks, and Individual Tests, including particulate contamination) shall be provided by the Contractor using one of the following options (the Contractor shall check the appropriate box below):

[ ] The Contractor will perform the tests using its own qualified personnel, facilities, and equipment. (All costs for this service are to be included in the monthly service charge.)

[ ] The Contractor will not perform the tests using its own personnel, but will provide on a seven days per week, 24 hours a day basis, it’s own facilities and equipment for testing of product by Government personnel. (All costs for this service are to be included in the monthly service charge.)

[ ] The Contractor will not provide its own personnel, facilities, or equipment. Instead, the Contractor will, within 24 hours after sampling, transport any sample(s) to a commercial laboratory approved by the Government and arrange for that commercial laboratory to perform all the required tests.

The Government, at its own option, may direct that samples be tested at a Government laboratory under contract to the Government. In this case, transport of such samples is still the responsibility of the Contractor. (The Government will reimburse the Contractor for the actual costs of the tests performed by their commercial laboratory. All other associated costs must be included in the monthly service charge.)

All other tests found in the above referenced attachment, which are not part of a higher order analysis, shall be provided in accordance with the CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) contract text.

(c) All facilities and equipment to be provided, whether that of a Contractor or a commercial laboratory, must conform to the standards for such facilities and equipment established by the Occupational Safety and Health Act and the National Fire Protection Association or local regulations, whichever is more stringent.

SUPPLEMENT: RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS

(a) Title to any Government-owned petroleum products in the possession of or under the custody of the Contractor by reason of this contract. The Government shall at all times have access to the premises wherein any such property is located. When product is received on an f.o.b. destination basis, the Product Supplier or his representative may witness all quantity and quality functions during the receipt of the product into Government-owned Contractor-operated/Contractor-owned Contractor-operated tanks.

(b) The Contractor shall protect and preserve such property in a manner consistent with sound industrial practice.

(c) At the end of the contract period the Government may abandon any Government-owned petroleum products in place, at which time all obligations of the Government regarding such abandoned petroleum products shall cease. The contract price shall be reduced to reflect the fair market value of any abandoned petroleum products. If an agreement as to compensation for abandoned petroleum products cannot be reached in a timely manner, the Contracting Officer will make a formal determination.

(d) The Contractor shall not be liable for loss of or damage to such property while in the possession of or under the custody of the Contractor by reason of this contract, or for expenses incidental to such loss or damage, except that the Contractor shall be liable for any such loss or damage (including expenses incidental thereto)--

(1) Which results from negligence, or bad faith, or willful misconduct of the Contractor, its employees, or agents; or

(2) Which results from a risk that is in fact covered by insurance or for which the Contractor is otherwise reimbursed, but the Contractor in such case shall be responsible only to the extent of such insurance or reimbursement.

(e) In the event the Contractor is reimbursed or compensated for any loss or damage to such property, it shall reimburse the Government. The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any such loss or damage and, upon the request of the Contracting Officer, shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

SUPPLEMENT: INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD

(a) INTRODUCTION. The Contractor shall prepare all documentation and systemically process related transactions in accordance with the information and instructions provided herein; DoD Manual 4140.25, DoD Management of Energy Commodities, available at the Washington Headquarters Service site, https://esd.whs.mil/issuances/dodm; and applicable DLA Energy publications listed below, which are available at https://fuelstraining.com or dla.deps.mil/sites/dlaenergy/scm/SitePages/Publications.aspx:

Title Description DLA Energy P-1 RECORDING AND PROCESSING INVENTORY TRANSACTIONS DLA Energy P-2 RECEIPT AND SHIPMENT OF PETROLEUM PRODUCTS DLA Energy P-3 DOCUMENT/DATA CONTROL AND RETENTION DLA Energy P-4 PROHIBITION AGAINST ENTERING PRIVACY ACT

INFORMATION/PERSONALLY IDENTIFIABLE INFORMATION IN THE BASE LEVEL SYSTEMS

APPLICATION (BLSA)

DLA Energy P-5 VEHICLE IDENTIFICATION LINK (VIL) KEY ENCODING, ACCOUNTABILITY, AND CONTROL

DLA Energy P-7 ACCOUNTABILITY AND CUSTODIAL RESPONSIBILITIES FOR DEFENSE

WORKING CAPITAL FUND (DWCF) INVENTORY AND GOVERNMENT PROPERTY

DLA Energy P-14 CAUSATIVE RESEARCH AND FINANCIAL LIABILITY INVESTIGATION

OF PROPERTY LOSS

DLA Energy P-23 Procedures for Authorization and Processing Ground Re-Issue Transactions.

DLA Energy P-26 DLA ENERGY AUTOMATED INFORMATION SYSTEMS DLA Energy P-27 PROCESSING OF FUEL SALES TO DISASTER RELIEF AGENCIES DLA Energy P-29 EPoS CUSTOMER QR CODES 06/01/2022 DLA Energy P-30 DFSP EPOS FACILITY RESPONSIBILITIES EPoS DTM This Directive Type Memorandum (DTM) is for DLA Energy, DLA Energy approved customers, and Responsible Officers (RO) / Terminal Managers (TM) at DFSPs that use EPoS Fixed and/or Mobile devices. 03/01/2023 https://esd.whs.mil/issuances/dodm https://fuelstraining.com/

DLA Energy P-32 DEFENSE FUEL SUPPORT POINTS (DFSP) BASE LEVEL SUPPORT

APPLICATION TRAINING

DLA Energy P-37 PROCESSING REVERSALS/CHANGES TO DWCF TRANSACTIONS DLA Energy P-40 FUEL SPILL/LEAK/RELEASE REPORTING

Documents and procedures are subject to change on a recurring basis and notifications of changes or newly published documents are announced during logon to the DLA Energy Accountable Property System of Record (APSR). Unless the Government has specifically stated that the Government will provide the hardware (usually at Government-owned facilities), the Contractor shall provide requisite hardware (specifications will be provided by the Government) capable of processing all applicable inventory and accounting transactions on a daily basis (weekdays excluding weekend and holidays) through DLA Energy-provided applications or software. The current processing methodologies include both APSR input and upload to the Enterprise Business System (EBS). Applications require the Contractor to provide and have on-site high-speed internet access with a static Internet Protocol (IP) address, e-mail with individual user accounts, the current version of Adobe Acrobat, the most current version of Internet Explorer, Active Client, and DoD Root Certificates. The DLA Energy systems identified require user identifications and passwords in accordance with DoD Automated Data Processing (ADP) Level III systems access. The Contractor shall be responsible for (in conjunction with DLA Energy/DLA) identifying employees that will be processing inventory/accounting transactions for obtaining requisite systems access for those employees. DoD ADP Level III systems access requires a National Agency Check (NAC) investigation. DLA will provide forms and fingerprint cards and initiate the investigation for contractors without a NAC. The Contractor shall immediately notify DLA Energy when Contractor personnel with access privileges no longer work at the contract facility or no longer require access. DLA Energy Systems Access Request Submission Process can be found at https://dla.deps.mil/sites/dlaenergy/scm/SitePages/Publications.aspx under DLA Energy P-26, DLA Energy Automated Information System Applications Access,

(b) AUTOMATED FUEL INVENTORY REPORTING REQUIREMENTS.

(1) The Contractor shall prepare all necessary documentation (see paragraph (b)(5)) and systemically process each transaction affecting inventory of Government-owned products in its possession by virtue of this contract. Within one business day of each transaction/business event (excluding weekends and Government holidays), the Contractor shall input transaction data into the automated inventory and accounting system(s) or applications designated/provided by the Government. The Government will provide via on-site support or via electronic means, such as user manuals or on-line support/tutorials, initial training for inputting transactional data. The Contractor assumes all responsibility for timeliness and accuracy of transaction data input by its employees. The Contractor shall prepare and report each transaction in accordance with guidance provided during the training and, thereafter, by qualified Government representatives. The Government will advise the Contractor of any changes in processing and reporting procedures. The Government reserves the right to contact the Contractor on a daily basis (weekdays excluding weekends and holidays) to obtain information concerning transactions processed.

Locations that do not have direct connectivity to EBS shall forward all transactions to the applicable DLA Energy Regional Office for processing.

(2) The Contractor shall record in the automated inventory system the inventory (quantity corrected to 60 degrees Fahrenheit) of each Government-owned product stored at the facility.

Daily inventories shall be recorded to reflect on-hand inventories as of 2400 hours local time, (discretionary system clock/calendar rollover to the next transaction date) and monthly inventories shall be recorded to reflect on-hand inventories as of 2400 hours local time on the last calendar day of each month (discretionary system clock/calendar rollover to the first transaction date of the next month. End-of-year

(EOY) inventories shall be reported as of the last calendar day of the year. EOY transactions and inventories must be processed to EBS by close of business September 30th. The Contractor shall have the account reconciled in accordance with DoDM 4140.25 and/or DLA Energy P-1, Recording and Processing Inventory Transactions, available at https://dla.deps.mil/sites/dlaenergy/scm/SitePages/Publications.aspx

(3) Where DLA Energy has deployed an Electronic Point of Sale (EPoS) fixed or mobile device(s), the Contractor shall use the fixed and/or mobile EPoS device(s) to record inventory transactions and upload and reconcile them to the APSR daily. The Contractor shall follow DLA EPoS DTM and DLA Energy P-29 and P-30.

(4) The contractor shall verify and report Automatic Tank Gauging accuracy as required by DLA Energy P-7, Accountability and Custodial Responsibilities for Defense Working Capital Fund (DWCF) Inventory and Government Property.

(5) The contractor shall complete the Responsible Officer (RO) / Terminal Manager (TM) Daily Document Review Checklist and RO / TM End-of-Month Reconciliation Checklist as required by DLA Energy P-7

(6) End of Fiscal Year Closeout Process. The United States Government closes its financial ledgers at midnight on September 30th. In the event the EOY closeout falls on a Saturday or Sunday, the Contractor will be required to document and process all inventory related transactions per EOY closeout instructions that are provided via a pop-up during logon to the APSR or available for download at https://dla.deps.mil/sites/dlaenergy/scm/SitePages/Publications.aspx

(7) The Contractor shall prepare inventory adjustment documents (DD Form 1348-8, DFSP Inventory Accounting Document and End of Month Report) in accordance with the DoDM 4140.25, Volume 9, DFSP Bulk Petroleum Inventory Management, Volume 10, DoD Management of Energy Commodities, Sales Accountability and Documentation Management, and DLA Energy P-1. The Contractor shall provide a detailed explanation on each inventory adjustment document explaining each gain and/or loss in excess of DLA Energy provided tolerances. The Contractor’s representative and the authorized Government representative shall sign each document and provide copies to the DLA Energy Region office. The authorized Government representative shall indicate whether he/she concurs or non-concurs with the statement and shall provide an explanation for any non-concurrence. The term authorized Government representative, as used in this provision, refers to the quality representative and property administrator assigned to the Defense Fuel Support Point (DFSP).

Inventory Operating Gain or Loss Tolerances

Post Group

Allowable Operating Tolerance Gain/Loss Percentage

Distillates (Diesel Fuels, Jet A1, JP5, JP8, JPTS, F76, Kerosene, other residuals, etc.)

.0025 or .25%

JP4 .003 or .3% Aviation and Motor Gasoline (AVGAS (130), MOGAS (MUR, MUP, etc.)

.005 or .5%

Fuel System Icing Inhibitor (FSII) .0025 or .25% Lube Oils** .0025 or .25%

**NOTE: Report all Lube Oil transactions at “gross” or ambient temperatures.

(8) END OF MONTH/END OF YEAR RECONCILIATION. EOM and EOY reconciliation procedures are detailed in DLA Energy Interim Guidance DLA Energy P-1. DLA Energy P-1 https://dla.deps.mil/sites/dlaenergy/scm/SitePages/Publications.aspx and end of year close out instructions are located at https://dla.deps.mil/sites/dlaenergy/scm/SitePages/Publications.aspx.

(9) The following are documentation requirements for transactions (NOTE: DD Forms are located at https://esd.whs.mil/directives/forms.)

TRANSACTION DOCUMENT

Appointment/Delegation Letters Formal Correspondence Daily Document Review Checklist DLA Form 2061 End-of-Month Reconciliation Checklist DLA Form 2054

RECEIPTS

Receipts from DLA Energy Procurement Contracts DD Form 250/250-1 Receipts of Shipments from a DFSP DD Form 250/250-1

DD Form 1348-7

Receipts from an end-user (with or without credit) DD Form 1898 or 1149

SHIPMENTS

Shipments from a DFSP to authorized customers See Sales Shipments between DFSPs DD Form 250/250-1

DD Form 1348-7

Petroleum Daily Receipt Summary Sheet DLA Form 2046

INVENTORY

Physical Inventory DD Form 1348-8* and/or

DD Forms 2920, 2921, 2921C

*DD Form 1348-8 is required for end-of-month inventory reporting or transfer of account actions only.

All Inventory Adjustments DD Form 1348-8

Normal handling of variances (excessive) DD Form 1348-8 Determinable losses such as spills, line breaks, non-recoverable tank bottoms, major disasters, combat losses, etc.

Condition/Identity Change DD Form 1348-8 Downgrade, regrade, or additive DD FOR 1348-8

ISSUES/SALES OR RETURNS/CREDITS

Issues of product from a DFSP to an end user customer DD Form 1898 or 1149 Automated data capture printout

SHIPMENTS to other DFSPs DD Form 1348-7

DD Form 250-1

Return of product from an end user customer with credit DD Form 250/250-1 DD Form 1898 or 1149

Automated Data Capture printout

FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS

As required, when directed by the DLA Energy DWCF Petroleum Accountable Officer/ DD Form 200 and Contracting Officer or Property Administrator supporting documents

(c) OTHER REQUIREMENTS.

(1) STORAGE TANK OUT OF SERVICE. Prior to removing a storage tank from service, the Contractor shall immediately notify the authorized Government representative by telephone, with follow-up confirmation in writing, providing the date and time the tank is scheduled to be removed from service. In addition, the Contractor shall provide the authorized Government representative a written estimate of unrecoverable tank bottoms. The authorized Government representative shall review and approve the estimate prior to submission to DLA Energy.

(2) UNRECOVERABLE TANK BOTTOMS. Prior to the end of the contract period, the Contractor shall provide the authorized Government representative a written estimate of unrecoverable tank bottoms. The authorized Government representative shall review and approve the estimate prior to submission to DLA Energy.

(3) REPORTING FUEL ADDITIVES AND SLOP FUEL. Government-owned fuel additives, slop fuel, and transmix stock at the DFSP will be treated as separate and distinct items, and all transactions shall be documented as outlined herein. Report these products in gallons and report them under the approved National Stock Number (NSN).

(i) Use an auditable identity change document (DD Form 1348-8) to account for bulk FSII blended with bulk fuel and fuel downgraded to slop. Do not use fractions of a gallon (e.g., if 1.5 gallons of FSII were injected, report 1 gallon and record the .5 once a whole gallon is used).

(ii) Account for packaged additives such as COR, ASA, AS1, AD1, and CO1 locally using a general log or ledger. As the additive is injected, record the amount in the log to track usage and inventory. No other documentation is required.

(4) CREATION OF SHIPMENT TRANSACTIONS. As required and directed by the Government, storage Contractors shall create electronic shipment transactions using the SYNCADA on-line freight payment system. The Government shall advise Contractors of any changes in processing and reporting procedures. Contractors shall contact the Government when additional guidance is required.

CONUS storage Contractors shall maintain a daily written log of motor carrier performance to include:

carrier, destination, number of trucks ordered, number of trucks furnished, and deficiencies. On the last business day of each calendar month, the Contractor shall forward a copy of the daily written logs to the DLA Energy Regional office having oversight of the motor carrier contract.

(5) STATEMENT OF AUTHORIZED SIGNATURES. The Contractor shall furnish the authorized Government representative a statement containing the names and handwritten signatures of persons authorized by the Contractor to receive and accept Government-owned product or property. The Contractor is required to provide the DLA Energy Contracting Officer/Property Administrator with written notification when previously authorized persons depart (leave, quit, or transfer, or otherwise cease working in a position in which the individual is authorized to receive and accept Government-owned product or property.,) and new personnel are appointed to these positions.

(6) CHANGE IN DFSP OPERATOR. Transfer residual inventory from expired contracts regardless of whether there is a change in contractors. Transfer DFSP product as follows:

(i) The outgoing Contractor, the new Contractor, and the authorized Government representative will jointly gauge all tanks, document each storage tank gauge readings on DD Forms 2920 and 2921C, and calculate the total physical inventory for each grade of fuel. The incoming and outgoing Contractors and Accountable Officials and Property Administrators will sign each DD Form 2920.

(ii) Upon completion of the inventory transfer, a summary DD Form 1348-8, reflecting both outgoing and incoming Contractor signatures verifying accuracy of the inventory summary, supported by the applicable DD Forms 2920 and 2921C, will be completed for each grade of fuel.

(iii) The following certification will be typed in the Memo block of each DD Form 1348-8 and signed by the appropriate individuals:

"The inventory recorded on this DD Form 1348-8 has been transferred from contract (old number) to contract (new number) on (date) .

Signature (Outgoing Contractor) / (New Contractor)

Typed/Printed Name and Titles (Outgoing Contractor) / (New Contractor)

(iv) The Contractor shall provide this information to the Government representative by telephone and by mailing one copy of each DD Form 2920, DD Form 2921C, and DD Form 1348-8.

(v) The Government representative will mail three copies of the inventory documents covering the transfer month to the outgoing Contractor. The outgoing Contractor shall apply appropriate certification to the inventory documents and retain one copy, provide one copy to the new Contractor, and return the third copy to the Government representative.

(7) RETENTION OF ACCOUNTABLE RECORDS AND DOCUMENTS. To satisfy auditability requirements, DFSPs shall retain a minimum of three years (current fiscal year plus two additional years) of Inventory Documentation/Data on location. Source documents and data requiring retention beyond the three-year point shall be retired to a records retention center. Contractor shall contact the DLA Energy Records Management Officer via e-mail for disposition instructions at descrecords@dla.mil. The contractor shall provide DLA Energy copies of documents and/or provide any requested inventory information data/data within 3 business days. The contractor shall retain all documents listed below, and will upon request, scan and upload images of all documents into a US Government forms archive or records management storage system. All records are DLA Energy-accountable records and must be retained as follows:

RECORDS RETENTION PERIOD

Appointment letters, e.g., RO/PA appointments, etc. Three years

Delegation letters Retain current letter on file at

DFSP

Receipts from a DLA Energy Procurement Contract Ten years after the accounting month

Sales/Issues and Returns (with credit) Ten years after the

Government or Commercial Bills of Lading Ten years, after the

Financial Liability Investigation of Property Loss and all supporting Ten years after completion.

Returns without credit Ten years after the

Shipments between DFSPs Current fiscal year (FY) plus two additional FYs

(Shipment documentation, Physical inventory data/documentation Current FY plus two additional FYs

All inventory adjustment documentation Current FY plus two additional

Product condition or identify changes, Current FY plus two additional and supporting laboratory analysis

Contract modifications or change orders Retained locally, three years after the expiration of the current contract

SECTION E – INSPECTION AND ACCEPTANCE

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

(a) Definition."Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

DLA ENERGY QUALITY ASSURANCE PROVISIONS (QAPS)

The Quality Assurance Provisions pertaining to the inspection offices, nonconforming supplies and services, and material inspection and receiving reports are incorporated by reference as if fully set forth herein and located in Attachment II of this solicitation.

SECTION F – DELIVERIES OR PERFORMANCE

FAR 52.242-15 STOP WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

SUPPLEMENT: GENERAL RECEIVING AND STORING CONDITIONS

(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 affect 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 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 –

1. 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.

2. 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.