SPE60321R05090001 w-Attachments .pdf

� ���������������������������������������������������� !!�"#$%&��''����()� ������*)��+� ����(����� +$,-.$/0��12��*��3��������456�7889:;7<9=>?��� )���"@ ���� *�?�A B�������� ������"@�456�CDE=F�DE7G�5D=H�I> ����

J���������������� ���������������KLCMN�ODF==DN�;CPGDQN�RD7D=�7GS�T5U�VCS=>

���� ����W��@�����

*�?�A����2�X1 �����3)W��?�����������������������������������������"��������4RYY�5ZY[�\]>^̂_��̀ � ���������a��bb��� cde�fghie�jklgemen�ohpqrqsfsqhj�qo�flejnen�fo�oes�thmsd�qj�usel�vwx�cde�dhkm�fjn�nfse�oyerqtqen�thm�mereqys�ht�zttemo1 1 �qo�e{sejnen| }-�/$.�!~.!/�!��$��K%��"��-!����.!�#!..!��$��.!#!�������}%��}/%#,�!-����!�!�!/%!�.$�.�!�-$#}%}.�.}$/��/����!/��!/.�/,��!�-�����W)������@�)��������W�����������"���������������+��*W������ �������������+�������*���������� �*���������+��+�)����������� *����������@��� )W�������3����������@�)����������������}�.,!�$��.�}-���!/��!/.��$,��!-}�!�.$�%��/�!��/�$��!���#�!����-,��}..!�0�-,%��%��/�!������!����!����.!#!�����$��#!..!�0���$�}�!��!�%��.!#!�����$��#!..!����&!-��!�!�!/%!�.$�.�!�-$#}%}.�.}$/���/��.�}-���!/��!/.0��/��}-��!%!}�!����}$��.$�.�!�$�!/}/���$,���/����.!�-�!%}�}!��� %$�}!-�$��.�!���!/��!/.��K���"���%&/$�#!��}/���!%!}�.�$��.�}-���!/��!/.�$/�!�%��%$���$��.�!�$��!��-,��}..!�����!�-��,-.��%&/$�#!��!��!%!}�.�$��.�}-���!/��!/.���}$��.$�.�!��$,���/����.!�-�!%}�}!��}/�.�!�-$#}%}.�.}$/�$���-���!/�!�0����$/!�$��.�!��$##$�}/���!.�$�-���������)�����������**��*�������������456�F=�P:F=S>������+� ��+������������ �� )���*)� )��������4R8=;:6Q�7PDECF:DQ>��+���+���� � �������+����������'��������������+�����������������������������������������"���+���"�����)�"��������������������� ����������������W�����+�������� ���������+���� �KOP;E�7O�;E7G�=O�:G�87Q:G��C66:;=N�788FC8F:7D:CG�S7D=N�=D;M��� �������+����������'0�*)� )��������+���)�+����@��������'A���AK�������+� � )**W������W������������ ��������������*)� )��������)�+����@������_���b���������$/.��%.$� }-�/$.0 }-��!�,}�!��.$�-}�/�.�}-��$%,�!/.��/���!.,�/ %$�}!-�.$�}--,}/��$��}%!��'���� ���*�������������������������������K�F�7G:�=S�<Q��V��O=;D:CG�E=7S:G�ON�:G;9PS:G��OC9:;:D7D:CG�;CGDF7;D�OP<�=;D�H7DD=F��E=F=�6=7O:<9=M> �{reys�fo�ymhiqnen�demeqj|�fpp�semlo�fjn�rhjnqsqhjo�ht�sde�nhrklejs�metemejren�qj�usel����hm�v �|�fo�demeshthme�rdfj¡en|�melfqjo�kjrdfj¡en�fjn�qj�tkpp�thmre�fjn�ettersx�2��������������W����� ������4ZQ8=�CF�8F:GD> � ��B2'�¢��¢�2�¢J�B��*�!�}$,-�!�}.}$/�,/,-��#!

�������� ����£¤�K�������¢JA��*�!-%�}�!������ ������K'J������2A��'A�?"��)������ ���� ������������2"�������������������� 4R:�G7DPF=�C6�VCGDF7;D:G���66:;=F>4R:�G7DPF=�C6�8=FOCG�7PDECF:�=S�DC�O:�G> �?���������������W�������������������������4ZQ8=�CF�8F:GD>

K���"��%$��#!.}/���.!�-�J��/���20��/���!.,�/}/�

�W�������@�")W��*����W�)�� ������ �JB�2�3�+��3��������������������"�W������������?��

��2�������� ����� �?�������� �����

�����+���4R8=;:6Q�DQ8=�C6�HCS:6:;7D:CG�7GS�7PDECF:DQ>

A���)�) ����A����������������

��!/}/���#$-}/����.!����/�!��.$���������3)W��?�������� �*��J��������A����*���� !!��..�%�!���$/.}/,�.}$/� �!!.K-��

K1�

X���������������� �W�������������X"��������KRYY�5ZY[�\\��

��bb��� ����a�������� � b�§��̂�� �£

�"� ��� �#$"!%�$&$'�(�$$$%)*+,�-./01./02�+,�*/3/45�+,,6/1�278��9:�;<2/01�2*/�=>7,+0?�@-2/�A73�3/B/+C2�7A�7AA/3,�70�4>7BD�E�7A�2*/�FGHIIJ�A37.�KH�96?6,2�LMLH�27�MN�F/C2/.4/3�LMLH�07�>-2/3�2*-0�K8MM�OP�QP�>7B->�2+./�G732�R/>S7+3T�U+3?+0+-P��R:�O37S+1/�3/,C70,/,�27�V6/,2+70,�3/B/+S/1�+0�3/,C70,/�27�FO;WMKXLHXYXMZMJP�Y/,C70,/,�B-0�4/�A7601�+0�922-B*./02�9�27�2*+,�9./01./02P��=:�Y/S+,/�2*/�YGO�601/3�,7>+B+2-2+70�FO;WMKXLMXYXMZMZP�)*/�2/<2�*+?*>+?*2/1�[+2*+0�922-B*./02�R�7A�2*+,�-./01./02�+1/02+A+/,�2*/�B*-0?/,P�\=*-0?/,�+0B>61/�RXMMMHXRKIPMHT�G9Y�ZLPLHLXZ\3/.7S/1�G9Y�ZLPLLKXHZ:T�G9Y�ZLPLZLXL�\3/.7S/1�ZLPLIZXJ�-01�@G9YF�LZLPLIZXNMMI:T�G9Y�ZLPLHLXH�\6C1-2/1�1-2/:T�+0B73C73-2+70�7A�O37B63/./02�]72/�̂MWT�-01�G9Y�ZLPLHLXL:��@:�Y/S+,/�O/3A73.-0B/�_73D�F2-2/./02�\O_F:T�,/B2+70,�HPL�93/-�7A�=70,+1/3-2+70�-01�HPEPL�911+2+S/�F273-?/̀a0b/B2+70�O>-0T�601/3�,7>+B+2-2+70�FO;WMKXLHXYXMZMJP�)*/�2/<2�*+?*>+?*2/1�+0�922-B*./02�=�7A�2*+,�-./01./02�+1/02+A+/,�2*/�B*-0?/,P���;:�922-B*./02,�R�-01�=�27�2*+,�-./01./02T�,6C/3,/1/�->>�C3/S+76,�S/3,+70,P�)*/�3/S+,+70,�27�922-B*./02,�R�-01�=�+0B73C73-2/1�+0�9./01./02�MMMH�-3/�*+?*>+?*2/1�+0�5/>>7[P��

������� ����������������������� !"#�$�%�&!� �"'�( (�)*�# �&+,-�./�(--012345-,�6789:;<:=> :?6��@A6�����

Attachment A Amendment 0001

SPE603-21-R-0509

This amendment is hereby issued to address the following questions received in response to the

RFP:

1. How will off-spec be handled? Is it the goal to put the off-spec product into transmix or back into the tanks? If it is going back into associated product tank, is a dedicated off-loading header required per product? Or can a single line be used for all three products?

DLA Energy Response: Contractor would be expected to notify the assigned DLA

Energy Quality Assurance Representative (QAR) when off-spec product is identified.

PWS paragraph 1.10.2 specifies the truck rack must be equipped with at least one offloading header to receive and return of DLA Energy product via tank truck. Goal is to remediate off-spec product to the extent possible with full coordination of assigned QAR.

Additional information regarding contaminated and off spec product can be found at

PWS paragraphs 2.3.1 and 2.3.2.

2. Is there a standard truck type we should expect? Should we expect to load multi-compartment / multi-product truck loads? As there are several configurations of Scully systems, which configuration should we expect?

DLA Energy Response: Commercial trucks utilized by DLA Energy typically are comprised of both single or multi compartments. The Scully system connection should be the same for all truck racks regardless of the Scully manufacturer.

3. Please provide more clarity on drum loading. Need to understand ratability of drumming operations, scheduling, storage, and additization requirements. Is there a shelf life of drum storage? What are the testing requirements for the drumming operation?

DLA Energy Response: Drum shipments are anticipated to be an infrequent requirement and will be fully coordinated with the Contractor prior to shipment. Drums will not be loaded until a requirement has been identified. In accordance with the PWS paragraph 1.10.3, the Contractor should anticipate storing empty drums. Loaded drums will be stored only for a short-time period awaiting arrival of the DLA Energy arranged conveyance. Drum shipments would require a C+ test (DLA Energy QAR will advise of the testing requirements in advance of shipment). There are no additional special testing requirement expected for drum shipments.

4. There are references to "bulk storage tank" and "blending tank." Please provide clarity on these terms. Blending tank is used in SPE603-21-R-0509 RFP, Section F-0005-

F45.01 (b)(2), pages 30 with a capacity of 100-gallons. Is the intent that there will be blending in this tank? If yes, is that the blending of jet and the additive? If a blending tank is required, could the Contractor utilize in-line injection in lieu of the blending tanks?

DLA Energy Response: Contractor is expected to meet the requirements for additive injection capabilities as provided in PWS paragraph 1.8 (and sub-paragraphs). DLA

Energy does not dictate to the Contractor how to meet these requirements.

SPE603-21-R-0509

5. Need further understanding of the recirculation requirements by product. Is it okay for product to circulate between tanks? Or is the requirement that product recirculate back to the same tank? Does every tank need the capability to circulate? As product is recirculation to a tank, does the product have to go through a filtration system?

DLA Energy Response: The Contractor is expected to meet the requirements of PWS paragraphs 1.3, 2.4.1 and 2.4.2.

6. Does F76 need to be filtered. If so, is the API 1581 standard applicable or is there another standard for F76?

DLA Energy Response: There are no filtration requirements for F76. However, it is the responsibility of the Contractor that all products remain on-specification.

7. What standards do the additive tanks need to be designed to or meet (API, STI, NFPA, etc.)? Does it need an internal liner or double wall and what is the Material type (SS, CS, Poly, etc.) for construction?

DLA Energy Response: DLA Energy cannot dictate how the Contractor will meet these requirements. However, contractors should reference contract text F45.01, F45.03, F45.04, and F45.05 for additional information in regards to additive tanks.

8. 1.8.2. Says that the Contractor should provide a detailed additive plan after project is awarded and 4.1.3. says that it must be provided as a part of the proposal. Please confirm which is accurate.

DLA Energy Response: Additive injection plan must be provided with the offer. PWS paragraph 1.8.2 has been updated to reflect the same requirement as indicated in PWS paragraph 4.1.3. The updated PWS can be found as Attachment C to this amendment.

9. What level of cleaning is required for the tanks upon receipt and after return to service from inspections/APIs - product free or gas-free? Saybolt 28+ / 30+?

DLA Energy Response: Assuming this question refers to bulk tanks coming back onto revenue from an API inspection/tank cleaning, if so, the tanks must be gas-free and safe for entry. These scenarios would be coordinated with the local assigned QAR.

10. Could you please clarify within what mile radius is considered the Houston-area?

DLA Energy Response: PWS paragraph 1.2 has been updated to reflect the area of consideration to be within the Port of Houston, Texas. Further, the PWS at paragraphs 1.9 and 1.10 (to include sub paragraphs) identify additional requirements that must be met for receiving and issuing product by various transportation modes with pipeline connectivity to the Colonial and Explorer pipelines. The updated PWS can be found as Attachment C to this amendment.

SPE603-21-R-0509

11. According to FAR 23.206, 52.223-15, Energy Efficiency in Energy-Consuming Products

(MAY 2020), applies only when energy-consuming products listed in the ENERGY

STAR® Program or FEMP will be—

(a) Delivered;

(b) Acquired by the contractor for use in performing services at a Federally-controlled facility;

(c) Furnished by the contractor for use by the Government; or

(d) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.

Could the government please identify the items expected to implicate this clause, or, if not applicable, remove the clause from the solicitation?

DLA Energy Response: FAR 52.223-15 was inadvertently included in the solicitation and has been removed. The revised Request for Proposal (RFP) can be found as

Attachment A to this Amendment.

12. According to DFARS 245.107(6), clause 252.245-7004, Reporting, Reutilization and

Disposal (DEC 2017), applies only to solicitations and contracts that contain FAR clause

52.245-1, Government Property. However, clause 52.245-1 is not included in the solicitation. Did the Government intend to omit clause 52.245-1?

DLA Energy Response: DFARS 252.245-7004 was incorrectly included in the solicitation and has been removed. The revised RFP can be found as Attachment B to this

Amendment.

13. By including DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services - Representation (DEC 2019) on p. 125, does the Government intend to indicate that the provisions of FAR 52.204-24, 25 and 26 implementing section

889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for

Fiscal Year (FY) 2019 (Pub. L. 115–232) are not applicable to this acquisition?

DLA Energy Response: FAR 52.204-24, 52.204-25, and 52.204-26 are applicable to this acquisition.

14. The solicitation provides: "If discussions are conducted, the Government will establish a competitive range comprised of all the highly rated proposals unless the competitive range is further reduced for purposes of efficiency in accordance with FAR 15.306(c)(2) -

Exchanges with Offerors after Receipt of Proposals." Could the Government please indicate whether it intends to conduct discussions prior to award.

DLA Energy Response: IAW FAR 52.212-1(g) the Government intends to evaluate and award a contract without discussions with offerors. However, the Government reserves the right to conduct discussions.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0088642023

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE603-21-R-0509

5. SOLICITATION NUMBER

2021 JUL 16

6. SOLICITATION ISSUE

DATE

Christopher Kidwell FPL1393

a. NAME

Phone: 571-767-8727

b. TELEPHONE NUMBER (No Collect calls)

2021 AUG 31

8. OFFER DUE DATE/

LOCAL TIME

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

493190NAICS:

$30 MillionSIZE 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:

CONTINUED ON NEXT PAGE

PAGE 3 OF 9 PAGES

SPE603-21-R-0509

The statements, clauses and provisions found on pages 4-9 were generated due to EBS system constraints, but are not applicable to this solicitation. The attachments, as listed on pages 8 are applicable to this solicitation and included in this solicitation package.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 9 PAGES

SPE603-21-R-0509

SECTION A - SOLICITATION/CONTRACT FORM

Standard Element has no Title

SECTION I - CONTRACT CLAUSES

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

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

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

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY

THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) DFARS

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020) FAR

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) FAR

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN

SMALL BUSINESS CONCERNS (SEP 2004) DFARS

52.232-17 INTEREST (MAY 2014) FAR

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

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) DFARS

52.242-13 BANKRUPTCY (JUL 1995) FAR

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official's Name)

(Title)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 9 PAGES

SPE603-21-R-0509

SECTION I - CONTRACT CLAUSES (CONTINUED)

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including

(1) Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and

(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.

(d) The certification requirement in paragraph (b) of this clause does not apply to

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

(2) Final adjustments under an incentive provision of the contract.

(End of clause)

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES - REPRESENTATION (DEC 2019) DFARS

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

(JAN 2021) DFARS

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020) DFARS

(a) Definitions.

Basic Assessment, Medium Assessment, and High Assessment have the meaning given in the clause 252.204 -7020, NIST SP 800 -171 DoD Assessments.

Covered contractor information system has the meaning given in the clause 252.204 -7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this solicitation.

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800 -171, the Offeror shall have a current assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204 -7020) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800 -171 DoD Assessments are described in the NIST SP 800 -171 DoD Assessment Methodology located at https://www.acq.osd.mil/dpap/pdi/ cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html.

(c) Procedures.

(1) The Offeror shall verify that summary level scores of a current NIST SP 800 -171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.

mil/) for all covered contractor information systems relevant to the offer.

(2) If the Offeror does not have summary level scores of a current NIST SP 800 -171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision.

(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD Components visibility into the summary level scores of strategic assessments.

(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to SPRS.

(i) The email shall include the following information:

(A) Cybersecurity standard assessed (e.g., NIST SP 800 -171 Rev 1).

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract --

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and

(2) A brief description of the system security plan architecture, if more than one plan exists.

(D) Date the assessment was completed.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 9 PAGES

SPE603-21-R-0509

SECTION I - CONTRACT CLAUSES (CONTINUED)

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171.

(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use the following format for the report:

System security plan CAGE codes supported by this plan

Brief description of the plan architecture Date of assessment Total score Date score of 110 will achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system assessed:

(i) The standard assessed (e.g., NIST SP 800 -171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171.

(3) Accessibility. (i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information

(PI).

(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/ pdf/SPRS_Awardee.pdf.

(iii) A High NIST SP 800 -171 DoD Assessment may result in documentation in addition to that listed in this section. DoD will retain and protect any such documentation as ``Controlled Unclassified Information (CUI)'' and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (OCT 2020) FAR

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services --Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it “does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services” in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to --

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 9 PAGES

SPE603-21-R-0509

SECTION I - CONTRACT CLAUSES (CONTINUED)

party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to --

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that --

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that -- It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment --

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services --

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment --

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services --

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 9 PAGES

SPE603-21-R-0509

SECTION I - CONTRACT CLAUSES (CONTINUED)

telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020) FAR

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

SECTION J - LIST OF ATTACHMENTS

List of Attachments

Description File Name

ATTACH_SPE60321R050

9_Attachment_I_PWS Tab 9 - Sol

ATTACH_SPE60321R050

9_Attachment_II_PPF

Tab 9 - Sol

ATTACH_SPE60321R050

9_Attachment_III_WD_201

5_5234

Tab 9 - Sol

ATTACH_SPE60321R050

9_Attachment_IV_Energy_

QAPS

Tab 9 - Sol

ATTACH_SPE60321R050

9_Attachment_V_Consent_

Letter

Tab 9 - Sol

ATTACH_SPE60321R050

9_Attachment_VI_PPQ

Tab 9 - Sol

ATTACH_SPE60321R050

9_Attachment_VII_PPRL

Tab 9 - Sol

ATTACH_SPE60321R050

9_Attachment_VIII_SubK_

Plan

Tab 9 - Sol

ATTACH_SPE60321R050

9_RFP

Tab 9 - Sol

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

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

(a) Definitions. As used in this provision - “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means -

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 9 PAGES

SPE603-21-R-0509

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS (CONTINUED)

contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in -

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

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

52.233-2 SERVICE OF PROTEST (SEP 2006) FAR

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from . [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.]

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Clause)

Attachment B

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

NOTE: See FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUL

2021) and FAR 52.212-2 – EVALUATION – COMMERCIAL ITEMS (OCT 2014) for complete instructions on how to submit a proposal.

Contents

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS 14

B-0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) 14

SECTION C - SPECIFICATIONS/SOW/SOO/PWS 19

C-0001-C19.01 SECURITY AND FIRE PROTECTION (DLA ENERGY AUG 1988) 19

C-0002-C19.04 REMOVAL OF WATER BOTTOMS (DLA ENERGY FEB 1998) 19

SECTION E – INSPECTION AND ACCEPTANCE 19

DLA ENERGY QUALITY ASSURANCE PROVISIONS (QAPS) 19

SECTION F – DELIVERIES OR PERFORMANCE 20

F-0001-F1.04 GENERAL RECEIVING AND STORING CONDITIONS (DLA ENERGY DEC 2017) 20

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) 27

F-0004-F1.14 DETERMINATION OF QUANTITY (STORAGE) (DLA ENERGY NOV 1997) 28

F-0005-F45.01 OPERATION OF CONDUCTIVITY ADDITIVE SYSTEM (DLA ENERGY JAN 2014) 30

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

OWNER CONTRACTOR-OPERATED (COCO) (DLA ENERGY JAN 2014) 31

F-0007-F45.04 OPERATION OF CORROSION INHIBITOR/LUBRICITY IMPROVER ADDITIVE SYSTEM, CONTRACTOR-OWNED CONTRACTOR-OPERATED (COCO) (DLA ENERGY JAN 2014) 32

F-0008 F45.05 OPERATION OF LUBRICITY IMPROVER ADDITIVE SYSTEM, CONTRACTOR-OWNED

CONTRACTOR-OPERATED (COCO)(DLA ENERGY DEC 2020) 33

F-0009 F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE) (DLA ENERGY DEC 1991)

SECTION G – CONTRACT ADMINISTRATION DATA 34

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

(DEC 2018) 34

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) 37

G-0001-G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 39

G-0002-G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA ENERGY MAY 2009) 40

G-0003-G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA ENERGY JUL 1997) 40

TAX EXEMPT NUMBER 40

SECTION H – SPECIAL CONTRACT REQUIREMENTS 40

H-0001 H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992) 40

H-0002 H11 GUARD SERVICE (DLA ENERGY MAR 1982) 41

H-0003 - H19 REPORTING AND CONTAINING OIL SPILLS (DOMESTIC STORAGE) (DLA ENERGY JAN

2012) 41

PROCUREMENT NOTE H14 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (NOV 2020) 41

SECTION I – CONTRACT CLAUSES 45

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018) 45

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

CHANGES -- FIXED PRICE (AUG 1987) ALT I (APR 1984) 52

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

ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997) 53

FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2021) 53

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 62

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 62

FAR 52.227-1 AUTHORIZATION AND CONSENT (JUN 2020) 62

FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 63

FAR 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEC

2013) 64

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 64

DFARS 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) 65

DFARS 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020) 65

DFARS 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) – BASIC (DEC

2019) 69

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (FEB 2019) 70

DLAD 52.233-9001 DISPUTES-AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2020) 73

I-0001-I1.01-4 DEFINITIONS (CONT’D) (STORAGE) (DLA ENERGY JUNE 2009) 74

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

ENERGY FEB 1996) 76

I-0003-I102.02 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT – PAYROLL TAX

ADJUSTMENT (DLA ENERGY JAN 2012) 76

I-0004-I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DLA ENERGY JAN

2012) 77

I-0005- I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DLA ENERGY AUG 2017)

I-0006-I147 DEMURAGE (DLA ENERGY NOV 1989) 84

I-0007-I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN 2012) 84

I-0008 I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) IMPLEMENTATION (SEP 2009) 84

SECTION J – LIST OF ATTACHMENTS 85

ATTACHMENT I – PERFORMANCE WORK STATEMENT 85

ATTACHMENT II – PRICE PROPOSAL FORM 85

ATTACHMENT III – DEPARTMENT OF LABOR WAGE DETERMINATION 85

ATTACHMENT IV - DLA ENERGY QUALITY ASSURANCE PROVISIONS (QAPS) 85

ATTACHMENT V – PAST PERFORMANCE INFORMATION DISCLOSURE CONSENT FORM 85

ATTACHMENT VI – PAST PERFORMANCE QUESTIONNAIRE 85

ATTACHMENT VII – PAST PERFORMANCE REFERENCE LIST 85

ATTACHMENT VIII – SMALL BUSINESS SUBCONTRACTING PLAN 85

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS 85

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 85

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

FEDERAL TRANSACTIONS (SEP 2007) 86

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

CONFIDENTIALITY AGREEMENTS OR STATEMENTS – REPRESENTATION (JAN 2017) 87

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) 87

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020) 89

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) 90

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

REPRESENTATION (NOV 2015) 93

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) 93

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 95

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 97

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (FEB 2021)

ALTERNATE I (OCT 2014) 97

FAR 52.219-1 – SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2020) ALTERNATE I (SEPT

2015) 119

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

(NOV 2011) 123

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016) 123

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (DEC 2019) 124

DFARS 252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020) 124

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

COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (DEC 2018) 127

DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO

REGIME (DEVIATION 2020-O0005) (FEB 2020) 128

DFARS 252.239-7098 PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER

NETWORK UNLESS SUCH NETWORK IS DESIGNED TO BLOCK ACCESS TO CERTAIN WEBSITE –

REPRESENTATION (DEVIATION 2021-O0003) (APRIL 2021) 129

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 130

FAR 52.212-1 INSTRUCTIONS TO OFFERORS –COMMERCIAL ITEMS (JUL 2021), 130

ADDENDUM TO FAR 52.212-1 130

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 133

FAR 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) 133

FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (OCT 2020)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 134

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 134

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020) 134

L-0001-L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 134

L-0002-L82 WAGE DERTMINATION (DLA ENERGY FEB 2009) 135

L-0003 - L116.01 DATA REQUIREMENTS (STORAGE) (DLA ENERGY JAN 2013) 135

PROCUREMENT NOTE L06 AGENCY PROTESTS (DEC 2016) 136

TEAMING ARRANGEMENTS 136

SECTION M – EVALUATION FACTORS FOR AWARD 136

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014). 136

M-0001-M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 142

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

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

1991)

See Section M, FAR 52.212-2, Evaluation of Factors for Award, Price Factor 3 for evaluation methodology concerning all price proposals. Reference Attachment II for price proposal form.

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

BASE PERIOD

CONTRACT LINE ITEM 0001 – CONTINENTAL UNITED STATES (CONUS)

CONTRACTOR-OWNED, CONTRACTOR-OPERATED (COCO) STORAGE SERVICES,

V20000403: (FIRM FIXED PRICE)

The Contractor shall provide (CONUS) (COCO) bulk fuel service capabilities in accordance with (IAW) the Performance Work Statement (PWS) (Section C)) and all other terms and conditions set forth herein, during the base period of February 1, 2022 – January 31, 2026

(four (4) years). All costs associated with performing required services, including any startup costs, shall be included in the total price of CLIN 0001.

AREA(S) OF CONSIDERATION: Port of Houston, Texas

LINE ITEM 0001:

TANK NO.

PRODUCT

TYPE

SHELL

CAPACITY

(BARRELS)

FILL

CAPACITY

(BARRELS)

CONUS COCO

STORAGE

SERVICES

(MONTHLY

USE COCO

CHARGE)1

ANNUAL

STORAGE USE

CHARGE

TOTAL PRICE (4

YEARS)

JP-5 Subtotal $ $ $

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

Jet A Subtotal $ $ $

F-76 Subtotal $ $ $

Dedicated Line Fill JP-5 $ $ $

Dedicated Line Fill Jet A $ $ $

Dedicated Line Fill F-76 $ $ $

Dedicated Line Fill Subtotal $ $ $

TOTALS $ $ $

IAW PWS, a storage (fill) capacity of 1,350,000 (750,000 BBLS JP-5, 300,000 BBLS Jet A, and

300,000 BBLS F-76) barrels is required. Monthly and Annual Storage Charges shall be based on this quantity.