Attachment I Questions and Response.pdf

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CONTRACTOR-OWNED, CONTRACTOR-OPERATED (COCO) FUEL STORAGE SERVICES IN DAVAO, PHILIPPINES
Solicitation number
SPE603-26-R-0522
Issued by

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This is a Questions and Answers document (Amendment 0005) for solicitation SPE603-26-R-0522, a DLA Energy fuel storage and distribution contract in Davao, Philippines.

The document addresses contracting, programmatic, and tax/customs inquiries from potential offerors. Key contractual clarifications include: (1) payments will be made via WAWF Instructions per DFARS 252.232-7006; (2) offerors must submit 3 Past Performance Questionnaires (PPQs) per organization, including teaming partners; (3) the Mission-Essential Contractor Services Plan is a post-award deliverable, not required with proposals; and (4) FAR references 15.103 and 15.202(c) apply under the RFO framework and Section M Deviation 52.212-2. Programmatic requirements specify that laboratory testing for F76 fuel parameter analysis must be completed within 24 hours maximum per PWS paragraph 1.13.3.1. The 12-month Initial Fill period begins immediately following inspection and acceptance, with final shipment occurring during the last 12 months of the performance period at no additional cost. Offerors must submit a comprehensive Additive Storage/Injection Plan with their proposals demonstrating their purchasing, receiving, storage, injection, and maintenance procedures. Tax and customs matters clarify that DLA-provided fuel should be tax-exempted under the Visiting Forces Agreement, with contractors responsible for obtaining all required country, national, and local clearances, exemptions, and filings per PWS paragraph 1.10. Contractor-supplied materials and equipment are not exempt from Philippine duties and taxes and must be included in firm-fixed pricing. Taxed fuel will not be stored at the facility location.

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SPE603-26-R-0522 Amendment 0005 Attachment I-Questions and Responses

Davao, Philippines

CONTRACTING QUESTIONS:

1. Per the RFP, the contractor may assign the right to collect payment to a bank or financial institution. However, if payment will be made through a third party, such assignment is not permitted, and payment must be made directly to the contractor. For this project, how will payment by the DLA be made?

Answer: All payments will be made in accordance with WAWF Instructions (DFARS 252.232- 7006) outlined in Section G on page 37 of the solicitation.

2. The Attachment VI -PPRL asks for five PPQs, "(List the 5 PPQs DLA Energy can expect; DLA will follow up if necessary)". Will the government please clarify how many PPQs are allowed?

Answer: The Government requires 3 PPQs. Please see Section 7(b)(i)(1) on page 4 of the solicitation.

3. Will the government please confirm that an offeror with teaming partners can submit additional PPQs (i.e., more than the 3 or 5 allowed for the prime contractor)? If so, how are teaming partner’s PPQs to be listed in the PPRL?

Answer: The Government requires 3 PPQs per organization and any potential partners. Please see Section 7(b)(i)(3)(ii)(1) on page 4 of the solicitation.

4. There are several FAR clauses that don't have dates associated with them. For example, FAR

15.202 and FAR 15.103. Please confirm that these clauses refer to the Revolutionary FAR Overhaul (RFO)?

Answer: Yes the Government is referring to RFO FAR 15.103 and RFO 15.202 (c ) however, FAR 15.103 and FAR 15.202 are not clauses under this solicitation but are referenced in the FAR Deviation for Section M, 52.212-2 EVALUATION –COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2026)(DEVIATION 2026-O0038). As such the reference of FAR 15.103 and 15.202(c) should be interpreted in connection with the Section M Deviation, 52.212-2 EVALUATION –COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(FEB 2026)(DEVIATION 2026-O0038).

5. These clauses appear to require a submittal of the Mission-Essential Contractor Services Plan (MECSP) with the proposal. Will the government please clarify: 1. Is the plan to be submitted with the proposal? If so, 2. Where in the submission should the plan be included? and 3. Will the government please provide the missing attachment that includes the list of Mission Essential Services?

Answer: The Mission-Essential Contractor Services Plan (MECSP) is a post-award document and should not be submitted with the proposal.

PROGRAMMATIC QUESTIONS

1. One parameter that is tested for F76 takes approximately 24 hours. Would DLA be amenable to a longer turnaround time?

Answer: No, Per PWS paragraph 1.13.3.1, page 8, “The contractor shall ensure that laboratory testing is completed within a maximum of 24 hours of obtaining the sample.”

2. Does the 12-month Initial Fill period commence upon contract award or Performance Start Date?

Answer: Per PWS paragraph 1.6.1, page 3, “Contractor shall allow the U.S. Government to have an initial fill beginning at the twelve-month period immediately following inspection and acceptance, and final shipment during the last twelve months of the performance period, at no additional cost.”

3. Does the 12-month Final Shipment period begin prior to or after Base Period expiry?

Answer: Per PWS paragraph 1.6.1, page 3, “Contractor shall allow the U.S. Government to have an initial fill beginning at the twelve-month period immediately following inspection and acceptance, and final shipment during the last twelve months of the performance period, at no additional cost.”

4. The RFP instructions do not tell us where to include this plan, nor do they identify any page limits for the plan. Will the government please confirm that the Additive Storage/Injection Plan should be submitted as a separate document and that it is page unlimited?

Answer: Per paragraph 4.1.3, page 11, “The Contractor shall provide with their proposal a comprehensive and detailed additive plan that clearly demonstrates how they will purchase, receive, store, inject, and maintain the required additives to support the allowed throughput.”

5. Will the government please clarify if the Additive Storage/Injection Plan is due 60 days after award as stated in PWS Paragraph 4.1 or if it is due with the proposal as stated in PWS paragraph 4.1.3?

Answer: Per paragraph 4.1.3, page 11, “The Contractor shall provide with their proposal a comprehensive and detailed additive plan that clearly demonstrates how they will purchase, receive, store, inject, and maintain the required additives to support the allowed throughput.”

TAXES, CUSTOMS, AND DUTIES

6. Is the fuel subject to any customs fees, charges, duties, levies, imposts, authorizations, consents, or approvals, whether imposed by customs or other Philippine national or local government authorities associated with entry, storage, distribution, or disposal, or are relevant exemptions in place?

Answer: The product is provided by DLA Energy and should be tax exempted under the Visiting Forces Agreement. Please refer to PWS Paragraph 1.10, page 6, The Contractor shall be responsible for obtaining all required Country, National, Local notifications, clearances, tax exemptions, and filing, required for the purposes of receiving and issuing U.S. Government owned products at their facilities. Any costs/fees required need to be included in the offer in the firm-fixed price.

7. PWS Paragraph 1.10 requires the contractor to be responsible for any costs/fees required for country, national, and local requirements. Kindly confirm whether clearances and permits with the Philippine government, such as (but not limited to) import permits, customs tax payments, and clearances, will be the responsibility of the U.S. Government, and that the contractor will have no participation in such activities.

Answer: The Contractor shall seek tax reimbursement in accordance with the laws of the Philippines, and it is the Contractor’s responsibility to assure the proper tax exemption status has been accepted prior to performance. Please refer to PWS Paragraph 1.10, page 6, The Contractor shall be responsible for obtaining all required Country, National, Local notifications, clearances, tax exemptions, and filing, required for the purposes of receiving and issuing U.S. Government

8. Confirm that any taxes related to the fuel will be for the account of the U.S. Government.

Answer: The product is provided by DLA Energy and should be tax exempted under the Visiting Forces Agreement. Please refer to PWS Paragraph 1.10, page 6, The Contractor shall be responsible for obtaining all required Country, National, Local notifications, clearances, tax exemptions, and filing, required for the purposes of receiving and issuing U.S. Government

9. What is the process for obtaining tax-free certification and associated documents from the U.S.

Government and the Philippine Government?

Answer: The product is provided by DLA Energy and should be tax exempted under the Visiting Forces Agreement. Please refer to PWS Paragraph 1.10, page 6, The Contractor shall be responsible for obtaining all required Country, National, Local notifications, clearances, tax exemptions, and filing, required for the purposes of receiving and issuing U.S. Government

10. Does the U.S. Government have an agreement with Philippine national and local government offices (including customs) to deliver, store, and ship out via sea (tankers/barges) tax and duty-free fuel at a facility in Davao that is not a freeport zone or equivalent?

Answer: The product is provided by DLA Energy and should be tax exempted under the Visiting Forces Agreement. Please refer to PWS Paragraph 1.10, The Contractor shall be responsible for obtaining all required Country, National, Local notifications, clearances, tax exemptions, and filing, required for the purposes of receiving and issuing U.S. Government owned products at their facilities. Any costs/fees required need to be included in the offer in the firm-fixed price.

11. Are separate tanks required if taxed fuel is required to be stored.

Answer: Taxed fuel will not be stored at the location.

12. Customs, Duties & Taxes: Clarify whether imported construction materials, equipment, and DLA-owned petroleum products are exempt from Philippine customs duties and taxes (as may be the case under EDCA or a Status of Forces Agreement), or whether the contractor must absorb these costs.

Answer: The Contractor’s material and equipment is not exempted from duties and taxes. The product is provided by DLA Energy however, should be tax exempted under the Visiting Forces Agreement. Please refer to PWS Paragraph 1.10, page 6, The Contractor shall be responsible for obtaining all required Country, National, Local notifications, clearances, tax exemptions and filing, required for the purposes of receiving and issuing U.S. Government owned products at their facilities. Any costs/fees required need to be included in the offer in the firm-fixed price.

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