SPE60318R0526-0002_w-Attachment_A.pdf

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

2. AMENDMENT/MODIFICATION NO.

4. REQUISITION/PURCHASE REQ. NO.

See Block 14

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE603 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE FACILITY CODE

SPE60318R0526

X

2018 JUN 29

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of OffersX is extended, X is not extended.

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A NAME AND TITLE OF SIGNER (Type or print)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

(a) By completing Items 8 and 15, and returning

DLA ENERGY

BULK PETROLEUM SERVICES

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

3. EFFECTIVE DATE

AUG 9, 2018

See Attached Continuation Sheet(s).

(X)

CHECK ONE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 2 OF 8 PAGES

SPE60318R0526 - 0002

CONTINUED ON NEXT PAGE

This amendment is issued to:

I) Revise the Performance Work Statement (PWS), Attachment I under solicitation SPE603-18-R-0526. The text highlighted within the PWS dated July 5, 2018 (Attachment I to this amendment) identifies the changes. All previous versions are hereby deleted.

II) Delete all pervious versions of solicitation provision FAR 52.212-2 (a), EVALUATION-COMMERCIAL ITEMS (OCT 2014) and revise to read as follows:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

FACTOR 1: TECHNICAL/MANAGEMENT

FACTOR 2: PAST PERFORMANCE

FACTOR 3: PRICE

Factor 1, Technical/Management and Factor 2, Past Performance are hereby combined to determine technical acceptability.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

III) Delete all previous versions of clause FAR 52.209-10 and revise to read as follows:

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

(a) Definitions. As used in this clause--

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.(End of clause)

IV) Revise title for solicitation clause FAR 52.219-28 to read as follows:

POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

V) Delete all previous versions of contract text L-0003-L82 and revise to read as follows:

L-0003-L82 WAGE DETERMINATION (DLA ENERGY FEB 2009)

This procurement is subject to Wage Determination Number CBA-2018-11186 dated 4/4/2018 as determined by the Administrator, Wage and Hour Public Contracts Division, U.S. Department of Labor. Register of Wage Determination and Fringe Benefits under the Service Contract Act is attached and made a part of this solicitation.

VI) The following DFARS provisions are deleted from SPE603-18-R-0526 in there entirety:

DFARS 252.222-7007

DFARS 252.204-7004

DFARS 252.204-7011

VII) Delete all previous versions of FAR 52.212-5 and revise as follows:

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 8 PAGES

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERICAL ITEMS (JUL 2018):

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

_X__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

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_X__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

_X__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

_X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.

S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.

O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

_X__ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

_X__ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

_X__ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.

S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307 (f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C.

3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

_X__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

_X__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.

S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

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_X__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-- Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

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(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

VIII) All other terms and conditions of the solicitation remains unchanged and all previous versions of the abovementioned revisions are hereby deleted.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 8 PAGES

Attachments

List of Attachments

File Name Description ATTACH_Attachment_I_of_

SPE60318R0526

Ta

PERFORMANCE WORK STATEMENT

FOR

DEFENSE FUEL SUPPORT POINT SERVICES

Location

GREATER LOS ANGELES BASIN, CALIFORNIA

As of 7/5/2018

Performance Work Statement (PWS) For

Defense Fuel Support Point Services Greater Los Angeles Basin, CA Area

1 Description and Purpose of Required Services

1.1 Requirement

1.2 Area of Consideration

1.3 Storage Capacity/Tank Requirements

1.4 Grade of Service

1.5 Physical System Requirements

1.6 Estimated Throughput Requirements

1.7 Inventory Control Records and System of Record Requirements

1.8 Additive Injection Requirements

2 General Information

2.1 Product Receiving Requirements

2.2 Product Shipping Requirements

2.3 Custody and Risk of Loss

2.4 Billing

2.5 Product Quality Surveillance

2.6 Ancillary Facilities

2.7 Quality Assurance Representative (QAR) Support

2.8 Contractor Manpower Reporting

2.9 Best Commercial Practices

3 Training Requirements

4 Deliverables

4.1 Contractor Detailed Plans

5 Contract Line Items (CLINs)

Appendix A Common Access Card (CAC) Procedures

1. DESCRIPTION AND PURPOSE OF REQUIRED SERVICES

1.1 Requirement: Defense Logistics Agency (DLA) Energy requires Defense Fuel Support Point (DFSP) services in the Greater Los Angeles Basin, California area for a four year period, with one five year option. The following terms and conditions are applicable to the requirement for contract services and ancillary facilities for receiving, storing, protecting, and shipping U.S.

Government owned aviation turbine fuel.

1.2 Area of Consideration: Greater Los Angeles Basin, California area, with the capability to receive aviation turbine fuel via commercial pipeline, and ship aviation turbine fuel via the Santa Fe Pacific Pipeline system.

1.3 Storage Capacity/Tank Requirements: 600,000 barrels storage (fill) capacity is required. A minimum of two tanks per fuel grade interconnected and isolated from other facilities and products handled within the storage facility is required. All storage must be available upon award at a single facility.

1.4 Grades of Service: Two grades of aviation turbine fuel. 300,000 barrels storage (fill) capacity of commercial grade Jet A, and 300,000 barrels storage (fill) capacity of military grade JP5. Jet A additive injection capability is required for outbound tank truck shipments as grade JAA (Jet A with additives).

1.5 Physical System Requirements: Storage and distribution facility capable of receiving, storing, protecting, and shipping U.S. Government owned aviation turbine fuel. The Contractor shall provide all data on proposed storage tanks regarding tank dimensions, tank type, tanks bottoms, calibrated capacity to include safe fill level, and tank cleaning and inspection data as part of their proposal (Reference requirements contained in contract text L-0004-L116.01 DATA REQUIREMENTS (STORAGE)(DLA ENERGY JAN 2013) and DLA Energy Quality Assurance Provision (QAP) E-0002 ENERGY-QAP E18)

1.6 Allowed Throughput: The U.S. Government will be entitled to 1,750,000 barrels of total throughput for each twelve month contract period, hereafter referred to as allowed throughput.

Allowed throughput is defined and calculated by adding the total number of barrels for each product type (Jet A and JP5) received and shipped in a twelve consecutive month period, divided by two, starting when the contract is placed on revenue after receiving the initial fill, and resetting on the anniversary date each following year. Allowed throughput does not include initial fill or final shipment.

1.6.1 Initial Fill and Final Shipment: The U.S. Government will be entitled to initial fill during the first year of the performance period, and final shipment during the last year of the performance period, at no additional cost. Initial fill is defined, as all receipts required filling the storage tanks to 100% of the awarded safe fill capacity for each product. Final shipment is defined as all shipments required withdrawing 100% of the awarded safe fill capacity.

1.7 Inventory Control Records and System Records (Inventory Data Input): The Contractor shall follow the physical inventory management procedures specified in applicable directives and contract clauses in accordance with DoD 4140.25M and DLA ENERGY Class IIIB Supply Chain Management Interim Policy and Procedural Guidance. The management of fuel inventories involves a full range of actions associated with order, requisition, receipt, transfer, issue, physical inventory and storage of fuel. The Contractor shall process inventory data of Government-owned product utilizing DLA Energy’s web based application Fuels Manager Defense (FMD). See I-00005-I119.04, INVENTORY CONTROL RECORDS AND SYSTEM OF RECORDS (DLA ENERGY JAN 2012) for additional information regarding the Governments inventory data requirements. The Contractor shall:

• Ensure that all orders, receipts, transfers, issues sales/credits, losses, gains and adjustments are properly documented.

• Maintain control over the physical environment to ensure proper product storage can take place with minimal losses.

• Ensure inventory variations are within allowable limits. Document, investigate, report, and take corrective action if necessary on excessive variations.

Refer to PWS section 3 Training Requirements for FMD and other training requirements.

To process FMD inventory data, the Contractor is required to obtain a Common Access Card (CAC) (see Appendix A CAC Procedures), or as a minimum obtain an External Certificate Authority (ECA). Authorized users who are not eligible for the CAC should refer to http://iase.disa.mil/pki/eca/index.html for current information on obtaining ECA provided certificates.

1.7.1 Inventory Access: The Contractor shall ensure The Government has full access to its complete inventory. DLA Energy Quality Assurance Representative/Contracting Officer’s Representative (QAR/COR), and other DLA Energy representatives will be provided access to FMD onsite as needed.

1.7.2 FMD Automated Data Processing (ADP) Equipment: The Contractor furnished ADP computer system shall meet the current commercial standards for a computer system capable of accomplishing the data reporting and records keeping required by FMD, email, maintaining the data collection and records keeping associated with product quality surveillance (product analysis and testing reports), and the document collection and records keeping associated with the contractor’s preventive maintenance program.

1.8 Additive Injection: The Contractor’s facility shall be capable of injecting additives to Jet A (to regrade to JAA) during shipping of product, on a 7 day per week 24 hours per day basis. If not required to inject additives, the Contractor will be instructed by DLA Energy QAR/COR or the Americas West (AMW) region office.

NOTE: All required additive injection will be accomplished IAW the most current version of

MIL-STD-3004, DEPARTMENT OF DEFENSE STANDARD PRACTICE: QUALITY

http://iase.disa.mil/pki/eca/index.html

ASSURANCE/SURVEILLANCE FOR FUELS, LUBRICANTS AND RELATED PRODUCTS, and the appropriate contract text(s).

1.8.1 Additives Required: The additives required for injection will be Government provided by DLA Energy AMW. The Contractor shall order, receive, store, inject, and maintain additives on specification at all times.

1.8.1.1 Fuel System Icing Inhibitor (FSII): The Contractor shall provide an injection system for Government provided FSII. FSII will be injected based on product specification requirements. The injection requirements that apply to Jet A stocks will be IAW CONTRACT

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

SYSTEM CONTRACTOR-OWNED CONTRACTOR-OPERATED (COCO) (DLA ENERGY

JAN 2014).

1.8.1.2 Static Dissipater Additive (SDA): The Contractor shall provide an injection system for Government provided SDA. SDA will be injected based on product specification requirements.

The injection requirements that apply to Jet A stocks will be IAW CONTRACT CLAUSE F-

0005-F45.01 OPERATION OF STATIC DISSIPATER ADDITIVE SYSTEM CONTRACTOR-

OWNED CONTRACTOR-OPERATED (COCO) (DLA ENERGY JAN 2014).

1.8.1.3 Corrosion Inhibitor/Lubricity Improver Additive (CI/LI): The Contractor shall provide an injection system for Government provided CI/LI. CI/LI will be injected based on product specification requirements. The injection requirements that apply to Jet A stocks will be

IAW CONTRACT CLAUSE F-0007-F45.04 OPERATION OF CORROSION

INHIBITOR/LUBRICITY IMPROVER ADDITIVE SYSTEM, CONTRACTOR- OWNED

CONTRACTOR-OPERATED (COCO) (DLA ENERGY JAN 2014).

1.8.2 Additive Storage/Injection Plan: Following contract award, the Contractor shall provide, a detailed additive plan that clearly demonstrates how they will receive, store, maintain, and inject the required additives to support the allowed throughput.

2. GENERAL INFORMATION

2.1 Product Receiving Requirements: The Contractor’s facility shall be capable of receiving aviation turbine fuel via tanker/barge on a 24-hour per day, 7-day per week basis at pumping rates compatible with the mode of transportation tendered (minimum 8,000 barrels per hour (BPH) for tankers and 2,000 BPH for barges), and via commercial/refinery pipeline system on a 24-hour per day, 7-day per week basis at a rate compatible with the mode tendered.

NOTE: Planning Factor for Receiving Requirement is a range of 1,250,000 BBLS to 1,750,000 BBLS per 12-month period regardless of receiving mode.

2.1.1 Receiving Dock Berthing and Mooring Facilities: The Contractor’s dock and berthing facilities will be capable of receiving and berthing tanker/barge not to exceed 46,000 deadweight tonnage (DWT), 700 feet length overall (LOA), with a minimum draft of 40 feet at the dock. The facilities should be equipped with a turning dolphin capable of accommodating the lateral forces induced when turning a vessel. The contractor shall provide a detailed description of any port restriction/ requirements and harbor or other fees associated with their proposal, along with height restrictions from ships manifold to the waterline during loading.

NOTE: The Contractor is required to provide, as part of its technical proposal, a detailed schematic of the berthing and mooring facilities showing the minimum and maximum capabilities to include current dredging charts for evaluation.

2.2 Product Shipping Requirements: The Contractor’s facility shall be capable of shipping aviation turbine fuel via tanker/barge and the Santa Fe Pacific Pipeline (SFPP) system on a 24-hour per day, 7-day per week basis at pumping rates compatible with the facility and mode of transportation tendered. Aviation turbine fuel shipped via the SFPP does not require additives.

2.2.1 Tank Truck: The Contractor’s facilities shall be capable of shipping aviation turbine fuel grade Jet A with additives (grade JAA, refer to 1.8 Additive Injection) via third party furnished tank trucks 24 hours per day, five (5) days per week (Monday through Friday). The Contractor’s tank truck loading and shipping facility must be equipped with a Scully overfill protection system (or compatible), and capable of loading and shipping a maximum of four 8,000 gallon tank trucks per hour.

NOTE: Planning Factor for the Shipping Requirement is a range of 1,250,000 BBLS to 1,750,000 BBLS per 12-month period regardless of shipping mode.

2.2.2 Tank Truck Loading and Shipping Facility: The Contractor’s tank truck loading and shipping facility shall provide unrestricted access to third party furnished tank trucks, be capable of bottom loading product, be equipped with a Scully overfill protection system (or compatible), be equipped with temperature compensating meters to accurately measure the product being loaded, and be able to load a maximum of four 8,000-gallon tank trucks per hour. The Contractor’s tank truck loading facilities shall be in compliance with federal, state, and local environmental laws and regulations based upon the type of product being loaded.

2.3 Custody and Risk of Loss: Custody and risk of loss is as stated below.

2.3.1 Marine Receipts: Custody and risk of loss of product delivered by tanker or barge will pass from the carrier to the Contractor when the fuel passes the vessel’s permanent hose connection.

2.3.2 Pipeline Receipts: Custody and risk of loss of product delivered by commercial pipeline will pass from the carrier to the Contractor when the fuel passes the first flanged pipe connection owned by the Contractor.

2.3.3 Tank Truck Issue: Custody and risk of loss of product issued to tank truck will pass from the Contractor to the carrier when the fuel passes the tank truck’s first permanent hose connection.

2.3.4 Pipeline Issue: Custody and risk of loss of product issued by the Contractor will pass from the Contractor to SFPP at the first flanged connection owned by SFPP.

2.3.5 Marine Issues: Custody and risk of loss of product issued to tanker or barge will pass from the Contractor to the vessel when the fuel passes the vessel’s permanent hose connection.

2.4 Billing: Unless otherwise directed, the Contractor shall prepare and distribute Government bills of lading and all necessary documentation required in receipt and/or issuing of product.

Bills of lading, routing instructions, and transportation assistance will be furnished by the DLA Energy AMW region office.

2.5 Product Quality Surveillance: The Contractor shall be responsible for maintaining the quality of the Government owned aviation turbine fuel stored at the Contractor’s facility in accordance with the most current version of MIL-STD-3004, DEPARTMENT OF DEFENSE

STANDARD PRACTICE: QUALITY ASSURANCE/SURVEILLANCE FOR FUELS,

LUBRICANTS AND RELATED PRODUCTS. No petroleum products will be received or shipped without first determining, and confirming conformance with product quality requirements. No conveyance/container will be loaded until the Contractor inspects, and deems suitable to carry the intended product. Products will be shipped on a first-in, first-out basis unless otherwise approved or directed by the QAR/COR or AMW region office. Non-conforming product will be reported to the QAR/COR or AMW region office immediately. Anytime product is received into a tank, the tank’s contents will be suspended from issue pending quality conformance sampling and testing. The Contractor will ensure that certificates of quality conformance (test reports) are maintained on file for all on-hand fuel stocks.

2.5.1 Contaminated Product Reimbursement: The Contractor shall reimburse the U.S.

Government the cost of the product, and the cost of disposal or remediation for all products that become contaminated while at the Contractor’s facility due to Contractor negligence.

2.5.2 Off Specification Product Reporting: The contractor shall report immediately to DLA Energy QAR/COR or the AMW region office all receipts or on hand stocks that fail to meet product quality for receipt, storage, or shipment in accordance with latest revisions of MIL-STD- 3004. Suspected off specification product will be isolated and will not be released for shipment until authorized by the DLA Energy QAR/COR or AMW region office.

2.5.3 Laboratory Testing Requirements: The contractor is required to perform laboratory testing in accordance with the latest revisions of MIL-STD-3004, Table IX Minimum Sampling and Testing Requirements for Petroleum Products and sampling in accordance with

STANDARD PRACTICE FOR MANUAL SAMPLING OF PETROLEUM AND

PETROLEUM PRODUCTS (API MANUAL OF PETROLEUM MEASUREMENT

STANDARDS (MPMS), Chapter 8.1) and/or ASTM D4057. At a minimum, the contractor shall either have Type C level testing capability at its facility or subcontract to perform tests. The contractor must provide very detailed information in its offeror submission package (OSP) and allow DLA Energy to evaluate for final approval. Information to include at a minimum:

laboratory name, location, testing capabilities, employee proficiency, testing turn-around time and POCs.

fby9170 Highlight

The Contractor shall be capable of petroleum product sampling IAW API MPMS and/or ASTM D4057 of vessels, barges, tank trucks, storage tanks, pipelines as it applies to location.

Contractor shall maintain a supply of 10 unused epoxy lined fuel sample shipping containers for DLA Energy use or emergency need. Sample containers shall be stored to ensure they are clean and free from all substances that may contaminate the product being sampled. Containers must meet the following specifics: Complies with ASTM D-4306, height not to exceed 9 inches, diameter not to exceed 7 inches, capacity 1 USG, bung plug ¾” with lock-wire hole, carrying handle able to be shipped as hazardous material.

The Contractor shall be responsible for transporting all petroleum samples from job site to its laboratory or its subcontracted laboratory in accordance with local, state or federal laws.

Note: If the contractor plans to acquire the services of a subcontractor to perform certain tests and/or functions, the contractor is required to provide that information in the Technical Proposal and include a comprehensive plan that at a minimum includes the following information: sub-contracted laboratory name, POC, location and address, mode of transportation to sub-contracted laboratory, how to protect chain of custody and avoid sample contamination and turn-around time when the sample results will be received.

2.5.4 Additional Samples: The Contractor shall provide to the Government representative samples of any product being stored, shipped, or received under the contract, at the request of, and in the manner designated by the QAR. These samples will be provided in addition to samples required elsewhere in the contract. The total number of these samples to be provided during any 12-month period will not exceed eight times the number of tanks specified in the contract. The packing, marking, shipping, and the associated costs, will be the responsibility of the Contractor. The Contractor will provide the Government representative samples of any product being stored, shipped, or received under the contract IAW Contract Provision E-0005

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

2.6 Ancillary Facilities: The Contractor’s facilities to be furnished under this requirement will include, as a minimum, the following:

2.6.1 Tanks: All tanks and facilities offered must meet the minimum requirements of the current American Petroleum Institute (API) standards, National Fire Protection Association (NFPA) codes, and/or all federal, state, and local laws and/or regulations applicable to tanks and facilities of the type to be provided. The tanks will be interconnected to provide the capability of recirculating and filtering of product between tanks. Each storage tank will be equipped with a fuel/water separation system for collection of all product or water dispensed from its bottom water drain(s).

2.6.2 Filtration: Contractor furnished fuel filtration/separation system is required. The fuel filtration/separation system must be of the kind that meets the specifications outlined in the current API Publication 1581, “Specifications and Qualification Procedures – Aviation Jet Fuel Filter/Separator.” Normal filter replacement is at contractor’s expense. All costs for filters, disposal, labor, and supplies will be included in the contract price.

2.6.3 Lighting: The facility must be equipped with illumination to allow receipt/issue operations during hours of darkness.

2.7 Quality Assurance Representative Support

2.7.1 Telephone Support: The Contractor shall provide access to a telephone as needed.

2.7.2 Facsimile Machine: The Contractor shall provide access to a facsimile machine as needed.

2.7.3 Photocopier Machine: The Contractor shall provide access to a photocopy type reproduction machine that is capable of handling letter and legal size copies. The Contractor shall provide sufficient quantities of both sizes of paper to meet the terminal's and QAR/COR’s copy requirements.

2.8 Contractor Manpower Reporting: The Contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Defense Logistics Agency via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data will be reported no later than October 31 of each calendar year, beginning after contract award.

Contractors may direct questions to the help desk at: http://www.ecmra.mil.

2.9 Best Commercial Practices: In the absence of any contract provisions or references to a method, specifications or other instruction, the Contractor shall perform all services hereunder in accordance with best commercial practices.

3. TRAINING REQUIREMENTS: The contractor shall ensure personnel are trained by job classification. The contractor is responsible to meet the following training requirements and certification:

a. The Energy Account Transaction Processor/Recorder shall complete the Fuels

Management Defense (FMD-9) course and shall obtain a Common Access Card (CAC) in accordance with Appendix A of the PWS or as a minimum obtain an External Certificate Authority (ECA) as required in DLA Energy P-7, P-26 and P-32. Authorized users who are not eligible for the CAC should refer to http://iase.disa.mil/pki/eca/index.html and http://iase.disa.mil/pki/eca/Pages/index.aspx.

b. Terminal Manager(s) – TM and Inventory Manager (s) shall complete the training as required in DLA Energy P-7, P-26 and P-32. Upon appointment, ROs, TMs, and PAs shall first complete the RO/TM/PA Computer Base Training (CBT) course and then, within 90 days of appointment, attend the Joint Terminal Managers & Responsible Officers Course. They must also complete the RO CBT every two years for refresher http://www.ecmra.mil/ http://www.ecmra.mil./ http://iase.disa.mil/pki/eca/index.html http://iase.disa.mil/pki/eca/Pages/index.aspx training. Additionally, the RO, TM and PA may attend the formal training course after three years in order to remain current on DLA Energy and DoD policy and application changes. Prospective eligible applicants shall apply through the Online Registration Tool located at: http://www2.dla.mil/Registration/Registration.aspx. CBT training requirements for DFSP personnel are located at https://east.esps.disa.mil/dod/dla/dlaenergy/SitePages/Home.aspx.

Note: DLA provides a course of instruction at a Training Facility in Alexandria, VA or at www.fuelstraining.com. The duration of the training is as follow: three weeks for FMD-9 for accountants and one week for RO/TM/PA. The contractor shall factor in all travel and any other expenses for their personnel to attend the course in the CONUS COCO Monthly Service Price.

4. DELIVERABLES

4.1 Contractor Detailed Plans: Following contract award, the Contractor will have 60 days, unless otherwise indicated, to submit the COR reviewed plans to the Contracting Officer for review and acceptance. The detailed plans listed below will be reviewed by the COR prior to submitting to the Contracting Officer. The plans are considered dynamic documents and will be updated, as required, throughout the contract period.

4.1.1 Contract Compliance Plan (CCP): The Contractor is responsible for ensuring compliance with all contract performance requirements. As such, the Contractor shall develop an inspection system acceptable to the Government for monitoring overall contract performance. The inspection system is to include a written (CCP) developed and used by the Contractor to measure performance on a continuous basis. The CCP will include performance based plans.

o General performance criteria will include the Contractor’s ability to provide continuous support capabilities as specified in this PWS.

o Record keeping and reporting procedures pertaining to administrative requirements.

o Bulk storage operations.

o Facility/equipment maintenance.

The CCP will include time specific checklists for evaluation of all operational and preventive maintenance requirements. The CCP will address procedures for corrective actions including the resolution of Corrective Action Report (CAR) and Quality Deficiency Reports (QDR) generated by the Contracting Officer’s Representative (COR).

Within 30 days after award the Contractor will submit the CCP to the COR for review prior to forwarding to the Contracting Officer for final approval. The CCP will be made available for Government review, upon request, at any time during the contract performance period. The CCP may be used by the COR for monitoring and assessing contract performance.

https://east.esps.disa.mil/dod/dla/dlaenergy/SitePages/Home.aspx http://www.fuelstraining.com/

4.1.2 Product Quality Control Plan (QCP): The Contractor shall provide a comprehensive and detailed plan that will ensure that products handled by the Contractor remain on specification.

The plan will include sampling, testing methods, equipment, documentation of tests, records keeping, and actions to be taken in the event of unacceptable test results. The plan will describe how product quality surveillance data will be documented and reported. The plan will identify responsible parties for the functions.