SPE603-18-R-0510_Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0070096748

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

a. NAME

7. FOR SOLICITATION

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE603-18-R-0510

b. TELEPHONE NUMBER (No Collect calls)

6. SOLICITATION ISSUE

DATE

Feb 2, 2018

8. OFFER DUE DATE/

LOCAL TIME

INFORMATION CALL: Zachary Cuca DZC0007 Phone: 703-767-1273 Mar 12, 2018

09:00 AM

9. ISSUED BY CODE SPE603 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

DLA ENERGY

BULK PETROLEUM SERVICES

8725 JOHN J. KINGMAN ROAD

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

FORT BELVOIR VA 22060

USA SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A)

NAICS: 493190

SIZE STANDARD: $27 Million

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

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

SEE SCHEDULE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED SEE ADDENDUM

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 1

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS 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

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SOLICITATION SPE603-18-R-0510

COCO STORAGE PORTLAND, ME

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

Note: See FAR 52.212-1- INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017) and Addendum and FAR 52.212-2- EVALUATION – COMMERCIAL ITEMS (OCT 2014) for complete instructions on how to submit a proposal.

A. Attached is Request for Proposal number SPE603-18-R-0510 for the procurement of Contractor-

Owned Contractor-Operated (COCO) fuel storage services within a 10-mile radius of Portland, Maine. These services include: 1) the receipt of U.S. Government owned product (Turbine Fuel Aviation, JAA) via ocean going tanker/barges; 2) the storage and quality maintenance of the product; and 3) the shipment of product to DoD sponsored customers via tank trucks.

B. The NAICS code is 493190 and the threshold is $27.5 million in annual receipts.

C. DLA ENERGY-FESBC is the designated office for receipt of offers. Your proposal must be received no later than 9:00 AM local time Fort Belvoir, VA on February 28, 2018. All offerors shall clearly mark envelopes/packages sent in response to this solicitation with the words, “Offer Under Solicitation SPE603-18-R-0510.” Mailed offers should be mailed to the following address:

US Post Office/US Post Office Express: Hand Carried/Courier Delivery Service only:

ATTN: DLA Energy-FESBC, Bid Custodian ATTN: DLA Energy-FESBC, Bid Room 2945 Custodian Room 2945 Defense Logistics Agency Energy Zachary Cuca /Telephone: (703) 767-1273 8725 John J. Kingman Road, Suite 2945 Defense Logistics Agency Energy Fort Belvoir, Virginia 22060-6222 8725 John J. Kingman Road, Suite 2945 Fort Belvoir, Virginia 22060-6222

For Verification of Receipt: Contact Zachary Cuca at Zachary.Cuca@dla.mil (703) 767-1273.

D. FAXED PROPOSALS ARE NOT AUTHORIZED. Please e-mail your proposal to:

bidcustodian@dla.mil with copy to Zachary.Cuca@dla.mil and Tonya.Willis@dla.mil. All e-mail proposals MUST be followed-up with the hard copy (consisting of three volumes as outlined below) NO LATER THAN (5) business days after solicitation closing. Late proposals will be processed in accordance with FAR 15.208 – Submission, Modification, Revision, and Withdrawal of Proposals. When submitting a proposal via e-mail, please ensure it is sent within enough time in order for it to be processed through the server. Offerors’ proposals shall be prepared in three (3) separate volumes and provided in the quantities shown below:

mailto:Zachary.Cuca@dla.mil mailto:bidcustodian@dla.mil mailto:Zachary.Cuca@dla.mil mailto:Tonya.Willis@dla.mil

Volume Title No. of Copies Required Page Limit

I Technical Proposal

1 original and 1 PDF electronic copy

II Offeror Submission Package (OSP) includes Price Proposal

1 original and 1 PDF electronic copy of Attachment III –

OFFEROR SUBMISSION

PACKAGE

None

III Past Performance

(PPQ)

I PDF electronic copy None

Complete and return one original, and one PDF electronic copy of the Offeror Submission Package and one original and one PDF electronic copy of the Technical Proposal submissions as described in 52.212-1 INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (JAN 2017) with Addendum (JAN 2017). Your prices must be inserted in Clause B-0001 B34.01 SERVICES TO BE FURNISHED (DLA ENERGY FEB 1991) in the Offeror Submission Package.

E. Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions of this solicitation. Any exceptions to any part of this solicitation must be specifically identified in a cover letter to your proposal.

F. The Government intends to evaluate proposals and award contract without written or oral discussions. The Government reserves the right to conduct discussions with all responsible offerors that submit proposals that are considered competitive if deemed necessary. This procurement will use Simplified Acquisition Procedures for Certain Commercial Items using the Lowest Price Technically Acceptable process IAW FAR15.101-2. See FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (Oct 2014) for evaluation factors. The resulting type of contract will be Firm-Fixed-Price.

G. NOTICE REGARDING SUSPENSIONS/DEBARMENT/INELIGIBILITY: Any contract awarded to a Contractor who, at the time of award was suspended, debarred, and ineligible for receipt of contract with Government Agencies or in receipt of a notice of proposed debarment from any Government Agency, is voidable at the option of the Government.

H. Care should be taken to mail correspondence relating to this solicitation or resulting contract to the appropriate office as indicated in the applicable clauses.

I. Tax Exempt Number: For the Defense Logistics Agency- Energy is: 31-4420477.

J. Pricing of Services:

1. The prices submitted must be inclusive of all direct costs, indirect costs, and profit.

Offerors MUST include ALL cost associated with providing the services described herein.

2. The Government SHALL NOT be responsible for compensating the Contractor for any cost tied to solicitation requirements but not factored into the proposed prices, either by the Contractor’s intention or by mistake.

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES OR

COSTS

B-0001- B34.01

SERVICES TO BE FURNISHED AND PRICES (FEB 1991)

DLA ENERGY 13

SECTION C - SPECIFICATIONS/PWS

PWS PERFORMANCE WORK STATEMENT Att. I C-0001- C19.01

SECURITY AND FIRE PROTECTION (AUG 1988) DLA

ENERGY 18

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

1998)

C-0003 C19.07 SAMPLING AND TESTING OF PETROLEUM PRODUCTS

(STORAGE) (DLA ENERGY JAN 2012)

SECTION E - INSPECTION AND ACCEPTANCE

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

FAR 21

DLA

ENERGY

QAP E1.11

QUALITY CONTROL PLAN (MAR 2000) DLA ENERGY Att. II

DLA

ENERGY

QAP E18

INSPECTION AND CLEANING OF BULK PETROLEUM

STORAGE TANKS (FEB 2017) DLA ENERGY Att. II

DLA

ENERGY

QAP E22

LIST OF INSPECTION OFFICES FOR DLA ENERGY

CONTRACTS (APR 2016) DLA ENERGY Att. II

DLA

ENERGY

QAP E28

CONTRACTOR INSPECTION RESPONSIBILITIES

(STORAGE) (DEC 2011) DLA ENERGY Att. II

DLA

ENERGY

QAP E35

NONCONFORMING SUPPLIES AND SERVICES (DEC 2011)

DLA ENERGY Att. II

DLA

ENERGY

QAP E36

INSPECTION (STORAGE) (FEB 1970) DLA ENERGY Att. II

SECTION F- DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989) FAR 22

F0001-F1.05 GENERAL SHIPPING CONDITIONS (OCT 1997) DLA

ENERGY 22

F0002-F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (APR 2014)

DLA ENERGY 25

F0003-F1.14 DETERMINATION OF QUANTITY (STORAGE) (NOV 1997)

DLA ENERGY 26

F0004-F45.01 OPERATION OF CONDUCTIVITY ADDITIVE SYSTEM

(DLA ENERGY JAN 2014) 27

F0005-F45.03 OPERATION OF FUEL SYSTEM ICING INHIBITOR

ADDITIVE SYSTEM CONTRACTOR-OWNER

CONTRACTOR-OPERATED (COCO) (DLA ENERGY JAN

2014)

F0006-F45.04 OPERATION OF CORROSION INHIBITOR/LUBRICITY

IMPROVER ADDITIVE SYSTEM CONTRACTOR-OWNER

CONTRACTOR-OPERATED (COCO) (DLA ENERGY JAN

2014)

F0007-F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS

(STORAGE) (DEC 1991) DLA ENERGY 30

SECTION G - CONTRACT ADMINISTRATION DATA

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

DFARS 31

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

AND RECEIVING REPORTS (JUN 2012) DFARS

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS

(MAY 2013) DFARS

G0001-G3 INVOICE NUMBERING REQUIREMENTS (AUG 1998) DLA

ENERGY 34

G0002-G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED

(JAN 2017) DLA ENERGY 34

G0003-G21 DESIGNATION OF PROPERTY ADMINISTRATOR (MAY

2009) DLA ENERGY 35

G0004-G22 DESIGNATION OF THE DEFENSE FUEL REGION (JUL

1997) DLA ENERGY 36

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H0001-H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992) 37

H0002-H11 GUARD SERVICE (MAR 1982) DLA ENERGY 37

H0003-H19 REPORTING AND CONTAINING OIL SPILLS (DOMESTIC

STORAGE) (JAN 2012) DLA ENERGY

SECTION I – CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013) 39

52.203-3 GRATUITIES (APR 1984) FAR 39

52.203-6 RESTRICTION ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (SEP 2006) ALTERNATE I (OCT 1995)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (OCT 2010) FAR

52.203-19

PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017) FAR

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

(OCT 2016) FAR

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (JUL 2016) FAR

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (JUN 2016) FAR

52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT

2015)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (JUL 2013)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (NOV 2015)

52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL

ITEMS (JAN 2017) FAR

Addendum 1 52.212-4

ADDENDUM 1- 52.243-1 CHANGES - FIXED-PRICE (AUG

1987)

Addendum 2 52.212-4

ADDENDUM 2- 52.215-8 ORDER OF PRECEDENCE –

UNIFORM CONTRACT FORMAT (OCT 1997)

52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS-

COMMERCIAL ITEMS (NOV 2017) FAR

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) FAR 56

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000) FAR

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS 57

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN 57

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (JUL 2013)

52.222-41 SERVICE CONTRACT LABOR STANDARDS (MAY 2014) 57

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL

HIRES (MAY 2014) FAR

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE

CONTRACT LABOR STANDARDS – PRICE ADJUSTMENT

(MULTIPLE YEAR AND OPTION CONTRACTS) (MAY

2014)

52.222-50 COMBATTING TRAFFICKING IN PERSONS (MAR 2015) 57

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658

(DEC 2015)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

(JAN 2017)

52.223-2

AFFIRMATIVE PROCUREMENT OF BIOBASED

PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (SEP 2013) FAR

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) 58

52.223-18 ENCOURAGING CONTRACTING POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (AUG 2011)

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT

SYSTEMS (MAY 2011)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007) 58

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) FAR 58

52.232-17 INTEREST (MAY 2014) 58

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (DEC 2013) FAR

52.233-1 DISPUTES (MAY 2014) FAR 58

52.233-3 PROTEST AFTER AWARD (AUG 1996) 58

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(OCT 2004)

52.237-3 CONTINUITY OF SERVICES (JAN 1991) 58

52.242-13 BANKRUPTCY (JUL 1995) FAR 58

52.245-1 GOVERNMENT PROPERTY (JAN 2017) 58

52.245-9 USE AND CHARGES (APR 2012) FAR 58

52.252-2 CLAUSES INCORPORATED BY REFERENCE 58

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF

FORMER DOD OFFICIALS (SEP 2011) DFARS

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC

2012) DFARS

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) DFARS 60

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK

PRODUCT (APR 1992) DFARS

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION

AND CYBER INCIDENT REPORTING (OCT 2016) DFARS

252.204-7015

NOTICE OF AUTHORIZED DISCLOSURE OF

INFORMATION FOR LITIGATION SUPPORT (MAY 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 (OCT 2015)

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY

(AUG 2012)

252.219-7003

SMALL BUSINESS SUBCONTRACTING PLAN (DOD

CONTRACTS)—BASIC (DEVIATION 2018-O0007) (DEC

2017) DFARS

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES

(DEC 2016) DFARS

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS 75

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY

CONTRACTOR PERSONNEL (JUN 2013) DFARS

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

DFARS

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

DFARS

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (DOD

CONTRACTS) (JUN 2013) DFARS

252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM

ADMINISTRATION (APR 2012) DFARS

252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE, AND

EQUIPMENT FOR MILITARY OPERATIONS (OCT 2010)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014)

DFARS

252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY

SEA (MAR 2000) DFARS

52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

(MAY 2000) DLAD

52.233-9001 DISPUTES AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (ADR) (DEC 2016) DLAD

I0001-I1.01-4 DEFINITIONS (CONT’D) (STORAGE) (JUNE 2009) DLA

ENERGY 87

I0002-I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE

– COMMERCIAL ITEMS (FEB 1996) DLA ENERGY 89

I0003-I102.02

FAIR LABOR STANDARDS ACT AND SERVICE

CONTRACT ACT- PAYROLL TAX ADJUSTMENT (JAN

2012) DLA ENERGY

I0004-I116 RESPONSIBILITY FOR GOVERNMENT-OWNED

PETROLEUM PRODUCTS (JAN 2012) DLA ENERGY 90

I0005-I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF

RECORD (AUG 2017) DLA ENERGY 91

I0006-I147 DEMURRAGE (DLA ENERGY NOV 1989) 96

I0007-I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (JAN 2012)

DLA ENERGY 96

I0008-I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI)

IMPLEMENTATION (SEP 2009) DLA ENERGY 97

SECTION J - ATTACHMENTS

ATTACHMENT

I PERFORMANCE WORK STATEMENT

ATTACHMENT

II DLA ENERGY QUALITY ASSURANCE PROVISIONS

ATTACHMENT

III OFFEROR SUBMISSION PACKAGE (OSP)

ATTACHMENT

IV WAGE DETERMINATION NO. CBA-2017-10911

ATTACHMENT

V

PAST PERFORMANCE INFORMATION DISCLOSURE CONSENT

FORM

VI PAST PERFORMANCE QUESTIONNAIRE

VII SMALL BUSINESS SUBCONTRACTING PLAN

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND

STATEMENTS

52.203-2 CERTIFICATE OF INDEPENDENT PRICE

DETERMINATION (APR 1985) 100

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS – REPRESENTATION

(JAN 2017)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING (JUL 2016) FAR

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JULY 2016) 101

52.204-20 PREDECESSOR OF OFFEROR (JULY 2016) 101

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS—REPRESENTATION (NOV

2015)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY

MATTERS (OCT 2015)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(JUL 2013) FAR

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

52.212-3 OFFERORS REPRESENTATIONS AND CERTIFICATIONS-

COMMERCIAL ITEMS (NOV 2017)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT

2014), ALTERNATE I (SEPT 2015)

52.222-56 CERTIFICATION REGARDING TRAFFICKING IN

PERSONS COMPLIANCE PLAN (MAR 2015)

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012) FAR 127

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF

FORMER DOD OFFICIALS (NOV 2005) DFARS

252.222-7007 REPRESENTATION REGARDING COMBATING

TRAFFICKING IN PERSONS (JAN 2015) DFARS

252.225-7050 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE

SPONSOR OF TERRORISM (OCT 2015)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION

BY SEA (AUG 1992) DFARS

K0001-K15 RELEASE OF PRICES (MAR 2009) DLA ENERGY 130

K0002-K33.01 AUTHORIZED NEGOTIATORS (APR 2007) DLA ENERGY 130

K0003-K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL

INVOICE SUBMISSION (MAY 2014) DLA ENERGY 131

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFERORS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016) FAR 132

52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS

(JAN 2017) FAR

Addendum to 52.212-1

ADDENDUM- INSTRUCTIONS TO OFFERORS-

COMMERCIAL ITEMS (JAN 2017) FAR

52.216-1 TYPE OF CONTRACT (APR 1984) 142

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY

COMPLIANCE EVALUATION (FEB 1999)

52.233-2 SERVICE OF PROTEST (SEP 2006) FAR 142

52.237-1 SITE VISIT (APR 1984) 143

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998) FAR

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) 143

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT

(FEB 2014) DFARS

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED

DEFENSE INFORMATION CONTROLS (OCT 2016) DFARS

252.204-7011 ALTERNATIVE LINE ITEM STRUCTURE (SEP 2011)

DFARS

252.215-7008 ONLY ONE OFFER (OCT 2013) DFARS 146

L0001-L1.02 PROPOSAL ACCEPTANCE PERIOD (NOV 1991) DLA

ENERGY

L0002-L2.11-4 E-MAIL PROPOSALS (OCT 2010) DLA ENERGY 148

L0003-L82 WAGE DETERMINATION (FEB 2009) DLA ENERGY 149

SECTION M – EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION- COMMERCIAL ITEMS (OCT 2014) FAR 150

M0001-M72 EVALUATION OF OFFERS (APR 1997) DLA ENERGY 156

M-0002 M43.01

EVALUATION OF OPTIONS (DLA ENERGY MAR 2009) 157

M-0003 M72

EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS)

(DLA ENERGY APR 1997)

SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS

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

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

LINE ITEM 0001: CONUS COCO Storage Services, V20000403 (FIRM FIXED PRICE):

The Contractor shall provide Contractor-Owned, Contractor-Operated COCO bulk fuel service capabilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, during the base period of July 1, 2018 through June 30, 2022 (4 years).

LINE ITEM TBD1 (OPTION 1)2: CONUS COCO Storage Services, V20000403 (FIRM FIXED

PRICE):

The Contractor shall provide Contractor-Owned, Contractor-Operated COCO bulk fuel service capabilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, during the option period of July 1, 2022 through June 30, 2027 (5 years).

AREA OF CONSIDERATION: Within a 10-mile radius of Portland, Maine.

TOTAL OFFERED PRICE

ITEM

NO.

SUPPLIES/

SERVICE QTY UNIT UNIT PRICE AMOUNT

0001 CONUS COCO

Storage Services 48 Month $ $

TBD1

(Option 1)

CONUS COCO

Storage Services 60 Month $ $

TOTAL3: $__________________

NOTE: In accordance with FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999), the contractor is accepting that prices for the extension(s) not to exceed six months (if required) will remain the same as the prices offered under DLA Energy Contract Provision B-0001-B34.01 SERVICES TO

BE FURNISHED AND PRICES (DLA ENERGY FEB 1991).

The following price breakdown is provided for informational purposes only. In the event of a conflict, the prices in the table above will govern.

1 Line item number to be determined.

2 Only if exercised in accordance with FAR 52.217-9 Option to Extend Services (Nov 1999).

3 The offered total price shall include all costs associated with providing the required services. Cost reimbursable line items will not be allowed or incorporated into the award.

BASE PRICE

The prices for the services and facilities to be provided during the four-year performance period (July 1, 2018 through June 30, 2022), as described in the Performance Work Statement, includes the following:

LINE ITEM 0001:

TANK

PRODUCT

TYPE

SHELL

CAPACITY

(BARRELS)

FILL

CAPACITY

(BARRELS)

CONUS

COCO

STORAGE

SERVICES

(MONTHLY

USE COCO

CHARGE)4

ANNUAL

STORAGE

USE

CHARGE

TOTAL

PRICE

(4 YEARS)

TOTAL PRICE: $ $ $

4Includes initial & final shipment price. In the event of a part month, the monthly price will be prorated.

OPTION #1 PRICE

The prices for the services and facilities to be provided during the five-year performance period (July 1, 2022 through June 30, 2027), as described in the Performance Work Statement, includes the following:

LINE ITEM TBD1:

PRODUCT

TYPE

SHELL

CAPACITY

(BARRELS)

FILL

CAPACITY

(BARRELS)

CONUS

COCO

STORAGE

SERVICES

(MONTHLY

USE COCO

CHARGE)4

ANNUAL

STORAGE

USE

CHARGE

TOTAL

PRICE

(5 YEARS)

TOTAL PRICE: $ $ $

NOTE: A minimum fill capacity quantity of 150,000 barrels is required, with a +/- variance of 10% permitted. 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.

PRORATED DAILY REDUCTIONS/ADDITIONS (QAP E18)

Base Period- July 1, 2018 through June 30, 2022 Line Item 0001:

In accordance with DLA Energy QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY FEB 2017), tanks required to be cleaned/inspected at the contractors 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:

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 0001 shall reflect a reduction to $0.00 for the subject tank. 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

Option #1 Period- July 1, 2022 through June 30, 2027 Line Item TBD1:

In accordance with DLA Energy QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY FEB 2017), tanks required to be cleaned/inspected at the contractors expense shall be removed from/returned to revenue at a prorated amount. Prorated daily reductions/additions to the line item for option #1 (number TBD1) (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:

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, the line item for option #1 (number TBD1) shall reflect a reduction to $0.00 for the subject tank. 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 the line item for option #1 (number TBD1) by utilizing the following formula:

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

365 Days

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

The Performance Work Statement is hereby incorporated by reference as if fully set forth herein. See 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 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.

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.)

C-0003 C19.07 SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE)

(DLA ENERGY JAN 2012)

(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.

SECTION D - PACKAGING AND MARKING

NO CONTENT

SECTION E - INSPECTION AND ACCEPTANCE

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

The below reference Quality Assurance Provisions (QAPs) are hereby incorporated by reference as if fully set forth herein. Full QAP texts are in Attachment II.

ENERGY QAP E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000)

ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY

CONTRACTS (DLA ENERGY APR 2016)

ENERGY QAP E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE)

(DLA ENERGY DEC 2011)

ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY

DEC 2011)

ENERGY QAP E36 INSPECTION (STORAGE) (DLA ENERGY FEB 1970)

SECTION F - DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989)

F-0001 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. This shipment was released in accordance with paragraph 246.471-2 of the DoD FAR Supplement under authorization of (NAME and TITLE OF THE AUTHORIZED REPRESENTATIVE OF THE CONTRACT ADMINISTRATION OFFICE) in a letter dated (DATE OF AUTHORIZING LETTER).

(SIGNATURE AND TITLE OF CONTRACTOR'S DESIGNATED REPRESENTATIVE)."

(b) Shipment of products hereunder will be made only pursuant to a "release" furnished by the Product Property Administrator or his designated representative. The "release" will indicate the consignees who are authorized to issue "calls" or "orders" for shipment of product. Such "release" will be periodically furnished to the Contractor by the cognizant Product Property Administrator.

(c) Conveyances required for shipments shall be furnished or designated by the Government. The Contractor shall inspect all shipping conveyances prior to loading to insure that product loaded will not be lost or contaminated by the condition of the equipment. Tank truck inspection must be performed by qualified Contractor personnel. Delegation of this responsibility shall not be passed to the tank truck operator/driver. The tank truck operator/driver may be permitted to physically load the tank truck; however, the loading operation must be under the surveillance and direction of Contractor personnel. Equipment found to be unsatisfactory shall be reported as follows:

(1) TANKERS AND BARGES. Report immediately by telephone to the QR; if not present, the master of the tanker or barge or to the carrier's agent or general office; (2) TANK CARS. Report to the QR and by wire (Government Rate, Collect) to Commander, Eastern Area, Military Traffic Management Command, ATTN: MTE-INR-O, Brooklyn, NY 11250. Any shortage or overage of tank cars shall be similarly reported; (3) TRANSPORT TRUCKS. Contractor shall expeditiously report to the Traffic Manager of the appropriate Defense Fuel Region, Government QR, and to the carrier's terminal where equipment is domiciled.

(d) Except when loading barges or tankers, or making pipeline deliveries, strainers of 100 mesh or finer shall be utilized in loading aviation fuels and jet lubricating oil and 60 mesh or finer in the case of reciprocating engine oil. Strainers shall be located as near the loading point as practicable.

Contractor shall furnish and periodically inspect and clean such strainers and repair same, if necessary, keeping a written record thereof.

(e) Contractor shall affix serially numbered seals to the dome covers of tank cars and all openings in the case of tank trucks in such a manner that entry could only be gained by breaking a seal.

Such seals will be furnished by the Contractor. Seal numbers will be indicated on shipping documents.

(f) Placards, as required by 49 CFR 172.506 and 49 CFR 172.508, shall be furnished and affixed to all tank cars and tank trucks by Contractors unless placards are already affixed.

(g) FOR TANK CARS ONLY.

(1) If Government-owned or leased tank cars are furnished, the Contractor will maintain records showing each day a car is received or forwarded by car number and will furnish the information to the Defense Fuel Regional Office upon request.

(2) Bottom outlet gaskets and manway cover gaskets, when required due to deterioration or loss, shall be furnished and applied to tank cars by the Contractor.

(3) The Contractor shall (i) inspect empty Government-owned tank cars located on the Contractor's premises and (ii) ship tank cars located on the Contractor's premises to repair facilities as directed by the Government.

(h) Unless otherwise directed, the Contractor shall prepare and distribute Government bills of lading utilized in shipments. Such bills of lading, routing instructions, and transportation assistance will be furnished by the Defense Fuel Region placing orders.

(i) The Contractor shall comply with routing instructions furnished by the Government.

Such instruction will include names, routes, route order numbers, and other pertinent information. The Contractor shall be responsible for scheduling of commercial transport trucks, trucks and trailer, and tank wagons to its plant in accordance with such routing instructions and consonant with the applicable order. The Contractor shall provide sufficient advance notice to carriers and schedule the carrier's equipment for loading. The Contractor shall reimburse the Government for any demurrage incurred as a result of improper scheduling.

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

(k) Custody of product shipped by transport truck, and risk of loss thereof, shall pass from the Contractor to the carrier when the loaded transport truck is released for shipment by the Contractor.

(l) Custody of product shipped by tank car, and risk of loss thereof, shall pass from the Contractor to the carrier when the loaded tank car is picked up by the carrier.

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

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

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

(1) SCHEDULED ARRIVAL DATE AND BASIC ALLOWED LAYTIME.

(i) Notice shall be furnished to the Contractor in advance of the date on which loading is to be made, which date is hereinafter referred to as the "Scheduled Arrival Date." Each notice will specify the quantity to be loaded, the cargo number, and name of the vessel and the scheduled loading date. For tankers, notice will also include the size of the vessel and the expected time of arrival.

Notice of delivery will be furnished at least 72 hours in advance of the scheduled arrival date for tankers, and at least 48 hours in advance of the scheduled arrival date for barges. When anticipated vessel transit time to the loading point is less than 72/48 hours, the Government will provide the maximum notice practicable. Any change in the scheduled arrival date of less than 48 hours notice for barges and 72 hours notice for tankers will require verbal approval of the Contractor, confirmed in writing..

(ii) The Contractor shall provide as soon as possible, but within 3 hours after issue of notice of readiness to load from a barge and within 6 hours after the Contractor receives notice of readiness to load from a tanker, a reachable berth, free of cost to the Government, where the vessel can be safely moored and afloat with necessary access thereto PROVIDED, however --

(A) If the vessel is tendered for loading on a date earlier than the last agreed scheduled arrival date, the Government’s vessel shall be loaded as soon as possible in its proper turn with other vessels, and laytime 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 loading later than 12:00 noon of the day following the last scheduled arrival date, the vessel shall be loaded in its proper turn with other vessels. Laytime 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. If the vessel is not moored in its proper turn with other vessels, laytime will commence at 6:00 A.M. on the date the Government vessel’s turn occurred.

(iii) Laytime 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) Laytime, once started, shall continue 24 hours per day, 7 days per week, without interruption, from its commencement until loading of the barge or tanker is completed and hoses have been removed.

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

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

(B) FOR TANKERS: Thirty-six hours for load of full vessel cargo. When partial vessel cargoes are to be loaded, the 36 hours will be prorated based on quantities loaded by each supplier. The 36 hours includes allowances for routine events that occur in the loading process, such as cushioning and topping off of vessel tanks.

(vi) Hoses and loading arms for loading shall be furnished, connected, and disconnected by the Contractor.

(2) INCREASES TO BASIC ALLOWED LAYTIME.

(i) If, after laytime commences, the conditions or facilities of the barge or tanker to be loaded do not permit loading, basic allowed laytime 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 laytime shall be increased by the duration of the delay.

(iii) After laytime commences, when vessels are required to dock at anchorage due to vessel delays such as vessel inspection and inerting, laytime credit will be allowed for transit time from anchors away at anchorage until first line ashore berthing, not to exceed 2 hours.

(iv) If regulations of the owner or operator of the vessel prohibit loading at any time after laytime has commenced, time so lost shall be added to basic allowed laytime.

(v) If, for any reason, the Contractor is delayed in loading 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 laytime shall be increased by the duration of the delay.

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

(vii) Delays, after commencement of laytime, 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 laytime by one half of the delay time.

(3) PAYMENT OF DEMURRAGE. For all hours of laytime which elapse in excess of the basic allowed laytime for loading provided for by paragraph (1) above, 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 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY APR 2014)

(a) Contractor Registration. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. Contractors are strongly encouraged to establish a group email address for the primary email address for the contractor’s authorized point of contacts. The registered email addresses will be the only email used by the government to make notifications.

(b) All contractors must have an active System for Award Management (SAM) account, http://www.sam.gov in order to register for DIBBS.

(c) The Contractor shall use DIBBS to receive orders. DLA Energy will not be using DIBBS receipt of quotes capability. All quotations, proposals, bids shall be submitted in accordance with the terms and conditions of the solicitation.

(d) Preparation and Transmission of Orders

(1) The Government may issue an order for a specific delivery or a series of deliveries (e.g., several deliveries during a week). The Government may also elect to issue an order covering a longer period (including monthly orders) and make periodic calls against these orders designating specific delivery dates, times, and quantities.

(2) Only a DLA Energy warranted Contracting Officer can issue an order, either orally or in writing, against a contract. An oral order issued by the warranted Contracting Officer shall provide the required advance notice to the Contractor and the following information: Interim order number; contract number; item number; ceiling price; quantity; delivery location; and the required delivery and/ or service date.

(i) For all product orders, the Contractor will receive an electronically signed written order via DIBBS, within 24 hours or one business day after the warranted Contracting Officer issues an oral order.

(ii) For all service orders, the Contractor will receive an electronically signed written order via DIBBS, within five business days after issuing the oral order.

https://www.dibbs.bsm.dla.mil/ http://www.sam.gov/

(iii) Interim order number is subject to change once the electronically signed written order is received by the contractor. The order number on the written order will take precedence over the interim order number, if different.

(iv) Regardless of the unit price cited on the written order, the office designated to make payments on the written order will pay the applicable unit price in effect under the terms and conditions of the contract.

(v) Once the order has been issued, an email will be sent to the Contractor to provide notice that the order is available on the contract-specific web page. The order will also be submitted to the payment office.

(3) Calls against previously issued orders must be confirmed in writing within 24 hours or one business day via email message. The email confirmation will reference the previously issued order number and item number and designate specific delivery location, dates, and quantity to be delivered against that order.

(4) The Contractor’s nonreceipt of a written or electronic confirmation of an oral order or oral call against a written or electronic order does not relieve the Contractor from its obligation to perform in accordance with the oral order or oral call against a written or electronic order. The Contractor should contact the DLA Energy Contracting Officer if problems are experienced with receipt of the electronic or written confirmation.

F-0003 F1.14 DETERMINATION OF QUANTITY (STORAGE) (DLA ENERGY NOV 1997)

The total gallonage received into or shipped from the Contractor's facilities shall be determined as follows:

(a) RECEIPTS OR SHIPMENTS OF CRUDE AND FUELS OTHER THAN RESIDUAL FUELS (by transport truck of 3500 gallons or less) (truck and trailer combination when delivering same product will be considered as one container or conveyance). On an actual gallonage basis, without temperature correction.

(b) RECEIPTS OR SHIPMENTS OF RESIDUAL FUELS (in excess of 3500 gallons of crude or other fuels by tank car or transport truck). On a gallonage basis corrected to 60oF.

(c) RECEIPTS OR SHIPMENTS BY TANKER OR BARGE OR PIPELINE. On a gallonage basis corrected to 60oF. Quantities shipped or received will be determined on the basis of shore tanks or tender gauges taken by the Contractor and authenticated by the Quality Representative (QR). The ship or carrier's representative may participate in these determinations. During the gauging of shore tanks, the tanker, barge, or carrier's representative may participate in the quantity determinations, and, in the case of tanker/barge shipments or receipts, the Contractor may participate in the operations on board the tanker or barge which are required to determine the quantity of product in the tanker or barge cargo tanks.

(d) In the case of receipts, the Contractor shall sign the bill of lading and other related documents for the actual quantity received as determined above. When requested by the QR, the Contractor shall investigate losses or gains in connection with receipts or shipments to determine if the cause is at the Contractor’s…