SPE603-19-R-0514__RFP_.pdf

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(SIGNATURE OF CONTRACTING OFFICER)

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SOLICITATION SPE603-19-R-0514

JPTS Storage Service in the Area of Houston, TX / Galveston Bay

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

Note: See FAR 52.212-1- INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (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 Solicitation SPE603-19-R- 0514 for the procurement of Contractor-Owned, Contractor- Operated (COCO) fuel services at Houston, Texas / Galveston Bay. In accordance with (IAW) the Performance Work Statement (PWS), these services include: receive, store, protect, and issue one grade of U.S. government owned Jet Propellant Thermally Stable (JTPS) in the Houston, Texas / Galveston Bay area as described in the attached Performance Work Statement (PWS).

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

C. Questions pertaining to this solicitation (SPE603-19-R-0514) should be submitted via email to

Rondaski.Burley@dla.mil with copy to Alicia.Williams@dla.mil no later than September 17, 2019 All responses will be posted in https://www.fbo.gov/ (FedBizOpps) through an amendment to the solicitation.

D. Your proposal must be received no later than 9:00 AM local time Fort Belvoir, VA on October 08, 2019. For verification of receipt, contact Rondaski Burley at Rondaski.Burley@dla.mil.

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

bidcustodian@dla.mil with copy to Rondaski.Burley@dla.mil. All e-mail proposals MUST include three volumes as outlined below. 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 PDF electronic copy 70

II

Offeror Submission Package (OSP) includes Price Proposal

PDF electronic copy of Attachment III – OFFEROR SUBMISSION PACKAGE None

III Past Performance

PDF electronic copy Note: PPQs have to be submitted from references directly to bidcustodian@dla.mil with cc. to Rondaski.Burley@dla.mil

None

Complete and return the PDF electronic copy of the Offeror Submission Package and the PDF electronic copy of the Technical Proposal with submissions as described in 52.212-1 INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (OCT 2018) with addendum. Your prices must be inserted in Clause B0001 B34.01 SERVICES TO BE FURNISHED (DLA ENERGY FEB 1991) in the Offeror Submission Package.

mailto:Rondaski.Burley@dla.mil mailto:Alicia.Williams@dla.mil https://www.fbo.gov/ mailto:Rondaski.Burley@dla.mil mailto:bidcustodian@dla.mil file://dir.ad.dla.mil/org_share/ENERGY/DESC-DO/FES/FESB/FESBA/Active%20Solicitations/SPE603-19-Q-0500%20(JPTS,%20Houston,%20Texas)/SECTION%20A%20-%20PLANNING%20AND%20SOLICIATION/TAB%209%20%20-%20SOLICITATION%20&%20AMENDMENTS/Rondaski.Burley@dla.mil.%20%20 mailto:bidcustodian@dla.mil

F. Any exception to any part of this solicitation must be specifically identified in a cover letter to your proposal.

G. The Government intends to evaluate proposals and award a contract after discussions with all responsible Offerors in the competitive range. This procurement will use source selection procedures using the lowest price technically acceptable process in accordance with 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.

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

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

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

K. 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 costs tied to solicitation requirements but not factored into the proposed prices, either by the contractor’s intention or by mistake.

JPTS Storage Service in the Area of Houston, TX / Galveston Bay

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB

1991) 10

SECTION C - SPECIFICATIONS/STATEMENT OF WORK

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

AS IF FULLY SET FORTH HEREIN. SEE ATTACHMENT I

PWS PERFORMANCE WORK STATEMENT Att. I

C0001 C19.01 SECURITY AND FIRE PROTECTION (DLA ENERGY AUG 1988) 13

C0002 C19.04 REMOVAL OF WATER BOTTOMS (DLA ENERGY FEB 1998) 14

SECTION E - INSPECTION AND ACCEPTANCE

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

HEREBY INCORPORATED IN FULL TEXT UNDER ATTACHMENT II OF THIS SOLICITATION

52.246-4 INSPECTION OF SERVICES- FIXED PRICE (AUG 1996) 14

E0001 ENERGY QAP E1.01 CONTRACTOR RESPONSIBILITY FOR

GOVERNMENT INSPECTION OF SERVICES (DLA ENERGY JAN 2012) Att. II

E0002 ENERGY QAP E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR

2000) Att. II

E0003 ENERGY QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM

STORAGE TANKS (DLA ENERGY FEB 2017) Att. II

E0004 ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY

CONTRACTS (DLA ENERGY APR 2016) Att. II

E0005 ENERGY QAP E34 TEST FOR SULFIDES IN WATER (DLA ENERGY MAY

1987) Att. II

E0006 ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA

ENERGY DEC 2011) Att. II

E0007 ENERGY QAP E36 INSPECTION (STORAGE) (DLA ENERGY FEB 1970) Att. II

SECTION F- DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989) 16

F0001 F1.04 GENERAL RECEIVING AND STORING CONDITIONS (DLA

ENERGY DEC 2017) 16

F0002 F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997) 19

F0003 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY APR

2014) 23

F0004 F1.14 DETERMINATION OF QUANTITY (STORAGE) (DLA ENERGY NOV

1997) 24

F0008 F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE)

(DLA ENERGY DEC 1991) 26

SECTION G - CONTRACT ADMINISTRATION DATA

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD

MANAGEMENT (OCT 2018) 26

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DEC 2018) 28

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) 29

G0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 31

G0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA

ENERGY JAN 2017) 31

G0003 G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA ENERGY

MAY 2009) 32

G0004 G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA ENERGY JUL

1997) 32

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H0001 H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992) 32

H0002 H11 GUARD SERVICE (DLA ENERGY MAR 1982) 33

H0003 H19 REPORTING AND CONTAINING OIL SPILLS (DOMESTIC STORAGE)

(DLA ENERGY JAN 2012) 33

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013) 34

52.203-3 GRATUITIES (APR 1984) 34

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010) 35

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017) 39

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011) 39

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011) 40

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (OCT 2018) 40

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) 43

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(JUL 2016) 45

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016) 46

52.209-6

PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT (OCT 2015)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018) 49

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATION (NOV 2015) 50

52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (OCT

2018) 50

52.237-3 CONTINUITY OF SERVICE (JAN 1991) 57

52.249-8 DEFAULT FIIX-PRICE SUPPY AND SERVICE (APR 1984) 58

Addendum 1 52.212-4

ADDENDUM 1- CONTRACT TERMS AND CONDITIONS- COMMERCIAL

ITEMS (OCT 2018) References 52.243-1 CHANGES-FIXED PRICE

W/ALTERNATE I (AUG 1987/APR 1984)

Addendum 2 52.212-4

ADDENDUM 2- CONTRACT TERMS AND CONDITIONS- COMMERCIAL

ITEMS (OCT 2018) References 52.215-8 ORDER OF PRECEDENCE

UNIFORM CONTRACT (OCT 1997)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS- COMMERCIAL ITEMS (AUG 2019) 60

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 68

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 68

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL

BUSINESS CONCERNS (OCT 2014) 68

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018) 70

52.219-9 Alt. II SMALL BUSINESS SUBCONTRACTING PLAN (AUG 2018) ALTERNATE II

(NOV 2016) (DEVIATION 2018-O0018) (AUG 2018) 72

JPTS Storage Service in the Area of Houston, TX / Galveston Bay

52.219-16 LIQUIDATED DAMAGES- SUBCONTRACTING PLAN (JAN 1999) 82

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL

2013) 83

52.222-3 CONVICT LABOR (JUNE 2003) 84

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) 85

52.222-26 EQUAL OPPORTUNITY (SEP 2016) 86

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) 89

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) 89

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016) 89

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010) 90

52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018) 92

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) 98

52.222-43

FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR

STANDARDS- PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION

CONTRACTS) (AUG 2018)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019) 99

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015) 106

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017) 110

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) 116

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (AUG 2011) 117

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) 118

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007) 118

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 118

52.232-17 INTEREST (MAY 2014) 120

52.232-39 UNENFORECEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 121

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013) 121

52.233-1 DISPUTES (MAY 2014) 121

52.233-3 PROTEST AFTER AWARD (AUG 1996) 123

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 124

52.242-13 BANKRUPTCY (JUL 1995) 124

52.245-1 Alt. I GOVERNMENT PROPERTY (JAN 2017) ALTERNATE I (APR 2012) 124

52.245-9 USE AND CHARGES (APR 2012) 136

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 138

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) 139

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) 139

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) 139

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011) 139

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (SEP 2013) 140

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) 140

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) 140

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 141

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (OCT 2016) 141

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT (MAY 2016) 146

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS (DEC 1991) 147

JPTS Storage Service in the Area of Houston, TX / Galveston Bay

252.209-7004

SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED

BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF

TERRORISM (OCT 2015)

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012) 147

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)—

BASIC (MAY 2019) 151

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017) 152

252.226-7001

UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED

ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS

CONCERNS (APR 2019)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 157

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR

PERSONNEL (JUN 2013) 158

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 158

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) 159

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL

COMPONENTS (DOD CONTRACTS) (JUN 2013) 159

252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED

PROPERTY (APR 2012) 160

252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (DEC 2017) 160

252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION

(APR 2012) 161

252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017) 162

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (FEB 2019) 167

52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (JUL 2015) 170

52.233-9001 DISPUTES AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

(ADR) (DEC 2016) 174

I0001 I1.01-4 DEFINITIONS (CONT’D) (STORAGE) (DLA ENERGY JUNE 2009) 174

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

COMMERCIAL ITEMS (DLA ENERGY FEB 1996) 176

I0003 I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM

PRODUCTS (DLA ENERGY JAN 2012) 177

I0004 I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD

(DLA ENERGY AUG 2017) 178

I0005 I147 DEMURRAGE (DLA ENERGY NOV 1989) 183

I0006 I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN

2012) 183

I0007 I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI)

IMPLEMENTATION (DLA ENERGY SEP 2009) 184

SECTION J - ATTACHMENTS

PERFORMANCE WORK STATEMENT Att. I DLA ENERGY QUALITY ASSURANCE PROVISIONS Att. II OFFEROR SUBMISSION PACKAGE (OSP) Att. III DEPARTMENT OF LABOR WAGE DETERMINATION Att. IV PAST PERFORMANCE INFORMATION DISCLOSURE CONSENT FORM Att. V PAST PERFORMANCE QUESTIONNAIRE Att. VI SMALL BUSINESS SUBCONTRACTING PLAN Att. VII

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

2016) 185

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 186

52.212-3 Alt. I OFFERORS REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL

ITEMS (AUG 2018) ALTERNATE I (OCT 2014) 187

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012) 205

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (NOV 2011) 205

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG

1992) 205

K0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 206

K0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 206

K0003 K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE

SUBMISSION (DLA ENERGY MAY 2014) 206

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 207

52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS (OCT 2018)

(DEVIATION 2018-O0018) (AUG 2018) 208

Addendum to 52.212-1

ADDENDUM- INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS

(OCT 2018) (DEVIATION 2018-O0018) (AUG 2018) 212

52.216-1 TYPE OF CONTRACT (APR 1984) 218

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE

EVALUATION (FEB 1999) 218

52.233-2 SERVICE OF PROTEST (SEP 2006) 218

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) 218

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) 219

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) 219

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016) 219

252.215-7008 ONLY ONE OFFER (OCT 2013) 220

L0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 221

L0002 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 222

L0003 L82 WAGE DETERMINATION (DLA ENERGY FEB 2009) 223

L0004 L116.01 DATA REQUIREMENTS (STORAGE) (DLA ENERGY JAN 2013) 223

SECTION M – EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION- COMMERCIAL ITEMS (OCT 2014) 224

52.217-5 EVALUATION OF OPTIONS (JUL 1990) 230

M0001 M-0001 M7 SOCIOECONOMIC EVALUATION (DLA ENERGY FEB 2005) 226

M0001 M43.01 EVALUATION OF OPTIONS (DLA ENERGY MAR 2009) 226

M0001 M72 EVALUATION OF OFFERS (DLA ENERGY APR 1997) 227

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)

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

LINE ITEM 0001 (BASE): CONUS COCO Storage Services, V2000403 (FIRM-FIXED-PRICE):

The Contractor shall provide Contractor-Owned, Contractor-Operated (COCO) bulk fuel service capabilities in accordance with Section C, the Performance Work Statement, and all other terms and conditions set forth herein, during the base period of January 1, 2020 through December 31, 2023 (4 Years).

LINE ITEM 0002 (OPTION 1)1: CONUS COCO Storage Services, V20000403 (FIRM-FIXED-PRICE):

The Contractor shall provide Contractor-Owned, Contractor-Operated COCO bulk fuel service capabilities in accordance with Section C, the Performance Work Statement, and all other terms and conditions set forth herein, during the option period of January 01, 2024 through December 31, 2028 (5 Years).

AREA OF CONSIDERATION: Houston, Texas / Galveston Bay

TOTAL OFFERED PRICE

ITEM

NO.

SUPPLIES/

SERVICE QTY UNIT UNIT PRICE AMOUNT

0001 CONUS COCO

Storage Services 48 Month $ $

(Option 1)

CONUS COCO

Storage Services 60 Month $ $

TOTAL2: $__________________

NOTE: In accordance with FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999), the contractor is accepting that prices for the extension(s) not to exceed six months (if required) will remain the same as the prices offered under DLA Energy Contract Provision B0001-B34.01 SERVICES TO BE FURNISHED AND

PRICES (DLA ENERGY FEB 1991).

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

BASE PRICE

The prices for the services and facilities to be provided during the four-year performance period January 1, 2020 through December 31, 2023, as described in the Performance Work Statement, includes the following:

1 Only if exercised in accordance with FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000).

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

LINE ITEM 0001:

TANK

PRODUCT

TYPE

SHELL

CAPACITY

(BARRELS)

FILL

CAPACITY

(BARRELS)

CONUS COCO

STORAGE

SERVICES

(MONTHLY USE

COCO CHARGE)3

ANNUAL

STORAGE

USE

CHARGE

TOTAL

PRICE

(4 YEARS)

TOTAL PRICE: $ $ $

NOTE: For evaluation purposes: EXTP will be evaluated at 80,000 US gallons. The price offered for EXTP will be added to Offeror’s total price. The EXTP per gallon price is: $____________

OPTION 1 - PRICE

The prices for the services and facilities to be provided during the five-year performance period January 1, 2024 through December 31, 2028, as described in the Performance Work Statement, includes the following:

LINE ITEM 0002:

PRODUCT

TYPE

SHELL

CAPACITY

(BARRELS)

FILL

CAPACITY

(BARRELS)

CONUS COCO

STORAGE

SERVICES

(MONTHLY USE

COCO CHARGE)3

ANNUAL

STORAGE

USE

CHARGE

TOTAL

PRICE

(5 YEARS)

TOTAL PRICE: $ $ $

NOTE: A fill capacity quantity of 70,000 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

3Includes initial & final shipment price. In the event of a partial month, the monthly price will be prorated.

utilize the total fill capacity of above identified tanks at no increase to the offered storage charges.

PRORATED DAILY REDUCTIONS/ADDITIONS (QAP E18)

Line Item 0001: Base Period January 1, 2020 through December 31, 2023

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

MONTHLY

CONUS COCO

STORAGE

SERVICE PRICE

ANNUAL

STORAGE USE

CHARGE

DAILY

REDUCTION/ADDITION

PER TANK WHEN

REMOVED

FROM/RETURNED TO

REVENUE IAW E18

NOTE: For each full calendar month a tank is out of service and removed from revenue, line item 0001 shall reflect a reduction to $0.00 for the subject tank, unless an alternate tank is offered under E18 to be utilized when cleaning/inspection occurs. The rates in the above chart will be utilized when subject tank is out of service.

Rates above shall be determined for each tank offered under line item 0001 by utilizing the following formula:

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

This Section Left Blank Intentionally Left Blank

JPTS Storage Service in the Area of Houston, TX / Galveston Bay

Line Item 0002: Option #1 Period- January 1, 2024 through December 31, 2028

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

MONTHLY

CONUS COCO

STORAGE

SERVICE PRICE

ANNUAL

STORAGE USE

CHARGE

DAILY

REDUCTION/ADDITION

PER TANK WHEN

REMOVED

FROM/RETURNED TO

REVENUE IAW E18

NOTE: For each full calendar month a tank is out of service and removed from revenue, line item 0002 shall reflect a reduction to $0.00 for the subject tank, unless an alternate tank is offered under E18 to be utilized when cleaning/inspection occurs. The rates in the above chart will be utilized when subject tank is out of service.

Rates above shall be determined for each tank offered under line item 0002 by utilizing the following formula:

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

SECTION C - SPECIFICATIONS/PWS

PERFORMANCE WORK STATEMENT (PWS)

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

C0001 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.

JPTS Storage Service in the Area of Houston, TX / Galveston Bay

(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.

C0002 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

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.

E0001 ENERGY QAP E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION

OF SERVICES (DLA ENERGY JAN 2012)

Quality Assurance Provision E1.01- Contractor Responsibility for Government Inspection of Services (DLA Energy Jan 2012) is hereby incorporated in full text under Attachment II.

E0002 ENERGY QAP E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000)

Quality Assurance Provision E1.11- Quality Control Plan (DLA Energy Mar 2000) is hereby incorporated in full text under Attachment II.

E0003 ENERGY QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE

TANKS (DLA ENERGY FEB 2017)

Quality Assurance Provision E18- Inspection and Cleaning of Bulk Petroleum Storage Tanks (DLA Energy Feb 2017) is hereby incorporated in full text under Attachment II.

E0004 ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS

(DLA ENERGY APR 2016)

Quality Assurance Provision E22- List of Inspection Offices for DLA Energy Contracts (DLA Energy Apr 2016) is hereby incorporated in full text under Attachment II.

E0005 ENERGY QAP E34 TEST FOR SULFIDES IN WATER (DLA ENERGY MAY 1987)

Quality Assurance Provision E34- Test for Sulfides in Water (DLA Energy May 1987) is hereby incorporated in full text under Attachment II.

E0006 ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC

2011)

Quality Assurance Provision E35- Nonconforming Supplies and Services (DLA Energy Dec 2011) is hereby incorporated in full text under Attachment II.

E0007 ENERGY QAP E36 INSPECTION (STORAGE) (DLA ENERGY FEB 1970)

JPTS Storage Service in the Area of Houston, TX / Galveston Bay

Quality Assurance Provision E36- Inspection (DLA Energy Feb 1970) is hereby incorporated in full text under Attachment II.

SECTION F- DELIVERIES OR PERFORMANCE

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.

F0001 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.

JPTS Storage Service in the Area of Houston, TX / Galveston Bay

(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 LAYTIME.

(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 laytime shall not commence until the vessel moors alongside or, for barges, 3:00 A.M. local time; for tankers, 6:00 A.M. local time, on the last agreed scheduled arrival date, whichever occurs first.

(B) If the vessel is tendered for 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. Laytime shall commence when the vessel moors alongside, provided a good faith effort is made by the Contractor to moor the vessel in its turn with other vessels as loading berths become available.

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

(iv) Laytime, once started, shall continue 24 hours per day, 7 days per week, without interruption, from its commencement until 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 laytime 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 LAYTIME.

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

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

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

(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 laytime shall be increased by the duration of the delay.

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

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

(3) PAYMENT OF DEMURRAGE.

For all hours of laytime which elapse in excess of the basic allowed laytime for 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.

F0002 F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997)

(a) The Contractor will prepare the inspection and shipment documents covering deliveries made from the terminal in accordance with instructions contained in the Documentation and Product Property Control Plan.

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

"I certify that the above supplies were (a) in the quantity indicated, (b) taken from Government-owned and approved stocks, and (c) loaded into inspected and approved containers. This shipment was released in accordance with paragraph 246.471-2 of the DoD FAR Supplement under authorization of (NAME and TITLE OF THE

AUTHORIZED REPRESENTATIVE OF THE CONTRACT ADMINISTRATION OFFICE)

in a letter dated (DATE OF AUTHORIZING LETTER). (SIGNATURE AND TITLE OF

CONTRACTOR'S DESIGNATED REPRESENTATIVE)."

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

(c) Conveyances required for shipments shall be furnished or designated by the Government. The Contractor shall inspect all shipping conveyances prior to loading to insure that product loaded will not be lost or contaminated by the condition of the equipment. Tank truck inspection must be performed by qualified Contractor personnel. Delegation of this responsibility shall not be passed to the tank truck operator/driver.

The tank truck operator/driver may be permitted to physically load the tank truck; however, the loading operation must be under the surveillance and direction of Contractor personnel. Equipment found to be unsatisfactory shall be reported as follows: (1) TANKERS AND BARGES. Report immediately by telephone to the QR; if not present, the master of the tanker or barge or to the carrier's agent or general office; (2) TANK CARS. Report to the QR and by wire (Government Rate, Collect) to Commander, Eastern Area, Military Traffic Management Command, ATTN: MTE-INR-O, Brooklyn, NY 11250. Any shortage or overage of tank cars shall be similarly reported; (3) TRANSPORT TRUCKS. Contractor shall expeditiously report to the Traffic Manager of the appropriate Defense Fuel Region, Government QR, and to the carrier's terminal where equipment is domiciled.

(d) Except when loading barges or tankers, or making pipeline deliveries, strainers of 100 mesh or finer shall be utilized in loading aviation fuels and jet lubricating oil and 60 mesh or finer in the case of reciprocating engine oil. Strainers shall be located as near the loading point as practicable. Contractor shall furnish and periodically inspect and clean such strainers and repair same, if necessary, keeping a written record thereof.

(e) Contractor shall affix serially numbered seals to the dome covers of tank cars and all openings in the case of tank trucks in such a manner that entry could only be gained by breaking a seal. Such seals will be furnished by the Contractor. Seal numbers will be indicated on shipping documents.

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

(g) FOR TANK CARS ONLY.

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

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

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

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

JPTS Storage Service in the Area of Houston, TX / Galveston Bay

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

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

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

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

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

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

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

(1) SCHEDULED ARRIVAL DATE AND BASIC ALLOWED LAYTIME.

(i) Notice shall be furnished to the Contractor in advance of the date on which loading is to be made, which date is hereinafter referred to as the "Scheduled Arrival Date." Each notice will specify the quantity to be loaded, the cargo number, and name of the vessel and the scheduled loading date. For tankers, notice will also include the size of the vessel and the expected time of arrival. Notice of delivery will be furnished at least 72 hours in advance of the scheduled arrival date for tankers, and at least 48 hours in advance of the scheduled arrival date for barges. When anticipated vessel transit time to the loading point is less than 72/48 hours, the Government will provide the maximum notice practicable. Any change in the scheduled arrival date of less than 48 hours notice for barges and 72 hours notice for tankers will require verbal approval of the Contractor, confirmed in writing.

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

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

(B) If the vessel is tendered for loading later than 12:00 noon of the day following the last scheduled arrival date, the vessel shall be loaded in its proper turn with other vessels.

Laytime shall commence when the vessel moors alongside, provided a good faith effort is made by the Contractor to moor the vessel in its turn with other vessels as loading berths become available. If the vessel is not moored in its proper turn with other vessels, laytime will commence at 6:00 A.M. on the date the Government vessel’s turn occurred.

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

(iv) Laytime, once started, shall continue 24 hours per day, 7 days per week, without interruption, from its commencement until loading of the barge or tanker is…