SPE603-19-R-0508_RFP.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0077839896

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE603-19-R-0508

6. SOLICITATION ISSUE

DATE

2019 MAY 15

a. NAME

Eileen Spears DES0766

b. TELEPHONE NUMBER (No Collect calls)

Phone: 571-767-2744

8. OFFER DUE DATE/

LOCAL TIME

2019 JUL 01

9. ISSUED BY CODE SPE603

DLA ENERGY

BULK PETROLEUM SERVICES

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

NAICS: 493190

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

12:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 4 PAGES

SPE603-19-R-0508

CONTINUED ON NEXT PAGE

Please note, SF1449 is revised to read Page 1 of 235.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 4 PAGES

SPE603-19-R-0508

Form

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN

SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE

WEB AT:

http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN

EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF

THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-

ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

Part 12 Clauses

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

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

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

INFORMATION (OCT 2016) DFARS

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) DFARS

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

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) DFARS

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) DFARS

Attachments

List of Attachments

File Name Description

ATTACH_SPE603_19_R_0

508_Attachment_I_PWS

SECTION A - Planning & Solicitation

ATTACH_SPE603_19_R_0

508_Attachment_II_OSP

SECTION A - Planning & Solicitation

ATTACH_SPE603_19_R_0

508_Attachment_III_DLAE

_QAP_s

SECTION A - Planning & Solicitation

ATTACH_SPE603_19_R_0

508_Attachment_IV_PP_C onsent_Form

SECTION A - Planning & Solicitation

ATTACH_SPE603_19_R_0

508_Attachment_V_PP_Q uestionnaire

SECTION A - Planning & Solicitation

ATTACH_SPE60319R0508

_RFP_Attachment

SECTION A - Planning & Solicitation

Part 12 Provisions

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

SOLICITATION SPE603-19-R-0508

COCO Storage

Hachinohe, Japan

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

NOTE: See FAR 52.212-1- INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Deviation 2018-0018)(OCT 2018) and Addendum and FAR 52.212-2- EVALUATION – COMMERCIAL ITEMS (OCT 2014) for complete instructions on how to submit a proposal.

A. Attached is the Request for Proposal Number SPE603-19-R-0508 for fuel storage and handling facilities capable of receiving, storing, protecting, maintaining, and issuing 59,000 barrels of Jet A-1 or JP-8 in Hachinohe Japan.

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

C. DLA ENERGY-FESBB is the designated office for receipt of offers. Your proposal must be received no later than 12:00 PM local Fort Belvoir, VA (EST) time on July 01, 2019. All offerors shall clearly mark all envelopes/packages sent in response to this solicitation with the words: "OFFERED UNDER SOLICITATION SPE603-19-R-0508.” Mailed offers should be mailed to the following address:

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

ATTN: DLA Energy-FESBB Bid Custodian Room 2945 ATTN: DLA Energy-FESBB Bid Custodian Room Defense Logistics Agency Energy Eileen Spears / Telephone 571-767-2744 8725 John J. Kingman Road, Suite 2945 Defense Logistics Agency Energy Fort Belvoir, VA 22060-6222 8725 John J. Kingman Road, Suite 4950 Fort Belvoir, VA 22060-6222

FOR VERIFICATION OF RECEIPT: Contact Eileen Spears at (571)-767-2744.

D. FAXED PROPOSALS ARE NOT AUTHORIZED. Please e-mail your proposal to bidcustodian@dla.mil with copy to eileen.spears@dla.mil and shane.banks@dla.mil. All e-mail proposals MUST be followed-up with the hard copy (consisting of three volumes as outlined below) NO LATER THAN (10) 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:

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 II –

OFFEROR

SUBMISSION

PACKAGE

None

III Past Performance 1 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 (Deviation 2018-0018)(OCT 2018) with its’ Addendum. Your prices must be inserted in DLA Energy Contract Text 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 with discussions. This procurement is issued using the Lowest Price Technically Acceptable process IAW FAR 15.101-2. 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 SUSPENSION/DEBARMENT/INELIGIBILITY: Any contract awarded to a Contractor who, at the time of award was suspended, debarred, or 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 costs 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.

K. QUESTIONS RELATING TO THIS SOLICITATION: Must be emailed to Eileen Spears at eileen.spears@dla.mil or Shane Banks, at shane.banks@dla.mil no later than 2:00 P.M. local time (Fort Belvoir, VA) on WEDNESDAY June 05, 2019. Please reference the Solicitation Number in the SUBJECT LINE of your email. All responses will be provided via an amendment to the solicitation.

CONTENTSSECTION B ‐ SUPPLIES OR SERVICES AND PRICES OR COSTS 12

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

SECTION C ‐ SPECIFICATIONS/SOW/SOO/PWS 16

C‐0001‐C19.01 SECURITY AND FIRE PROTECTION (DLA ENERGY AUG 1988) 16

C‐0002‐C19.04 REMOVAL OF WATER BOTTOMS (DLA ENERGY FEB 1998) 16

SECTION E – INSPECTION AND ACCEPTANCE 17

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

E‐0001‐ENERGY QAP E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF

SERVICES (DLA ENERGY JAN 2012) 17

E‐0002‐ENERGY QAP E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000) 18

E‐0003‐ENERGY QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA

ENERGY) (FEB 2017) 18

E‐0004‐ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY)

(APR 2016) 18

E‐0005‐ENERGY QAP E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) DEC 2011 18

E‐0006‐ENERGY QAP E34 TEST FOR SULFIDES IN WATER (DLA ENERGY MAY 1987 18

E‐0007‐ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) 18

E‐0008‐ENERGY QAP E36 INSPECTION (STORAGE)(DLA ENERGY) (FEB 1970) 18

SECTION F – DELIVERIES OR PERFORMANCE 18

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

F‐0001‐F1.04 GENERAL RECEIVING AND STORING CONDITIONS (DLA ENERGY DEC 2017) 19

F‐0002‐F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997) 22

F‐0003‐F1.11 DLA INTERNET BID BOARDS SYSTEM (DIBBS)(DLA ENERGY APR 2014) 26

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

F‐0005 F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE)(DLA ENERGY DEC 1991)

SECTION G – CONTRACT ADMINISTRATION DATA 29

FAR 52.232‐33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT

(OCT 2018) 29

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

(DEC 2018) 31

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

G‐0001‐G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 36

G‐0002‐G9.07‐5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER

SYSTEM (DLA ENERGY JAN 2012) 37

G‐0003‐G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA ENERGY MAY 2009) 38

G‐0004‐G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA ENERGY JUL 1997) 38

SECTION H – SPECIAL CONTRACT REQUIREMENTS 39

DFARS 252.225‐7976 CONTRACTOR PERSONNEL PERFORMING IN JAPAN 39

(DEVIATION 2018‐O0019)(AUG 2018) 39

H‐0001 H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992) 50

H‐0002 H11 GUARD SERVICE (DLA ENERGY MAR 1982) 51

H‐0003 ‐ H19.01 REPORTING AND CONTAINING OIL SPILLS (OVERSEAS STORAGE) (DLA ENERGY JAN

1982) 51

SECTION I – CONTRACT CLAUSES 51

FAR 52.202‐1 DEFINITIONS (NOV 2013) 51

FAR 52.203‐3 GRATUITIES (APR 1984) 52

FAR 52.203‐6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) ALT I

(OCT 1995) 52

FAR 52.203‐12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) 53

FAR 52.203‐13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015) 57

FAR 52.203‐19 PROHIBITION ON REQUIRING CERTAIN INTERNAL ONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017) 60

FAR 52.204‐4 PRINTED OR COPIED DOUBLE‐SIDE ON RECYCLED PAPER (MAY 2011) 61

FAR 52.204‐9 PERSONAL INDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) 61

FAR 52.204‐10 REPORTING EXECUTIVE COMPENSATION AND FIRST‐TIER SUBCONTRACT AWARDS

(OCT 2018) 62

FAR 52.204‐13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) 66

FAR 52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) 68

FAR 52.204‐21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUNE

2016) 69

FAR 52.209‐6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015) 71

FAR 52.209‐9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018) 72

FAR 52.209‐10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) 73

FAR 52.212‐4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018) 74

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

CHANGES ‐‐ FIXED PRICE (AUG 1987) ALT I (APR 1984) 80

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

ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997) 81

52.212‐5 ‐‐ CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE

ORDERS – COMMERCIAL ITEMS (JAN 2019) 81

FAR 52.217‐8 OPTION TO EXTEND SERVICES (NOV 1999) 90

FAR 52.217‐9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 90

FAR 52.222‐50 COMBATING TRAFFICKING IN PERSONS (JAN 2019) 91

FAR 52.223‐18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

(AUG 2011) 100

FAR 52.225‐13 RESTRICTIONS ON CERTAIN FOREING PURCHASES (JUN 2008) 101

FAR 52.225‐14 – INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT

(FEB 2000) 102

FAR 52.229‐6 ‐‐ TAXES – FOREIGN FIXED‐PRICE CONTRACTS (FEB 2013) 102

FAR 52.232‐39 UNENFORECEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 104

52.233‐1 DISPUTES ALTERNATE I (MAY 2014) 105

FAR 52.233‐3 PROTEST AFTER AWARD (AUG 1996) 106

FAR 52.233‐4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 107

FAR 52.242‐13 BANKRUPTCY (JUL 1995) 107

FAR 52.244‐5 COMPETITION IN SUBCONTRACTING (DEC 1996) 108

FAR 52.245‐1 GOVERNMENT PROPERTY (JAN 2017) 108

FAR 52.245‐9 – USE AND CHARGES (APR 2012) 123

FAR 52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 125

DFARS 252.201‐7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) 125

DFARS 252.203‐7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS. (SEP 2011) 126

DFARS 252.203‐7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP

2013) 127

DFARS 252.203‐7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012) 127

DFARS 252.204‐7000 DISCLOSURE OF INFORMATION (OCT 2016) 127

DFARS 252.204‐7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 128

DFARS 252.204‐7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (OCT 2016) 128

DFARS 252.204‐7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016) 134

DFARS 252.205‐7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) 135

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) 135

DFARS 252.211‐7007 REPORTING OF GOVERNMENT‐FURNISHED PROPERTY (AUG 2012) 135

DFARS 252.225‐7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017) 139

DFARS 252.225‐7041 CORRESPONDENCE IN ENGLISH (JUN 1997) 143

DFARS 252.225‐7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015) 143

DFARS 252.229‐7001 TAX RELIEF (SEP 2014) 143

DFARS 252.232‐7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997) 144

DFARS 252.232‐7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 145

DFARS 252.233‐7001 CHOICE OF LAW (OVERSEAS) (JUN 1997) 145

DFARS 252.237‐7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR

PERSONNEL (JUN 2013) 146

DFARS 252.243‐7001 PRICING OF CONTRACT MODIFICATION (DEC 1991) 146

DFARS 252.243‐7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) 146

DFARS 252.244‐7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS

(DOD CONTRACTS) (JUN 2013) 147

DFARS 252.245‐7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT‐FURNISHED PROPERTY

(APR 2012) 148

DFARS 252.245‐7002 REPORTING LOSS OF GOVERNMENT PROPERTY (DEC 2017) 148

DFARS 252.245‐7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR

2012) 149

DFARS 252.245‐7004 REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017) 151

DFARS 252.247‐7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (FEB 2019) 155

DLAD 52.204‐9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (JUL 2015) 158

DLAD 52.233‐9001 DISPUTES‐AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016)

I‐0001‐I1.01‐4 DEFINITIONS (CONT’D)(STORAGE) (DLA ENERGY JUNE 2009) 163

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

ENERGY FEB 1996) 165

I‐0003‐I116 RESPONSIBILITY FOR GOVERNMENT‐OWNED PETROLEUM PRODUCTS (DLA ENERGY JAN

2012) 165

I‐0004‐ I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DLA ENERGY AUG 2017)

I‐0005‐I147 DEMURAGE (DLA ENERGY NOV 1989) 172

I‐0006‐I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN 2012) 172

I‐0007 I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) IMPLEMENTATION (SEP 2009) 173

SECTION J – LIST OF ATTACHMENTS 173

ATTACHMENT I – PERFORMANCE WORK STATEMENT 174

ATTACHMENT II – OFFEROR’S SUBMISSION PACKAGE (OSP) 174

ATTACHMENT III – DLA ENERGY QUALITY ASSURANCE PROVISIONS (QAPS) 174

ATTACHMENT IV – PAST PERFORMANCE INFORMATION DISCLOSURE CONSENT 174

ATTACHMENT V – PAST PERFORMANCE QUESTIONNAIRE 174

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS 174

FAR 52.203‐2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 174

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

FEDERAL TRANSACTIONS (SEPT 2007) 175

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

CONFIDENTIALITY AGREEMENTS OR STATEMENTS – REPRESENTATION (JAN 2017) 175

FAR 52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) 176

FAR 52.204‐17 OWNERSHIP OR CONTROL OF OFFEROR (JULY 2016) 177

FAR 52.204‐20 PREDECESSOR OF OFFEROR (JULY 2016) 178

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

REPRESENTATION (NOV 2015) 179

FAR 52.209‐5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) 179

FAR 52.209‐7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 181

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 183

FAR 52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (AUG 2018)

ALTERNATE I (OCT 2014) 184

FAR 52.222‐56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015) 204

FAR 52.223‐1 BIOBASED PRODUCT CERTIFICATION (MAY 2012) 204

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

(NOV 2011) 205

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

COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (DEC 2018) 205

DFARS 252.247‐7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) 207

K‐0001‐K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 207

K‐0002‐K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 207

K‐0003‐K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY

MAY 2014) 207

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 208

FAR 52.204‐7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 208

FAR 52.212‐1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (DEVIATION 2018‐O0018) (OCT 2018) 210

ADDENDUM TO 52.212‐1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS 215

FAR 52.214‐34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) 221

FAR 52.214‐35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) 221

FAR 52.216‐1 TYPE OF CONTRACT (APR 1984) 221

FAR 52.233‐2 SERVICE OF PROTEST (SEP 2006) 221

FAR 52.252‐1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 222

FAR 52.252‐5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) 222

DFARS 252.204‐7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016) 222

DFARS 252.215‐7008 ONLY ONE OFFER (OCT 2013) 223

L‐0001‐L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 225

L‐0002‐L2.11‐4 E‐MAIL PROPOSALS (DLA ENERGY OCT 2010) 225

L‐0003‐L116.01 DATA REQUIREMENTS (STORAGE) (DLA ENERGY JAN 2013) 226

SECTION M – EVALUATION FACTORS FOR AWARD 227

FAR 52.212‐2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) 227

FAR 52.217‐5 EVALUATION OF OPTIONS (JULY 1990) 234

M‐0001‐M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 235

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:

CONTRACT LINE ITEM 0001 – OCONUS COCO STORAGE SERVICES, V20000404:

(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, Attachment I of this solicitation) and all other terms and conditions set forth herein, during the base period of August 15, 2019 through August 14, 2023 (4 years).

AREA(S) OF CONSIDERATION: Hachinohe, Japan area

The prices for the services and facilities to be provided during the FOUR-YEAR performance period August 15, 2019 through August 14, 2023 (4 years), as described in the Performance Work Statement, includes the following:

LINE ITEM 0001 (BASE):

TANK

NO.

PRODUCT

TYPE

SHELL

CAPACITY

(BARRELS)

FILL

CAPACITY

(BARRELS)

OCONUS COCO

STORAGE

SERVICES

(MONTHLY USE

COCO CHARGE)1

ANNUAL

STORAGE

USE

CHARGE

TOTAL

PRICE(4

YEARS)

TOTAL PRICE: $ $ $

Prices under CLIN 0001 shall include pricing for all services and requirements included in the Performance Work Statement (PWS), Attachment I of this solicitation.

NOTE1: A fill capacity quantity of 59,000 barrels is required. Monthly and Annual Storage Charges shall be based on this quantity. Additionally, Monthly Usage prices when multiplied by 12 months should equate to the Annual Storage Usage Charge as stated in the above chart. All

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

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.

NOTE: For evaluation purposes: EXTP will be evaluated at 100,000 US Gallons. The price offered for EXTP will be added to the Offeror’s total price. The EXTP per gallon price is:

IAW 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:

Tank Monthly OCONUS COCO Storage Service Price

Annual Storage Use Charge

Daily Reduction/Addition Per Tank When Removed From/Returned To Revenue

IAW E18

LINE ITEM 0002 (OPTION 1): OCONUS COCO Storage Services, V20000404: (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, Attachment I of this solicitation) and all other terms and conditions set forth herein, during the option period of August 15, 2023 through August 14, 2028 (5 years).

AREA(S) OF CONSIDERATION: Hachinohe, Japan area

The prices for the services and facilities to be provided during the FIVE-YEAR performance period (August 15, 2023 through August 14, 2028), as described in the Performance Work Statement, includes the following:

TANK

NO.

PRODUCT

TYPE

SHELL

CAPACITY

(BARRELS)

FILL

CAPACITY

(BARRELS)

OCONUS COCO

STORAGE

SERVICES

(MONTHLY USE

COCO CHARGE)2

ANNUAL

STORAGE

USE

CHARGE

TOTAL

PRICE

(4 YEARS)

TOTAL PRICE: $ $ $

Prices under CLIN 0002 shall include pricing for all services and requirements included in the Performance Work Statement (PWS), Attachment I of this solicitation.

NOTE: A fill capacity quantity of 59,000 barrels is required. Monthly and Annual Storage Charges shall be based on this quantity. Additionally, Monthly Usage prices when multiplied by 12 months should equate to the Annual Storage Usage Charge as stated in the above chart. All dedicated line fill (if applicable) should be captured on a separate line above notated as “Dedicated Line Fill.” The Government shall have the right to utilize the total Fill Capacity of above identified tanks at no increase to the offered storage charges.

NOTE: For evaluation purposes: EXTP will be evaluated at 100,000 U. S. Gallons. The price offered for EXTP will be added to the Offeror’s total price. The EXTP per gallon price is:

NOTE: In accordance with (IAW) 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 offered prices under DLA Energy Contract Provision B-

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

IAW 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 0002 (CONUS COCO Storage Services) for utilization during the month in which the tank is removed from/returned to revenue for cleaning/inspection for each tank offered should be annotated in the chart below:

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

Tank Monthly OCONUS 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. If alternate tankage was not offered under E18 and will not be utilized when cleaning/inspection occurs, the rates in the above chart will be utilized when subject tank is out of service. Rates above shall be determined for each tank offered under line item 0002 by utilizing the following formula:

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

SECTION C - SPECIFICATIONS/SOW/SOO/PWS

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

Refer to Attachment I.

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

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

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

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

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

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

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

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

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

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

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

SECTION E – INSPECTION AND ACCEPTANCE

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

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

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

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

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

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

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

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

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

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

(2) Terminate the contract for default.

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

INCORPORATED IN FULL TEXT UNDER ATTACHMENT III OF THIS SOLICIATION

E-0001-Energy QAP E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT

INSPECTION OF SERVICES (DLA ENERGY JAN 2012)

E-0002-ENERGY QAP E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000)

E-0003-ENERGY QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM

STORAGE TANKS (DLA ENERGY) (FEB 2017)

E-0004-ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY

CONTRACTS (DLA ENERGY) (APR 2016)

E-0005-ENERGY QAP E28 CONTRACTOR INSPECTION RESPONSIBILITIES

(STORAGE) DEC 2011

E-0006-ENERGY QAP E34 TEST FOR SULFIDES IN WATER (DLA ENERGY MAY

E-0007-ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA

ENERGY DEC 2011)

E-0008-ENERGY QAP E36 INSPECTION (STORAGE)(DLA ENERGY) (FEB 1970)

SECTION F – DELIVERIES OR PERFORMANCE

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

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause.

Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

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

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

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

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

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

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

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

DEC 2017)

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

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

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

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

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

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

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

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

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

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

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

(enter reason for the action)

Signature of Contractor Representative

[ ] I concur with the Contractor’s certification.

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

Signature of Quality Representative

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) INCREASES TO BASIC ALLOWED LAY TIME.

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

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

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

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

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

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

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

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

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

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

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

"I certify that the above supplies were (a) in the quantity indicated, (b) taken from Government-owned and approved stocks and (c) loaded into inspected and approved containers. 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, 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, periodically inspect, 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. The Contractor will furnish such seals. 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.