SPE60418R0406_LNG_NSGB_RFP-_Amend_0002.pdf

RFP No. SPE604-18-R-0406

DEFENSE LOGISTICS AGENCY ENERGY (DLA ENERGY)

NAVAL STATION GUANTANAMO BAY CUBA (NSGB)

LIQUEFIED NATRUAL GAS (LNG)

REQUEST FOR PROPOSAL (RFP)

SPE604-18-R-0406

Table of Contents

Part I -- The Schedule

Section A – Solicitation

Section B – Supplies, Services and Pricing

Section C – Description/Specifications/Statement of Work

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

Section G - Contract administration data

Section H - Special contract requirements

Part II -- Contract Clauses

Section I - Contract clauses

Part III -- List of Documents, Exhibits, and Other Attachments

Section J - List of attachments

Part IV -- Representations and Instructions

Section K - Representations, Certifications, and Other Statements of Offerors or Respondents

Section L - Instructions, conditions, and notices to offerors or respondents

Section M - Evaluation factors for award

Part I -- The Schedule

Section A – Solicitation

A.1 General Information:

A.1.1 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included herein. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

A.1.2 This 80 page Solicitation, Solicitation Number SPE604-18-R-0406, is issued in accordance with FAR 16.503 as a request for proposal (RFP), on Friday, June 08, 2018.

A.1.3 The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-7 / 01-24-2018.

A.1.4 This acquisition has not been set-aside for small businesses and is issued under Full and Open Competition in accordance with FAR Subpart 6.1. The associated NAICS Code is 221210 and the small business size standard is 1000 employees.

This RFP is being issued in accordance with FAR Part 12, Acquisition of Commercial Items, and FAR Subpart 15.101-2, Lowest Price Technically Acceptable (LPTA) Source Selection Process.

A.1.5 The estimated LNG requirements volume to be delivered is 2,349,011 MMBtu over a 5-year period, beginning in May 2020. LNG will be delivered in May 2020, November 2020, and February 2021 for test quantities with regularly scheduled deliveries commencing in March 2021. The requirements contract will have no minimum or guaranteed quantity, and the estimated volume included herein and in the subsequent contract is subject to change. See Section B, Supplies or Services and Prices/Costs, for an estimated list of line item number(s) and items, quantities, and units of measure.

A.1.6 The item to be acquired is LNG fuel delivered to NSGB in support of an anticipated natural gas powered combined cycle power plant. The requirement for LNG is contingent on the future operation of this plant. See Section C, Description/Specifications/Statement of Work, for a description of requirements for the items to be acquired.

A.1.7 Offerors must propose a firm fixed price at or below the Government’s mandatory, all encompassing not-to-exceed price of $10.85 per MMBtu in order to be eligible for award.

A.1.8 The requirements contract will have a 5-year term. The period of delivery is anticipated to be from May 2020 through November 2023. FOB: Destination, pursuant to FAR Subpart 47.303-6. See Section B, Supplies or Services and Prices/costs, for expected date(s) and place(s) of delivery and acceptance, and FOB location point.

A.1.9 FAR Subpart 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and there is an addenda to the provision, see Section L, Instructions, Conditions, and Notices to Offerors or Respondents.

A.1.10 FAR Subpart 52.212-2, Evaluation -- Commercial Items will be used. See Section M, Evaluation Factors for Award, for the specific evaluation criteria to be included in paragraph (a) of that provision.

A.1.11 Offerors are to include a completed copy of the provision at FAR Subpart 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer.

A.1.12 FAR Subpart 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

A.1.13 FAR Subpart 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and additional FAR clauses cited in the clause are applicable to the acquisition.

A.1.14 Additional contract requirement(s) or terms and conditions are determined by the Contracting Officer (CO) to be necessary for this acquisition and consistent with customary commercial practices.

A.1.15 In addition to the requirements stated herein, Offerors shall comply with any and all applicable federal, state, local, and/or foreign laws and regulations in submission of their proposals and in performance of the contract.

A.1.16 Should an offeror take exception to elements of the solicitation, the exceptions must be clearly stated in writing. These exceptions shall be included in Volume IV of the offeror’s proposal.

A.1.17 Offerors shall submit questions in accordance with the instructions in this solicitation at Section L – Instructions, Conditions, and Notices to Offerors or Respondents

A.1.18 Proposals are due NLT 4:30 P.M. EST Monday, July 23, 2018. A Standard Form (SF) 1449 is not included because this is a combined synopsis solicitation.

Offerors shall submit proposals in accordance with the instructions in this solicitation at Section L – Instructions, Conditions, and Notices to Offerors or Respondents.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1619_229079

A.1.19 Offerors shall provide its name and complete address, including street, city, county, state, and zip code, and electronic address.

A.1.20 Offer expiration date is Saturday, January 19, 2019.

A.1.21 All questions regarding the instructions and/or requirements herein must be timely submitted in electronic form to DLAEnergyLNGTeam@dla.mil mailto:DLAEnergyLNGTeam@dla.mil

Section B – Supplies, Services and Pricing

B.1 General Requirement: Naval Station Guantanamo Bay (NSGB), Cuba anticipates requiring the delivery of an estimated 2,349,011 MMBtu of liquefied natural gas (LNG) during the 5-year term of the requirements contract. The following details apply:

B.1.1 Delivery point: FOB Destination.

B.1.2 Pricing: Contractor’s proposed price shall be provided on a firm, fixed price, per unit basis and shall include (but not be limited to) all price, costs, and fees for the LNG and all associated taxes, permits, licenses, transportation, and any other costs that could arise in meeting this requirement. This firm, fixed price must not exceed the government’s NTE of $10.85/MMBtu.

B.2 CLIN Description:

Contract Line Item Number

(CLIN)

Item/NSN Quantity (MMBtu)

0001 Liquefied Natural Gas 6830-01-672-6379

2,349,011

B.3 Estimated quantities to be delivered: Once the combined cycle power plant at NSGB is operational, LNG will be required on a bi-weekly (twice a month) delivery schedule. Government and contractor shall cooperate to determine timing and quantities for resupply deliveries based on actual daily LNG fuel consumption at NSGB in order to maintain a reserve inventory of average 14 days’ consumption, or about 29,363 MMBtu of LNG. The cited quantity constitutes the Government's best estimated quantity for the indicated performance period and is subject to change.

There is no guaranteed minimum for this requirements contract.

B.3.1 Annual LNG requirements are estimated at 813,722 MMBtu based on the monthly usage profile below:

Annual requirement:

Month MMBtu Month MMBtu Jan 64,196 Jul 78,663

Feb 58,776 Aug 76,855 Mar 54,250 Sep 70,525 Apr 69,624 Oct 71,432 May 73,239 Nov 63,294

Jun 69,624 Dec 63,294

B.3.2 Commissioning, Testing and Top Off period LNG requirements are estimated to be 93,961 MMBtu based on the usage profile below:

Commissioning / Testing / Top Off:

Month/ Year MMBtu Type

May-20 15,520 Initial cool down and commissioning of the LNG facility

Nov-20 15,520 CCPP commissioning Feb-21 62,921 Top-Off

Section C – Description/Specifications/Statement of Work.

C.1 Specifications: Specifications shall be adhered to in accordance with Attachment 3 and Table

1.1 below:

Table 1.1

Component Units Rich

Composition Lean

Composition Average

Composition

Nitrogen mol% 0.486 0.713 0.495 1.500 Maximum Methane mol% 89.299 97.682 96.605 92.000 Minimum Ethane mol% 7.601 1.342 2.476 8.000 Maximum n-Propane mol% 1.832 0.171 0.270 2.500 Maximum Maximum Butane and heavier ("C4+") mol% 2.000 Maximum i-Butane mol% 0.359 0.035 0.059 See C4+ Maximum n-Butane mol% 0.280 0.027 0.050 See C4+ Maximum i-Pentane mol% 0.073 0.015 0.016 See C4+ Maximum n-Pentane mol% 0.035 0.008 0.012 See C4+ Maximum Hexane mol% 0.031 0.001 0.011 See C4+ Maximum Carbon Dioxide mol% 0.005 0.005 0.005 0.010 Maximum Hydrogen mol% trace Maximum Oxygen mol% trace Maximum Molecular Weight lb/lbmol 18.03 16.40 16.59 Higher Heating Value Btu/scf 1,109 1,017 1,031 1,000 Minimum Lower Heating Value Btu/scf 1,002 917 930 900 Minimum Wobbe Index at 59F, 14.696 psia

Btu/scf (HHV) 1,406 1,351 1,362 1,350 Minimum

Methane Number (based on AVL calculation method)

73 75 Minimum

H2S grains per 100 SCF 0.25 Sulfur grains per 100 SCF 1.35

Suggested Limits for LNG when converted into gaseious state

Section D - Packaging and Marking.

RESERVED

Section E - Inspection and Acceptance.

E.1 The contractor shall provide a certification for each delivery including, but not limited to, the following information:

(a) LNG composition,

(b) Higher Heating Value (HHV),

(c) Lower Heating Value (LHV) and

(d) Volume delivered.

E.2 The government will test each delivery by sampling the LNG for future analysis and will also vaporize small samples of LNG to run through an onsite gas chromatograph to confirm composition/LHV/HHV. Sampling will continue throughout the unloading period of up to 8 hours. During unloading the contractor will also monitor delivery vessel tank levels, flow rates in the installation’s piping and levels in the installation’s LNG tanks to verify delivered volumes.

E.3 Measurement and Tests – The contractor shall further abide by the measurement and test criteria as set forth in Attachment 2.

E.4 Quantities Delivered

Calculation of MMBtu Quantities. The quantity of MMBtu delivered shall be calculated by the contractor and verified by the Government. The Government may require the measurements and calculations and/or verification by an independent surveyor. If the quantity calculated by the contractor is not confirmed by the independent surveyor, the contractor shall be responsible for the expense incurred by the Government in hiring a surveyor.

E.5 Determination of Gross Heating Value. All component values shall be in accordance with the latest revision of GPA Standard 2145 SI (2009) - Physical Constants for Hydrocarbons & Other Compounds of Interest to the Natural Gas Industry and the latest revision of the reference standards therein. Standard reference conditions for Hi component should be 15°C & 101.325 kPa.

E.6 Determination of Volume of LNG Loaded. The LNG volume in the tanks of the LNG transport vessel(s) (LNG Tanker) before and after unloading (valves have to be closed) shall be determined by gauging on the basis of the tank gauge tables. During the period when measurement is occurring, no LNG cargo, ballast, boil-off gas, fuel oil or other cargo transfer activity will be carried out on the LNG Tanker, and the valves must be closed. Measurements shall first be made immediately before unloading commences.

A second gauging shall be made immediately after unloading is completed. Accordingly, the second gauging shall be conducted upon the confirmation of shut-off of the manifold ESD valves, with transfer pumps off and allowing sufficient time for the liquid level to stabilize. Measurements prior to unloading and after unloading will be carried out based on the condition of the LNG Tanker's lines upon arrival at berth. Since significant volumes of LNG may remain in the LNG Tanker's manifold and crossover, gauging will be performed with these lines in the same condition prior to unloading and after unloading. The volume of LNG remaining in the tanks immediately after unloading of the LNG Tanker shall be subtracted from the volume immediately before loading and the resulting volume shall be taken as the volume of the LNG delivered from the terminal to the LNG Tanker.

The volume of LNG stated in cubic meters to the nearest zero point zero zero one (0.001) cubic meter, shall be determined by using the tank gauge tables and by applying the volume corrections set forth therein.

E.7 LNG Custody Transfer – The contractor shall adhere to the principles and methods outlined in the LNG Custody Transfer Handbook by the International Group of Liquefied Natural Gas Importers.

FAR 52.246-2 Inspection of Supplies -- Fixed-Price (Aug. 1996)

(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test 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. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)

(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or

(2) terminate the contract for default.

Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)

(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time --

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance.

Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor

(1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement.

When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

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

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

(b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003

Section F - Deliveries or Performance.

FAR 52.247-34 F.o.b. Destination applies.

F.1 NSGB is a military facility and the contractor shall expect limited logistical support from NSGB other than services required for connection and offloading of LNG transported.

F.1.1 The contractor must provide and maintain its own transportation and loading/unloading equipment and vessels.

F.1.2 Port access and LNG offloading will be scheduled with the NSGB Port Operations Officer as to avoid disruptions to USN and United States Coast Guard (USCG) operations. All vessel activities will be arranged by the Dock Master and contracted port services contractor.

F.1.3 The contractor operating the combined cycle power plant and LNG storage facility will provide qualified personnel to receive, load, transport, handle, and unload the LNG. This includes providing the vessel with hoses and piping as required for offloading the LNG.

F.1.4 The Contractor shall provide all loading of freight and ocean freight, off- loading, and handling as required.

F.1.4.1 The LNG Delivery Point will be at the LNG delivery vessel flange to which the government will attach the LNG facility's LNG hose.

F.2 Marine Insurance: Marine insurance (Hull & Machinery, Protection & Indemnity, etc.) shall be furnished by the contractor at no additional cost to the Government.

F.3 Ship Arrival.

F.3.1 All passengers on board ships/vessels transporting LNG to NSGB must complete the required entry approval process not less than 60 days prior to departure of vessel from the port of embarkation. The contractor shall furnish to the Contracting Officer the following information:

a) Name of vessel.

b) Place of registry and registry number.

c) Name, nationality, passport number, and address of owner.

d) Name, nationality, and address of operator.

e) Gross tonnage, length, beam, and draft of vessel.

f) Nationality and numbers of officers and crew (include crew list).

g) Number of passengers (include passenger list).

h) Last port of call prior to entry into Guantanamo Bay Naval Defense Sea Area.

i) Purpose of visit.

j) Proposed date of entry and estimated duration of stay.

F.3.2 Passengers and crew will be subject to base regulations and all applicable federal law.

F.3.3 All personnel approaching and/or entering NSGB must submit a SECNAV 5512 security access request form. SECNAV 5512 forms are routed through local, US, and international security agencies. SECNAV 5512 forms take 15 business days for US citizens and a minimum of 60 business days for all other personnel. Personnel without a cleared/accepted SECNAV 5512 form will not be granted access to NSGB and persons may be subject to isolation/holding. On long term contracts, the SECNAV 5512 form will be good for multiple visits within a single year.

F.3.3.1 A dedicated individual will be responsible for receiving the applicable

SECNAV 5512 forms and routing the request through the proper security measures.

F.4 LNG Delivery Vessels

F.4.1 LNG vessels will offload at Pier – To Be Determined.

F.4.2 Pier can accommodate the following:

Vessel Type LNG Capacity, cu m

Length Overall, m

Beam, m

Draft (Summer), m

Articulated Tug Barge

(ATB)

nominal 2,000 91 (including tug) 18.3 4.6

Small-Scale LNG (SSLNG) Carrier up to 15,000 up to 155 up to 22.7 up to 8.5

F.4.2.1 Other vessels can be considered upon request by the contractor. The pier accommodates larger vessels with displacement up to 41,000 metric tonnes for unloading of other liquid fuels such as motor gasoline, diesel and jet fuel, as follows:

LOA, up to: 256 m Beam, up to: 32 m Draft, up to: 10 m

F.5 Port Information:

F.5.1 Port Receiving Hours of Operations:

Monday through Saturday 0730-1700.

Closed on Sundays and all U.S. Federal Holidays.

F.5.2 Berthing shall be done during daylight only.

F.6 LNG Conditions on Barge/Vessel at Time of Delivery

F.6.1 LNG Composition per paragraph C.1, above; terminal has gas chromatograph to verify delivered LNG composition and HHV

Minimum LNG Saturated Pressure 5 psig Maximum LNG Saturated Pressure 20 psig Average LNG Saturated Pressure 10 psig

F.7 Unloading Design Conditions

F.7.1 LNG storage capacity is 62,921 MMBtu.

F.7.2 LNG unloading operations are estimated at up to one-half day (12 hours) per delivery.

F.7.3 The following design conditions apply to the LNG barges/vessels arriving at the

Facility:

LNG Barge/Vessel Pump-out Pressure 150 psig LNG unloading rate 250 cu m/hr.

LNG unloading connections flanged connection with Powered Emergency

Release Coupling (PERC) to 4” LNG hose;

Emergency Shutdown (ESD) umbilical

F.8 LNG Deliveries and Storage

Net LNG storage capacity 62,921 MMBtu

Average Daily LNG Consumption 2,229 MMBtu

Required LNG reserve 14 days, 31,460 MMBtu

Delivery Interval up to 14 days

F.9 Mooring Analysis

F.9.1 In accordance with maritime industry standards and practices, the contractor shall perform their own mooring analysis.

F.9.2 The contractor shall meet, at a minimum, the requirements in UFC 4-159-03 Mooring Service Type I (35 knots sustained winds, 1 knot current) OR use a standard quasi-static mooring analysis from PIANC.

F.9.3 Additionally, contractor is responsible for ensuring that seismic requirements do not apply during fuel transfer.

F.9.4 Upon completion of the mooring analysis, the contractor shall submit their report and vessel specifications to NSGB Port Operations Officer and NAVFAC SE.

F.10 LNG Tankers

F.10.1 Each LNG Tanker shall comply with the regulations of, and obtain all Approvals required by, Governmental Authorities to enable such LNG Tanker to enter, leave and carry out all required operations at the NSGB Facility. Each LNG Tanker shall at all times have on board valid documentation evidencing all such Approvals. Each LNG Tanker shall comply fully with the International Safety Management Code for the Safe Operation of Ships and Pollution Prevention effective July 1, 1998, as amended from time to time, and at all times be in possession of valid documents of compliance and safety management certificates, and be able to demonstrate that the LNG Tanker has an effective management system in operation that addresses all identified risks, and provides proper controls for dealing with these risks.

F.10.2 Each LNG Tanker must satisfy the following requirements

F.10.2.1 Except as otherwise mutually agreed in writing by the parties, each LNG Tanker shall be of a sufficient size to load the applicable scheduled cargo quantity (subject to an Operational Tolerance of being within 2% of the scheduled cargo quantity).

F.10.2.2 Except as otherwise agreed in writing by the contractor, which agreement shall not be unreasonably withheld, each LNG Tanker shall have a gross volumetric capacity of between two-thousand to fifteen-thousand (2,000-15,000) Cubic Meters.

F.10.2.3 Each LNG Tanker shall be, in accordance with International Standards,

(i) fit in every way for the safe loading, unloading, handling and carrying of LNG in bulk at atmospheric pressure; and (ii) tight, staunch, strong and otherwise seaworthy with cargo handling and storage systems (including instrumentation) necessary for the safe loading, unloading, handling, carrying and measuring of LNG in good order and condition.

F.10.2.4 Each LNG Tanker shall at all times be maintained in class with any of the following: American Bureau of Shipping, Lloyd's Register, Bureau Veritas, Det Norske Veritas or any other classification society that is mutually agreeable to the Parties.

F.10.2.5 Each LNG Tanker shall have been constructed to all applicable

International Standards (including the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk).

F.10.2.6 Each LNG Tanker shall comply with, and shall be fully equipped, supplied, operated, and maintained to comply with, all applicable International Standards and Applicable Laws, including those that relate to seaworthiness, design, safety, environmental protection, navigation, and other operational matters, and all procedures, permits, and approvals of Governmental Authorities for LNG vessels that are required for the transportation, loading and unloading of LNG at the Port. Unless approved by the Contractor in writing, which approval shall not be unreasonably withheld or delayed, an LNG Tanker shall be prohibited from engaging in any maintenance, repair or in-water surveys while berthed at the NSGB Facility. Each LNG Tanker shall comply fully with the applicable guidelines of any Governmental Authority of the United States of America, including the National Oceanographic and Atmospheric Administration (NOAA), in relation to actions to avoid strikes in the waters of the United States of America with protected sea turtles and cetaceans (e.g., whales and other marine mammals) and with regard to the reporting of any strike by the LNG Tanker which causes injury to such protected species.

F.10.2.7 The officers and crew of each LNG Tanker shall have the ability, experience, licenses and training commensurate with the performance of their duties in accordance with internationally accepted standards with which it is customary for Reasonable and Prudent Operators of LNG vessels to comply and as required by Governmental Authorities and any labor organization having jurisdiction over the LNG Tanker or her crew. Without in any way limiting the foregoing, the master, chief engineer, all cargo engineers and all deck officers shall be fluent in written and oral English and shall maintain all records and provide all reports with respect to the LNG Tanker in English.

F.10.2.8 Each LNG Tanker shall have communication equipment complying with applicable regulations of Governmental Authorities and permitting such LNG Tanker to be in constant communication with the NSGB Facility and with other vessels in the area (including fireboats, escort vessels and other vessels employed in port operations).

F.11 Notices

F.11.1 As soon as practicable after the LNG Tanker's departure from the point of departure en route to the NSGB Facility, the Contractor shall notify, or cause the master of the LNG Tanker to notify, the Government of the information specified below (the “In-Transit First Notice”):

a. name of the LNG Tanker and, in reasonable detail, the dimensions, specifications, tank temperatures, volume of LNG onboard, operator, and owner of such LNG Tanker;

b. any operational deficiencies in the LNG Tanker that may affect its performance at the NSGB Facility or berth; and ETA.

F.11.2 With respect to each LNG Tanker scheduled to call at the NSGB Facility, the

Contractor shall give, or cause the master of the LNG Tanker to give, to the Government the following notices:

a. A second (2nd) notice (“In-Transit Second Notice”), which shall be sent ninety-six

(96) hours prior to the ETA set forth in the In-Transit First Notice, stating the LNG

Tanker's then ETA. If, thereafter, such ETA changes by more than six (6) hours, the Contractor shall give promptly, or cause the master of the LNG Tanker to give promptly, to the Government notice of the corrected ETA;

b. A third (3rd) notice (“In-Transit Third Notice”), which shall be sent twenty-four (24) hours prior to the ETA set forth in the In-Transit Second Notice (as corrected), confirming or amending such ETA. If, thereafter, such ETA changes by more than three

(3) hours, the Contractor shall give promptly, or cause the master of the LNG Tanker to give promptly, to the Government notice of the corrected ETA;

c. A fourth (4th) notice (“In-Transit Final Notice”), which shall be sent twelve (12) hours prior to the ETA set forth in the In-Transit Third Notice (as corrected), confirming or amending such ETA. If, thereafter, such ETA changes by more than one (1) hour, the Contractor shall give promptly, or cause the master of the LNG Tanker to give promptly, to the Government notice of the corrected ETA.

F.12 Berth Time

F.12.1 The allotted berth time for each LNG Tanker (“Allotted Berth Time”) shall be up to 12 hours.

F.12.2 The allotted Berth Time shall be extended by any period of delay that is caused by:

a. reasons attributable to the Government, a Governmental Authority, Transporter, the LNG Tanker or its master, crew, owner or operator or any Third Party outside of the reasonable control of the Contractor;

b. Force Majeure;

c. unscheduled curtailment or temporary discontinuation of operations at the NSGB Facility necessary for reasons of safety;

d. time at berth during cool-down; and

e. night-time transit restrictions.

F.12.3 The actual berth time for each LNG Tanker (“Actual Berth Time”) shall commence when the customary pilot boarding station at NSGB where the pilot boards the LNG Tanker to regulate transit and berthing of vessels is effective and shall end when the LNG transfer and return lines of the LNG Tanker are disconnected from the NSGB Facility's LNG transfer and return lines and the LNG Tanker is cleared for departure and able to depart.

F.13 Schedule of Contractor’s LNG Terminals Shutdowns for Turnaround

(a) Within 30 days from the date of contract award, the Contractor shall furnish to the Contracting Officer a tentative LNG terminal shutdown schedule for the contract period in order that the placement of orders and the delivery of supplies as set forth under the DELIVERY AND CONTRACT PERIODS or the DELIVERY AND ORDERING PERIODS contract provisions may be adjusted to provide for delivery of the entire contract quantity. The schedule will identify the specific period(s) when the LNG terminal will be shut down and the effect that the shutdown will have on availability of each product under the contract. Any revisions to this schedule will necessitate prior notice of at least 60 days in order to coordinate the placement of orders for the delivery of the entire contract volume.

(b) If the Contractor cannot provide the 60 days advance notice, then, at no additional cost to the Government, the Contractor shall maintain sufficient inventory to make deliveries in support of the ordering activities' requirements or the Contractor shall provide for an alternate source for product during the shutdown period(s).

F.14 Tanker Inspection

F.14.1 During the Term, on prior reasonable notice to the Contractor, the Government may send its representatives (including an independent internationally recognized maritime consultant) to inspect during normal working hours any LNG Tanker as the Government may consider necessary to ascertain whether the LNG Tanker complies with the contract. Any such inspection may include, as far as is practicable having regard to the LNG Tanker's operational schedule, examination of the records related to the LNG Tanker's hull, cargo and ballast tanks, machinery, boilers, auxiliaries and equipment; examination of the LNG Tanker's deck, engine and official log books; review of records of surveys by the LNG Tanker's classification society and relevant Governmental Authorities; and review of the LNG Tanker's operating procedures and performance of surveys, both in port and at sea. Any inspection carried out: (a) shall not interfere with, or hinder, any LNG Tanker's safe and efficient operation; and (b) shall not entitle the Government or any of its representatives to make any request or recommendation directly to Transporter except through the Contractor. No inspection (or lack thereof) of an LNG Tanker hereunder shall: (i) modify or amend the Contractor’s obligations, representations, warranties, and covenants hereunder; or (ii) constitute an acceptance or waiver by the Government of the Contractor’s obligations hereunder.

Section G - Contract administration data.

G.1 Contractor shall include the payment address in the proposal.

G.2 Invoice Numbering Requirements:

Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions.

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

(Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section H - Special contract requirements.

DFARS 252.247-7023 Transportation of Supplies by Sea (APR 2014)

(a) Definitions. As used in this clause—

“Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

“Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

“Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel.

“Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

“Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) “Supplies” includes (but is not limited to) public works;

buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools;

material; equipment; stores of all kinds; end items;

construction materials; and components of the foregoing.

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if—

(i) This contract is a construction contract; or

(ii) The supplies being transported are—

(A) Noncommercial items; or

(B) Commercial items that—

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S.

military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that—

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum—

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief—

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM

DESCRIPTION

CONTRACT LINE

ITEMS

QUANTITY

TOTAL

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

Part II -- Contract Clauses

Section I - Contract clauses.

FAR 52.216-18 -- Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from April 2020 through November 2023.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-21 -- Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for…