FINAL_SPE605-18-R-0227.pdf

SPE605-18-R-0227

SOLICITATION OF OFFERS

FOR THE SALE OF

FUEL OIL RECLAIMED (FOR)

AT

Navy Base (NB) San Diego BOWTS

Fleet Logistics Center (FLC) San Diego, CA &

Naval Facilities Engineering Command (NAVFAC) Southwest San Diego, CA

Offers Closing Date: 13 July 2018

BUYER: Matthew Womer

PHONE: (571) 767-9543

CONTRACTING OFFICER: Lawrence Watson

PHONE: (571) 767-9546

DEFENSE LOGISTICS AGENCY

DLA ENERGY

Ground Fuels Division II, DLA ENERGY-FEPBB

8725 JOHN J. KINGMAN RD, STE 4950

FT BELVOIR VA 22060-6222

FACSIMILE: (571) 767-8506 or DSN 427-8506 http://www.dla.mil/energy http://www.dla.mil/energy

TABLE OF CONTENTS

SECTION A – SOLICITATION

A.1 Introduction/Description/Product Description 3 SECTION B – Offers B.1 Preparation and Submission of Offers 3 B.2 Modification and Withdrawal of Offers 4 B.3 Facsimile Offers, Modifications, and Withdrawals 4 B.4 Consideration of Offers 5 B.5 Contract Award 5 B.6 Economic Price Adjustment 5

SECTION C – PAYMENT

C.1 Letter of Credit 6 C.2 Cashier’s Check (Optional) 7 C.3 Payment 7 C.4 Payment Due Date 7 C.5 Payment Address 7 C.6 Interest 7

SECTION D– TITLE AND REMOVAL OF PRODUCT

SECTION E – PRODUCT REMOVAL

E.1 Loading/Shipping 8 E.2 Quantity Determination 9 E.3 Insurance Requirements 10 E.4 Assumption of Risk and Disclaimer of Liability 10 E.5 Fuel Spills 10 E.6 Transporting Hazardous Materials 10 E.7 Environmental Considerations 11 E.8 Compliance with Laws and Regulations 11 E.9 Health Warning 11

SECTION F – CONTRACT ADMINISTRATION DATA

F.1 Termination for Cause 11 F.2 Disputes 11 F.3 Termination for the Convenience of the Government 11 F.4 Protests 12 F.5 Excusable Delays 12 F.6 Modification 12 F.7 Officials Not to Benefit 12 F.8 Covenant Against Contingent Fees 12 F.9 Extension Provisions 13

SECTION G – DEFINITIONS

SECTION H – CERTIFICATIONS

H.1 Taxpayer Identification Number (TIN) 14 H.2 Contingent Fee Representation and Agreement 14

H.3 Certification Regarding Debarment, Suspension, Proposed Debarment, and other Responsibility Matters 15 H.4 Barge Free Time and Demurrage Charges 15

H.5 Intended Use of Purchased Product 16 H.6 Certification for Letter of Credit/Cashier’s Check (Optional) 16

SECTION I – EXHIBITS

I.1 EXHIBIT A – Solicitation/Contract for Sale of Product I.2 EXHIBIT B – Specification MIL-F-2491B (SA), 10 Feb 95 I.3 EXHIBIT C – Material Safety Data Sheets

I.4 EXHIBIT D – Sample – Irrevocable Standby Letter of Credit I.5 EXHIBIT E - Product Test Sample – FLC San Diego, I.6 EXHIBIT F - Product Test Sample – NB San Diego I.7 EXHIBIT G - Product Test Sample – NAS North Island

SECTION A – SOLICITATION

A.1 Introduction/Description/Product Description

a. The Defense Logistics Agency (DLA), DLA Energy, is soliciting written offers for the SALE of Fuel Oil Reclaimed (FOR), for the period Date of Award through 30 June 2023, as follows:

Item Number Location Product Estimated Quantity / USG

609-FR FLC San Diego, Pt. Loma FOR 1,000,000 per year

611-FR NB San Diego BOWTS FOR 1,000,000 per year

613-FR NAS North Island IWTP FOR 1,000,000 per year

b. The quantities of product specified above and in the EXHIBIT A – Solicitation/Contract for Sale of Product are estimates only and are not sold by the contract resulting from this solicitation. Except as otherwise provided herein, the Government shall sell to the Contractor all product specified in EXHIBIT A that is required to be sold by the Government activity or activities specified in the EXHIBIT A.

c. FOR supplied by the Government is expected to meet or exceed specifications contained in MIL-F-24951B (SA), 10 FEB 95 (EXHIBIT B) however; fuel is being sold “AS IS”. "AS-IS" means the Government makes no warranty, express or implied, as to quantity, kind, character, quality, weight, size, or description of any of the product, or its fitness for any use or purpose. The product will be sold in United States Gallons (USG). The description of the product is based on the best information available to the Government.

d. Offeror is invited and urged to inspect the product to be sold prior to submitting an offer.

i. Any request for inspection should include the name and title of each individual wishing to examine the product. The Government reserves the right to limit the number of individuals seeking access to Point Loma and Navy Public Works Facilities as well as to refuse access to any individual deemed by the Government to be a security risk. Prospective Offerors should telephone the facility to be apprised of the time when product will be available for inspection at the facility. Product is generally available Monday through Friday from 7:30 A.M. and 3:00 P.M. Local Time. Requests for an appointment to inspect the product must be made to:

Mr. Paul Castro [ITEM 609-FR POINT LOMA]

Fleet Logistics Center San Diego, Point Loma 199 Rosecrans Street Bldg. 50

SAN DIEGO, CA 92106

Facsimile Number: (619) 553-4877

Telephone Number: (619) 553-1317 E-Mail: paulino.castro@navy.mil

FOR APPOINTMENT: CALL DIGNA FERIA

Facsimile Number: (619) 553-1983 Telephone Number: (619) 553-1326 E-Mail: digna.feria@navy.mil

Ms. Ellen Nelson [ITEMS 611-FR & 613-FR] Noreas Environmental Services

PO Box 181470 Coronado, CA 921785

Facsimile Number: (619) 767-1427 Telephone Number: (619) 545-7537 or (619) 534-1923 E-Mail: ellen.v.nelson.ctr@navy.mil or ellen.nelson@NESllc.com

ii. Prospective Offerors, their agents, and employees shall at all times comply with applicable rules and regulations in existence at NAVFAC Southwest San Diego, CA.

e. The prospective Offeror, or its designee, may at its own cost and expense, take samples not to exceed five (5) gallons. The Government does not warrant any samples of this product to be representative of the entire quantity being offered under this solicitation.

SECTION B – OFFERS

B.1 Preparation and Submission of Offers

a. The deadline for the receipt of offers is 3:00 p.m., local time Fort Belvoir, Virginia, USA, on 13 July, 2018.

Offers should be based on the terms and conditions set forth in this solicitation.

b. The minimum offer for each line item shall be for the removal of all product. An offer for less than the minimum quantity shall not be considered. Offerors should telephone the Contracting Officer at (571) 767-9546 or Contract Specialist at (571) 767-9543, prior to the submission of an offer to clarify issues or resolve concerns regarding this sale.

c. All offers are to be fully completed and must be submitted with an original signature appearing on the form provided in EXHIBIT A – Solicitation/Contract for Sale of Product. By the submission of an offer, the Offeror agrees to be bound by the terms and conditions of this solicitation. For each line item offered, the Offeror shall:

(1) enter the mode of pick-up to be used;

(2) enter the unit price; and

(3) the total price in the "Total Offered Price" column for initial award – price will escalate weekly after award.

(4) Each Offeror shall complete and furnish SECTION H - Certifications along with its offer.

d. Original offers and modifications submitted by mail or hand delivered shall be enclosed in a sealed envelope and addressed:

ATTN: DLA ENERGY/M. WOMER-FEPBB

DLA ENERGY

8725 JOHN J. KINGMAN RD SUITE 4950

FORT BELVOIR, VA 22060-6220

e. Offerors may submit offers by electronic mail or facsimile under this solicitation. These responses must arrive at the place, and by the time, specified above in this solicitation (see SECTION B.2 – Facsimile Offers, Modifications, and Withdrawals). Offerors should use email address: matthew.womer@dla.mil or the facsimile number: (703) 767-8506.

f. The Offeror agrees, if this offer is accepted within thirty (30) calendar days from the date specified in the solicitation for receipt of offers, to purchase all product on which offers are made at the price offered and to take delivery of the product within the removal period specified in SECTION E - Removal of Product.

B.2 Modification and Withdrawal of Offers

a. Offers may be withdrawn or modified by written notice or facsimile received at any time prior to the exact time mailto:ellen.v.nelson.ctr@navy.mil mailto:matthew.womer@dla.mil specified for receipt of offers (see Section B.3 – Facsimile Offers, Modifications, and Withdrawals below).

b. Prior to the exact time specified for receipt of offers, an offer may be withdrawn in person by an Offeror or its authorized representative if the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

B.3 Facsimile Offers, Modifications, and Withdrawals

(1) Definition. "Facsimile offer/modification", as used in the solicitation, means an offer, a modification of an offer, or withdrawal of an offer that is transmitted to and received by the Government via electronic equipment that communicates and reproduces both printed and handwritten material.

(2) Facsimile offers/modifications, and withdrawals that reject any of the terms, conditions, and provisions of this solicitation, are otherwise incomplete, or contain garbled information, may be excluded from consideration.

(3) Facsimile offers/modifications must contain the required signatures.

(4) If requested to do so by the Contracting Officer, the apparently successful Offeror agrees to promptly submit the complete original signed offer/modification.

(5) The Government will not be responsible for any failure attributable to the transmission or receipt of the facsimile offer/modification including, but not limited to, the following:

(a) Receipt of garbled or incomplete offer/modification.

(b) Availability or condition of the receiving facsimile equipment.

(c) Incompatibility between the sending and receiving equipment.

(d) Delay in transmission or receipt of the offer/modification.

(e) Failure of the Offeror to properly identify the offer/modification.

(f) Illegibility of offer/modification.

(g) Security of the data contained in the offer/modification.

B.4 Consideration of Offers

a. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government.

b. The Government reserves the right to reject any or all offers, to waive any informalities and minor irregularities in an offer, as may be in the best interest of the Government.

c. The Government may award a contract on the basis of initial offers received, without discussions.

Accordingly, each initial offer should be submitted on the most favorable terms, which the Offeror can submit to the Government. However, the Government reserves the right to conduct discussions if it is later determined by the Contracting Officer to be necessary.

d. The Government reserves the right to award a quantity less than the quantity offered, at the unit price offered, unless the Offeror specifies otherwise in the offer.

e. When more than one offer has been received for product listed in the solicitation, the Government reserves the right, at its discretion, to request final proposal revisions from those Offerors who have submitted responsive offers.

In the event the Government requests final proposal revisions, a date and time for receipt of such offers will be set forth in the request. Any final proposal revisions received after the time and date specified for the receipt of final proposal revisions will not be considered unless they are received before award and the late receipt is due solely to mishandling by the Government after receipt at the Government installation.

f. Award will be made only to a responsible source that meets the general standards set forth in Federal Acquisition Regulation 9.104-1. An Offeror may be determined to be non-responsible and therefore ineligible for award if there is a record of poor payment (e.g. checks returned for insufficient funds) or poor performance (failure to pay or remove product in a timely fashion).

B.5 Contract Award

A written award or acceptance of offer mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the Government.

B.6 Economic Price Adjustment

(a) WARRANTIES. The Contractor warrants that--

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and

(2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this clause.

(b) DEFINITIONS. As used throughout this clause, the term--

(1) Base price means--

(i) The unit price offered for an item and included in the contract award schedule; or

(ii) During any subsequent program year, either the effective contract price as of the start of the subsequent program year, or the price agreed upon as of the start of the subsequent program year.

(2) Base reference price means the preselected reference price for an item as published 19 March 2018.

In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the preselected reference price for an item as published on the date nearest in time prior to the date shown.

(3) Reference price means that published reference price or combination of published reference prices preselected by the Government for price adjustment for individual items by product, market area, and publication as specified in (d) below.

(4) Date of delivery means--

(i) For TANKER OR BARGE DELIVERIES.

F.O.B. ORIGIN. The date and time vessel commences loading.

(ii) FOR TRUCK DELIVERIES. The date product is received on a truck-by-truck basis.

(5) Calendar week means a consecutive seven-day period, beginning with whichever day of the week is specified in (c)(1) below.

(c) Adjustments: Contract price adjustments shall be provided via notification through contract modifications and/or posting to the FedBizOpps web page (https://www.fbo.gov/) under the heading Vendor Resources and then Product Price Adjustments to reflect any price change pursuant to this contract text.

(1) DAY OF PUBLICATION.

The reference price in effect on the date of delivery shall be that item's preselected reference price that is published and effective on the Monday of the calendar week in which the delivery is made, or, in the event there is no publication in that week, it shall be the item's preselected reference price as last previously published.

(2) CALCULATIONS. The prices payable hereunder shall be determined by adding to the award price the same number of cents, or fraction thereof, that the reference price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price, shall be carried to four decimal places, truncated.

(i) If averages are published within a given publication, then these averages will be used.

(ii) If averages are not available within a given publication, manually calculated averages will be used.

(3) REVISION OF PUBLISHED REFERENCE PRICE. In the event--

(i) Any applicable reference price is discontinued or its method of derivation is altered substantially; or

(ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions--the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the reference price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

(d) PUBLICATION: The following publication is used:

OPIS West Coast (Los Angeles Basin) Light Cycle Spot Assessment – Prior Weekly Average of the High and Low Assessments

(e) BASE REFERENCE: The base reference price is $1.5719 effective 19 March 2018. Offers should be based on this reference price. Prices will be revised each Monday, by Contract Modification, to reflect the effective weekly average price applicable to sales lifted within that calendar week.

SECTION C – PAYMENT

C.1 Letter of Credit

a. Within two (2) business days of receipt of award the Purchaser must provide the Contracting Officer an “Irrevocable Standby Letter of Credit” established in favor of the Defense Finance and Accounting Service – Columbus, and equal to 75% of the contract award (“contract award” being the estimated quantity per line item multiplied by the award price per line item) and containing the provisions set out in EXHIBIT D – Sample – Irrevocable Standby Letter of Credit. The Letter of Credit must be issued by a depository institution located in and authorized to do business in any state of the United States or the District of Columbia, and authorized to issue letters of credit by the banking laws of the United States or any state of the United States or the District of Columbia. The original of the Letter of Credit must be sent to the Contracting Officer at the address specified on the cover page of this solicitation. Failure to provide the Letter of Credit may constitute grounds for termination of the contract(s) for cause.

b. The Letter of Credit must be an “Irrevocable Standby Letter of Credit,” and MUST NOT VARY IN SUBTANCE from the sample in EXHIBIT D. If the Letter of Credit contains any provisions at variance with EXHIBIT D, or fails to include any provisions contained in EXHIBIT D, nonconforming provisions must be deleted and any missing provisions must be added or the Letter of Credit will not be accepted. The Letter of Credit must be effective on or before the date of first pick-up under the contract, and remain in effect for the entire contract period, must permit multiple partial drawings, and must contain the contract number. The issuing bank must provide documentation indicating that the person signing the Letter of Credit is authorized to do so, in the form of corporate minutes, the Authorized Signature List, or the General Resolution of Signature Authority.

c. All wire deposit and Letter of Credit costs will be borne by the Purchaser.

Within 30 calendar days after the final payment under the contract, the Contracting Officer shall authorize the cancellation of the Letter of Credit and shall return it to the bank or financial institution issuing the Letter of Credit. A copy of the notice of cancellation will be provided to the Purchaser.

C.2 Cashier’s Check (Optional)

In lieu of providing a Letter of Credit under SECTION C.1 above, the Purchaser may agree to pay for 75% of product, prior to each shipment initiated under this contract, by means of a certified or cashier’s check issued by a depository institution located in and authorized to do business in any state of the United States or the District of Columbia.

Prior to removing product, the Purchaser must provide a certified or cashier’s check payable to “U.S. Treasury” (609-FR) or “US Navy Public Works Center, San Diego” (611-FR & 6113-FR) for an amount equal to 75% of the quantity of product stated in the contract multiplied by the price in effect on the date of the product pick-up. The certified or cashier’s check must be received by the Office designated in Block D4 above, at or before the time and the place of the product pick-

up. Any balance due to the Government will be payable 10 days after product has been removed from the facility.

C.3 Payment

a. The Offeror agrees to pay for product at the price or prices quoted in this offer. Payments for line item 609- FR shall be made in US dollars payable to “U.S. Treasury” noting the Line of Accounting 97X4930.5CF0.01-26- S33150. Payments for Line Items 611-FR & 613-FR shall be made payable to “US Treasury c/o Naval Facilities Engineering Command (NAVFACSW), San Diego noting Line of Accounting 97X-4930.NE1E-000-77777-0- 062473-2F-000000-WRRE12-6278700XXXXX. Payment shall be made by company check, certified check, cashier’s check or bank check made payable to the designated office. All checks must be drawn on a U.S. domestic bank. Foreign checks will not be accepted. A service charge of $50.00 will be applied to all returned checks.

b. Payments shall be accompanied by identifying information including the contract number and a copy of the DD 250 / DD 250-1 (Inspection and Receiving Report); DD1149 (Requisition and Invoice / Shipping Document) and/or other tickets provided by the transporter to show quantity purchased. Receipt document will be signed by a Government representative to verify quantity purchased.

C.4 Payment Due Date

The Purchaser shall pay for the product within ten (10) calendar days after the Government transfers title to the Purchaser.

C.5 Payment Addresses

FLCSD, Point Loma [Line Item 609-FR] Defense Finance and Accounting Service [DFAS] Columbus P.O. Box 182317

ATTN: DFAS-ADPSD/CA-F

Columbus, OH 43218-6255

NAVFAC Southwest [Line Items 611-FR & 613-FR]

NAVFAC SW

Attn: Sarah Lugue, BL1, FL5, RM550 1220 Pacific Highway San Diego, CA 92132

C.6 Interest

a. Notwithstanding any other clause of this contract, all amounts that become payable by the Purchaser to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. Simple interest shall be paid at the rate, fixed by the Secretary of the Treasury as provided in 41 USC Section 7109, which is applicable to the period in which the amount becomes due and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary until the amount due is paid in full.

b. Amounts shall be due at the earliest of the following dates:

(1) Ten (10) calendar days after the Government transfers title to the Purchaser.

(2) The date specified under SECTION D - Removal of Product, Paragraph b. if the Purchaser fails to remove the product within the contract removal period.

The date of the first written demand for payment consistent with this contract, including any demand resulting from a default termination.

(3) The date the Government transmits to the Offeror a proposed settlement agreement to confirm completed negotiations establishing the amount of debt.

SECTION D – TITLE AND REMOVAL OF PRODUCT

a. Title to the product, and risk of loss thereof, shall pass from the Government to the Purchaser at the point the product passes into the Purchaser’s barge, truck, or other conveyance at the pick-up location designated in EXHIBIT A – Solicitation/ Contract for Sale of Product.

b. The removal period for the product at San Diego locations specified herein, as authorized by the Ordering Officer (for the Selling Activity) to the Contractor, is from the date of Contract award through 30 June, 2023. The order for lift of product will specify a specific remove by date for each shipment. The Contractor shall pick-up product by the date specified in the order. Verbal orders may be issued, however, verbal orders must be confirmed in writing, by facsimile, within 24 hours of the order being called to the Contractor. Activity should give at least one week notice for all orders for pickup. NOTE: Upon receipt of Order actual removal dates and shipping conditions as noted in the contract/order may be adjusted by mutual agreement between the Purchaser and the Ordering Officer, or the Purchaser and the DLA Energy Contracting Officer. If the Purchaser fails to remove the product on or before the last day of the contract removal period through no fault of the Government, an invoice for all product remaining in storage on the last day of the contract removal period will be issued by the Government to the Purchaser.

c. The contract is awarded FOB Origin. The Purchaser shall provide its own offload mechanism to receive the fuel at the pick-up lolcation(s) designated in “Exhibit A”. The product shall be removed to the suction line in the tank.

SECTION E – PRODUCT REMOVAL

E.1 Loading/Shipping

a. The Purchaser shall furnish the Government complete shipping and document distribution instructions and the necessary commercial bills of lading to accomplish shipment. These documents shall be furnished two days prior to the loading date of the fuel transfer of product. Shipping instructions shall include, but not be limited to, the following:

(1) Quantity of product to be released.

(2) Designation of type and kind of conveyance.

(3) Name of carrier and the name of an individual who will serve as a contact for the carrier (please include a phone number where this contact can be reached).

(4) "Ship to" location.

(5) Minimum load per conveyance (optional).

(6) Desired shipping schedule.

(7) Warning labels, as required by Federal, State, or local health, environmental, or transportation agencies.

(8) Any additional pertinent information.

The shipping schedule furnished by the Purchaser shall be coordinated with Paul Castro (Point Loma) (619) 553- 1317 and Ellen Nelson (NAVFACSW locations) (619) 545-7537. Information regarding Government commitments at the storage location involved may be obtained from the address specified in Paragraph c. below. When applicable, instructions furnished shall also include the name of Purchaser's duly authorized agent who, as such, may furnish the above shipping instructions.

The Purchaser, its agent and employees shall at all times comply with all applicable rules and regulations existing at FISC San Diego, Naval Base San Diego BOWTS and North Island IWTP; and comply with all appropriate Federal, State and Local load limitations

b. The contractor is solely responsible for ensuring that the proper fittings and transport equipment is provided for loading. The government will not be held responsible for delays caused by improper loading equipment. Shipping instructions and information requested in Paragraph a. above are to be furnished to the following addresses:

Mr. Paul Castro [609-FR] FLC San Diego 199 Rosecrans St. Bldg. 50 San Diego, CA 92106

Facsimile Number: (619) 553-4877 Telephone Number: (619) 553-1317

E-Mail: paulino.castro@navy.mil

Ms. Ellen Nelson [611-FR & 613-FR] Noreas Environmental Services PO Box 181470 Coronado, CA 921785

Facsimile Number: (619) 767-1427 Telephone: (619) 545-7537 or (619) 534-1923

E-Mail: ellen.v.nelson.ctr@navy.mil or ellen.nelson@NESllc.com

c. Offloading will be performed to the extent that loading facilities and other commitments will permit. The Government reserves the right to schedule and coordinate the offloading of product.

d. The product is sold subject to quantity determination as described in SECTION E.2 – Quantity Determination.

e. DLA Energy should be contacted in emergencies for assistance during the loading by calling the Operations Center, Contingency Plans and Operations Division (DLA Energy -DL) Telephone: (571) 767-8420. The Government shall be afforded the opportunity to inspect the transport conveyance before and after loading of the product.

Furthermore, the Government shall be afforded an opportunity to retain a sample of the product dispensed into the transport conveyance. The Contractor should report any unforeseen problems to the DLA Energy Operations Center, Contingency Plans and Operations Division immediately.

E.2 Quantity Determination

1. The quantity of product purchased under this contract shall be determined as follows:

a. FISC San Diego, CA Fuel Department and NAVFAC SW Facilities meters or automatic tank gauges shall be used to determine the actual amounts of fuel issued depending on the mode of transport chosen by the Purchaser.

b. For issue(s) to a barge or tanker the quantity delivered will be measured using the automatic tank gauge on the issue tank.

c. The Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

d. Volume Correction: All product volume will be corrected to 60 degrees Fahrenheit as detailed in Paragraph e. below.

e. Measurement Standards: All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the American Petroleum Institute (API) Manual of the Petroleum Measurement Standards. Certified capacity tables shall mean capacity tables prepared by an independent inspector or an independent surveyor. In addition, the following specific standards will be used as applicable:

i. API Manual of Petroleum Measurement Standards Chapter 7, Method of Measuring the Temperature of Petroleum Products (API 2543/ASTM D 1086).

ii. API Manual of Petroleum Measurement Standards Chapter 9, Section 1, Density Determination (ASTM 1298).

iii. API Manual of Petroleum Measurement Standards Chapter 3, Method of Gauging Petroleum Products (API 2545/ASTM D 1085).

mailto:paulino.castro@navy.mil mailto:ellen.v.nelson.ctr@navy.mil mailto:ellen.nelson@NESllc.com

iv. API Manual of Petroleum Measurement Standards Chapter 11.1, Volume Correction Factors (API 2540/ASTM D 1250/IP 200). Either the printed version or the computer subroutine version of the standard may be used. For motor gasoline use Volume II, Tables 5B and 6B (or Volume VIII, Tables 53B and 54B). If the original measurement is by weight, using calibrated scales, then Volume XI, Table 8, shall be used to convert pounds to US gallons at 60 degrees Fahrenheit.

v. API Manual of Petroleum Measurement Standards Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent.

f. Units of Measure: Depending upon the unit shown in EXHIBIT A – Solicitation/Contract for Sale of Product, the unit of quantity, as used in this contract, shall be:

(1) The barrel of 42 USG;

(2) The USG of 231 cubic inches;

(3) The long ton of 2,240 pounds;

(4) The pound of 16 ounces.

Unless otherwise specified in the contract, the reference to gallons shall mean US gallons (USG).

E.3 Insurance Requirements

The Purchaser agrees to procure and maintain, and require any subcontractor to procure and maintain, during the term of this contract, or any extension thereof, adequate motor vehicle and general public liability and property damage insurance covering all duties and work to be performed under this contract, insuring against any third party claim for bodily injury or property damage, and Workman’s Compensation and Employer’s Liability Insurance and other legally required insurance for protection of employees. The motor vehicle and general public liability insurance shall provide limits of liability for bodily injury of not less than $200,000 for each person and $500,000 for each occurrence and property damage limits of not less than $100,000 for each accident.

E.4 Assumption of Risk and Disclaimer of Liability

The Purchaser, its assigns or agents, assumes full responsibility for all injury or damage to persons or property occasioned by or occurring in connection with or incident to any use or possession of this product. The Government assumes no liability for any damages to the property of the Purchaser or any other person or property, or for any personal injury, illness, disability or death to the Purchaser, Purchaser’s employees or any other person subject to Purchaser's control, or for any other consequential damages arising from or incident to Purchaser’s control, or for any other consequential damages arising from or incident to the purchase, use, loading, processing, disposition, or any subsequent operation performed upon, exposure to or contact with any component, part, constituent or ingredient of this item, material or substance. The Purchaser agrees to include this clause in any transportation contract for removal of the product.

E.5 Fuel Spills

a. The Purchaser shall take all measures as required by law to prevent fuel spills at the pick-up location(s) (including but not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping into or onto any land or water). In the event the Contractor spills any fuel the Purchaser shall be responsible for containment, cleanup, and disposal of the fuel spilled. Should the Purchaser fail or refuse to take the appropriate containment, cleanup and disposal actions, the Government may do so itself. The Purchaser shall reimburse the Government for all expenses incurred including fines levied by Federal, State or local Governments. The Purchaser shall adhere to all US Navy safety regulations while on US Navy property.

b. Any fuel spills, which occur off base during shipment of the product, shall be the sole responsibility of the Purchaser.

E.6 Transporting Hazardous Material

a. FOR is considered to be hazardous material. The Purchaser hereby agrees to comply with all applicable federal, state, or local laws, governing the storage, handling, transportation, disposal, and disposition of product. Material Safety Data Sheets as required by OSHA Hazard Communication Standard-29 CFR 1910.1200 are incorporated herein. (See EXHIBIT C - Material Safety Data Sheets). (See also 29 CFR 1910.1000, Table Z-3). It is the responsibility of the Purchaser to further communicate this information to the distributor, manufacturer, user, and/or transporter of this material as may be required by federal regulations.

b. The transportation of hazardous material is governed by Department of Transportation (DOT) Hazardous Materials Regulations (Title 49, Code of Federal Regulations, Parts 170-189). The Purchaser, as shipper, will have the responsibility to certify to the DOT that such hazardous materials are properly classified, described, packaged, marked and labeled and are in a condition safe to transport based on the Offeror’s own examination of the material.

c. The Government reserves the right to conduct reasonable inspection of the Offeror’s and/or its agent's representatives, assignee’s and/or vendor's transportation conveyances and/or equipment utilized to effect removal of property purchased under this offering. Such action may be accomplished prior to, during, and/or subsequent to removal of property from Government premises. The Offeror shall furnish Government employees, and/or authorized Government representatives, with access and any reasonable assistance required conducting such inspections.

E.7 Environmental Consideration

a. The purchaser shall provide documentation to the Government of compliance with 40 CFR Part 279 for any FOR burned for energy recovery.

E.8 Compliance with Laws and Regulations

a. The Offeror represents, warrants, and certifies to the United States Government that it will comply with all Federal, State, local, and International laws and regulations applicable to the processing, possession, use or disposal of any product purchased. Offeror further represents and warrants that it will possess, process, use or dispose of product purchased and in a manner safe for the public and the environment. The Government cautions that the subject item(s) have or may have one or more components, parts, constituents or ingredients that may be corrosive, reactive, and ignitable or exhibit other hazardous or toxic properties.

E.9 Health Warning

As part of this solicitation, a specific detailed Materials Safety Data Sheet has been provided. This data provides specific toxicity and health related data for the protection of human health and the environment. Offerors should review this information carefully prior to submitting an offer. All that use, handle, transport, and/or store this material should review this data sheet carefully. Guidance in these documents should be adhered to and communicated to all involved.

SECTION F – CONTRACT ADMINISTRATION DATA

F.1 Termination for Cause

a. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractors fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurance of future performance. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not sold, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined the Government improperly terminated this contract for cause, such termination shall be deemed a termination for convenience.

b. If the Government terminates the contract for cause, it may subsequently resell the product for the Purchaser’s account, under the terms and in the manner the Contracting Officer considers appropriate, and assess the Purchaser the difference between the contract price and the price obtained on resale as actual damages. In no event will the Purchaser be refunded any monies due to the Government obtaining a greater price on resale, nor will an accounting of money be made until resale is complete.

c. In the event that the Government does not succeed in reselling the product within 12 months, the Purchaser may be held liable for the full contract price.

F.2 Disputes

a. This contract is subject to 41 U.S.C chapter 71, Contract Disputes.

b. Except as provided in 41 U.S.C chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause.

c. “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C chapter 71.

The submission may be converted to a claim under 41 U.S.C chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

d.

(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor.”

(3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim.

e. For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

f. The Contracting Officer’s decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.C chapter 71.

g. If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor’s specific reasons for rejecting the offer.

h. The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in Federal Acquisition Regulation (48 C.F.R.) 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.

i. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer.

F.3 Termination for the Convenience of the Government

The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the Government’s interest. If this contract is terminated, the Government shall only be liable for actual costs incurred by the Contractor before the effective date of termination.

F.4 Protests

Protests that are filed directly with the DLA Energy and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from:

ATTN: LAWRENCE WATSON, DLA ENERGY

DEFENSE LOGISTICS AGENCY ENERGY (DLA ENERGY)

8725 JOHN J. KINGMAN RD STE 4950

FORT BELVOIR VA 22060-6222

The copy of any protest shall be received in the office designated above within one day of filing a protest with the

GAO.

F.5 Excusable Delays

The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

F.6 Modification

No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in this contract. The DLA Energy Contracting Officer must make all modifications to the contract in writing; the Ordering Officer may modify orders or shipping arrangements made with the Purchaser.

F.7 Officials Not to Benefit

No member of or delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation’s general benefit.

F.8 Covenant Against Contingent Fees

a. The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to add to the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

b. "Bona fide agency," as used in this Paragraph, means an established commercial or selling agency, maintained by a Contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

c. "Bona fide employee," as used in this Paragraph, means a person, employed by a Contractor and subject to the Contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

d. "Contingent fee," as used in this Paragraph, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

e. "Improper influence," as used in this Paragraph, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

F.9 Extension Provisions

a. The Government shall have the right to extend this contract on the same terms and conditions one or more times for a total of no more than six months. Notice of contract extension will be furnished to the Contractor not later than 30 days prior to expiration of the contract ordering period or any extension thereof. Nothing in this contract provision precludes the Contractor from agreeing to an extension of the contract if the DLA Energy Contracting Officer fails to issue the notice prior to 30 days before the end of the ordering period.

b. Extension of this contract shall be considered to have been accomplished at the time the DLA Energy Contracting Officer provides written notification to the Contractor.

SECTION G – DEFINITIONS

As used throughout this solicitation, the following terms shall have the meaning set forth below:

a. The term "Contracting Officer" means a US Government person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

b. The term "Offeror" or "Purchaser" herein means Contractor.

(THIS SECTION IS TO BE COMPLETED AND RETURNED WITH YOUR OFFER)

SECTION H – CERTIFICATIONS

H.1 Taxpayer Identification Number (TIN):

a. TAXPAYER IDENTIFICATION NUMBER (TIN) (26 U.S.C. 6050M).

(1) All offerors must submit the information required in paragraphs (2)(3) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(3) TAXPAYER IDENTIFICATION NUMBER (TIN).

[ ] TIN: ____________________

[ ] TIN has been applied for.

[ ] TIN is not required because:

[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.

[ ] Offeror is an agency or instrumentality of a foreign government;

[ ] Offeror is an agency or instrumentality of a Federal, state, or local government;

[ ] Other. State basis. __________________________________________

H.2 Contingent Fee Representation and Agreement

a. Representation. The Offeror represents that, except for full-time bona fide employees working solely for the Offeror, the Offeror: (NOTE: The Offeror must check the appropriate boxes. For interpretation of the representation, including the term bona fide employee, See SECTION F.8 – Covenant Against Contingent Fees)

(1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and

(2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

b. Agreement. The Offeror agrees to provide information relating to the above Representation as requested by the Contracting Officer and, when Subparagraph a.(1) or a.(2) is answered affirmatively, to promptly submit to the Contracting Officer–

(1) A completed Standard Form 119, Statement of Contingent or Other Fees, (SF 119); or

(2) A signed statement indicating that the SF 119 was previously submitted to the same Contracting Officer, including the date and applicable solicitation or contract number, and representing that the prior SF 119 applies to this offer or quotation.

H.3 Certification Regarding Debarment, Suspension, Proposed Debarment, and other Responsibility Matters

a. (1) The Offeror certifies, to the best of its knowledge and belief, that

(i) The Offeror and/or any of its Principals–

(A) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by an Federal agency.

(B) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery,…