2019.12.12 PWS (Draft).docx

PERFORMANCE WORK STATEMENT

FOR

SCHEDULED FUEL BARGE TRANSPORTATION SERVICE IN GULF REGION

12 December 2019

Prepared by

UNITED STATES TRANSPORTATION COMMAND

DIRECTORATE OF ACQUISITION

AND

DEFENSE LOGISTICS AGENCY ENERGY (DLA ENERGY)

DLA ENERGY AMERICAS EAST (DLA ENERGY AME)

Table of Contents

SCHEDULED BARGE TRANSPORTATION SERVICES - GULF

DEFENSE LOGISTICS AGENCY ENERGY (DLA ENERGY)

DLA ENERGY AMERICAS EAST (DLA ENERGY AME)

PERFORMANCE WORK STATEMENT (PWS)

Section 1: Scope

1.1. Overview.

This contract covers the transportation of Department of Defense-owned bulk jet fuel by tug and barge between all ordered United States ports and points on the Gulf of Mexico and the Lower Mississippi River and their connecting waterway and tributaries, including those specified in Appendix A. However, Appendix A does not represent all Loading/Discharging points and may change as fuel procurement award patterns change.

1.1.1. New and Historical Location Information.

The Defense Logistics Agency Energy Americas East Office, Houston (DLA Energy AME) Loading/Discharging (Receiving) locations are provided in Appendix A as existing and historical information. Appendix A does not represent all Loading/Discharging points and may change as fuel procurement award patterns change.

1.1.2. Scheduling.

The Government will schedule the pick-up and delivery of the identified fuels from, to, and between the operational areas referenced in Appendix A without restriction. The Government reserves the right to change the schedule at any time to include standing by at an origin, destination or intermediate point as specified by the Government.

1.1.3. Hours of Operation.

Contractor supplied equipment and crews in support of this service must be available to the Government at all times, 24 hours per day, 7 days per week, for transporting cargo to and between the points stipulated.

Section 2: General Requirements

2.1 Contractor Furnished Equipment and Crew.

The Contractor shall furnish all supplies, materials, equipment, and personnel necessary to perform the services incidental to the operation of the equipment listed below:

2.2. Barge and Tug Requirements.

The contractor shall provide the following:

2.2.1. Barge.

Two (2) barge tows each with a total calibrated capacity of 50,000 barrels.

Each tow shall:

· Consist of two individual barges with the capacity not to exceed 30,000 barrels and calibrated to 25,000 barrel barges

· Barges shall not exceed a 25,000 calibrated barrel capacity

The contractor is responsible for all costs associated with positioning the equipment at the initial loading point. Fuel cost for services performed will be reimbursed in accordance with Appendix C, Paragraph C.3, Bunker Fuel Reimbursement.

2.2.1.1. On-Call Tow.

These services will be ordered separately as a modification to the contract and priced within the Schedule of Supplies and Services. The Government will have the option to add additional tows or terminate existing on-call tows as traffic patterns change or as loading/discharging ports are added. On-call tows must be of the same capacity as those listed in paragraph 2.2.1. and 2.2.3. The contractor shall provide for up to two (2) additional tows when requested by the Government with a minimum of 15 days’ notice. The additional on-call tows will be ordered in monthly increments. The Government may terminate any on-call tow with a minimum of 15 days’ notice if that tow is no longer required. Barge and tug requirements shall be consistent within the parameters as provided in paragraph 2.2.1. and 2.2.3. The equipment shall meet all Government inspection requirements addressed in paragraph 2.3 and related sub-paragraphs (2.3.1 and 2.3.2) and shall remain in scheduled service until the end date of the requested service or until a suitable equivalent replacement is positioned by the contractor and inspected and accepted by the Government. Scheduled service is defined as the start and end date of the requested service and includes all supplies, materials, equipment, and personnel necessary to perform the services addressed in this PWS as authorized by the Contracting Officer (CO). Payment will not commence until the tow is made available at the initial loading point, as specified in the contract modification, and will end on the last day of requested service upon cargo discharge at the destination point. Any subsequent changes to schedule details (e.g., date, loading port) required for expedience of the Government shall occur only upon modification of the contract by the CO. Otherwise, the contractor is responsible for all costs associated with positioning the equipment at the initial loading point. Payment for the on-call services will be in accordance with the prices listed in the Schedule of Rates.

2.2.2. Self-Certifying Letter

The Contractor and its equipment must possess the required United States Coast Guard (USCG) certificates to operate on inland waterways. The Contractor shall comply with all USCG regulations and applicable licenses and insurances during the life of the contract performance.

2.2.2.1. Cargo Pumping System.

A cargo pumping system with necessary hoses and connections capable of completely discharging and stripping the cargo tanks without outside power or assistance from the shore. The contractor shall load/discharge at a minimum average rate of 2,000 barrels per hour (BPH) at a pressure of 100 pounds per square inch (PSI) from the barge manifold including quantities stripped from cargo tanks.

2.2.2.2. Cargo Tank Stripping System.

An independent cargo tank stripping system capable of stripping all but a maximum of two barrels of product per cargo tank, not to exceed 10 barrels for the entire barge. The discharge rate during tank stripping operations may be less than the minimum rates stipulated above.

2.2.2.3. Water Stripping System.

An independent water stripping system (free from use of barge pumps, lines, or hoses) capable of removing all water from each cargo compartment, separate from the cargo tank stripping system for removal of large amounts and/or residual water discovered on vessel(s), prior to load/discharge of cargo. All water and cargo tank stripping and discharge lines shall be fully visible from the deck.

In the event that a large amount of water is discovered on the barge, the contractor and Quality Assurance Representative (QAR) will investigate to determine the source and cause of the water. If the USG did not cause the intake of water e.g., intake of seawater, then the contractor shall assume removal costs.

2.2.2.4. Gauge Point Marks and Calibration.

Permanent gauge point marks with reference height immediately visible from the tank gauging point (detailed requirements in American Petroleum Institute (API) Manual of Petroleum Measurement Standards (MPMS)). Calibration Charts for gauging, certified by a third party, will be used and maintained throughout the performance period. Compartments shall be recalibrated as needed (detailed requirements in the API MPMS) at the Contractor’s expense.

2.2.2.4.1. Calibration Charts.

The Contractor shall provide copies of the calibration charts and trim correction tables to the Government representative and the Contracting Officer Representative (COR) at the time of pre-service inspection and prior to loading/discharge operations. The Contractor shall provide the COR a list showing the maximum load capacity of each barge at safe draft, updated whenever equipment or regulation or traffic area depths change. The Contractor shall develop and maintain, for Government use or inspection upon request and make available on board hired equipment, a Vessel Experience Factor (VEF) comparing the history of shore quantity measurement figures against loading and discharging vessel quantity measurement figures. This VEF shall be used to correct the vessel ullage report. Anytime the physical structure of a barge is changed, due to damage or equipment modification, the barge shall be strapped again, and a new set of gauging charts and trim correction tables provided at no cost to the Government.

Deliverable: Calibration Charts and Trim Correction Tables

2.2.2.5. Barge Tanks.

Barge tanks shall be constructed of stainless steel or carbon steel that has been epoxy coated with a non-coal tar based grade of epoxy, or uncoated mild steel tanks.

2.2.2.6. Steel Valves.

Steel valves shall be an integral part of all barges used in the performance of this contract.

2.2.2.7. Sectional Fuel Delivery Hose.

When required, the contractor shall provide up to 200 feet of sectional fuel delivery hose (ship or dock hose) and compatible coupling attachments (flanges, valves) necessary for over-the-water fuel loading to ships or other marine vessels. The contractor is liable for any damage or loss resulting from faulty equipment or caused by contractor negligence.

2.2.2.8. Barge Lightering Operation

The contractor’s equipment must be capable of safely transferring between barges at a suitable and secure berth. The contractor’s barge lightering plan must be approved by the USCG prior to lightering operations.

2.2.3. Tug.

The tugs offered under this contract shall be suitable in design and power to properly, timely and safely navigate all traffic areas designated herein.

2.3. Contractor Owned or Leased Equipment.

The contractor shall own the equipment performing the transportation service or the contractor shall have the equipment under long-term lease for the duration of the contract period to include the base year and all option years. All equipment shall comply with all USCG regulations.

2.4. Barge Inspection and Acceptance.

At the start of this contract, the contractor shall provide tug and barge equipment that conforms to the specifications of this contract and that passes the Government’s loading inspection. Government inspection and acceptance of the contractor’s equipment is a condition precedent to the Government’s obligation to pay the monthly rates set forth in the Schedule of Rates. The monthly rates do not go into effect, and the Government incurs no obligation to make monthly payments, until the QAR has approved the Contractor’s equipment for loading in accordance with paragraphs 2.3.1. Pre-Service Inspection, 2.3.2. Suitability to Load/Discharge, and 3.10.1. Temporary Patching/Repairs and the COR has notified the CO the vessels are ready for service.

2.4.1. Performance Objective - Pre-Service Inspection.

Not later than 15 days prior to the start of the contract, the Contractor shall make its tugs and barges available for inspection and acceptance by the Government at the loading point, or other coordinated location, as specified by the COR. If the Contractor fails to provide conforming equipment by this deadline, the COR will notify the CO for action. Tows must be presented cleaned, gas free, and free of temporary patches. The Contractor shall provide a valid marine chemist certificate to the QAR at the time of or prior to inspection. Contractor shall ensure that all cargo and vent lines have been drained of previous cargo, and prepared in accordance with MIL-STD-3004-1 (latest version) Minimum Requirements for the Preparation of Barge Cargo Tanks. All cargo tanks and bulkheads shall be free of water, loose rust, sludge, mud, silt, and foreign objects. The Contractor shall take a sample of rust scale from inside of the cargo tank(s) and have it tested to determine the potential effects of the corrosion and gum characteristics on the cargo to be loaded. Contractor shall provide copies of the test results to both the COR and QAR prior to Government inspection. NOTE: Rust scale sample is not required if the entire cargo tank(s) is epoxy coated and coating is free of blistering, bubbling, peeling, cracking, etc. The contractor shall prepare the barge for inspection at its own expense. Acceptance of the equipment by the Government shall in no way be construed to attest to the seaworthiness of the barge or to other requirements of the U.S. Coast Guard. The QAR shall issue written confirmation of acceptance of equipment through the COR by close of business (COB) the day the equipment is accepted. Once inspected, the tug and barge equipment will be considered to have entered into scheduled service on this contract.

**Deliverable: Valid Marine Chemist Certificate, Sample of Rust Scale Test Results

2.4.2. Suitability to load/discharge.

At each load or discharge port, the contractor shall certify that vessel cargo tanks are suitable for loading or discharging the intended cargo by including the following statement in the Notice of Readiness (NOR): “All compartments, lines and pumps to be used are suitable for loading and delivering the intended cargo.” Contractor shall also provide an acceptable inventory form to the QAR with cargo tank(s) soundings of product/water onboard and calculated onboard quantities/remaining onboard (OBQ/ROB) prior to loading/discharge.

Deliverable:

Inventory form with OBQ/ROB.

2.5. Maintain, Position, and Operate Equipment

The contractor shall maintain, clean (including slop tanks), repair, position and operate its equipment to ensure its performance under the contract, including providing fuel to operate the tug and barge pump engines. All crew living provisions if incurred, will be the contractor’s responsibility.

2.6. Performance Objective - Provide a USCG Endorsed Tankerman The contractor is responsible for following all governing regulations and statutes in providing the required USCG endorsed tankerman at all loading and discharge points required to perform all operations including tandem load and discharge.

Section 3: Contractor Tasks and Duties.

3.1. Cargo Delivery Services.

3.1.1. Performance Objective - Loading or Discharging Cargo.

Upon arrival at a loading or discharge port, the Contractor shall load or discharge any quantity of cargo, entire or partial, as specified by the COR/Supply Planner.

3.2. Responsibility for Cargo.

3.2.1. Loss or Contamination Liability.

The contractor shall sign the DD Form 250-1, Tanker/Barge Material Inspection and Receiving Report, or iRAPT Energy Receiving Report (ERR), as its receipt for the Government property it received for transportation. The contractor assumes full liability for, and agrees to reimburse the Government for the actual loss or contamination to the cargo it receives for transportation, except when loss and/or damage arises out of causes beyond the control of and without the fault or negligence of the contractor such as acts of God or force majeure.

The contractor may also be held liable for loss of Government product in its possession during transportation and prior to discharge. If investigation by the Government determines that the cause is due to negligence on the Contractor or their representatives, than the loss amounts will be used for claim purposes by the Government.

3.2.2. Gauging.

Contractor representative personnel are responsible to perform gauging of the vessel in accordance with API MPMS Chapter 3.1, Standard Practice for the Manual Gauging of Petroleum and Petroleum Products. Vessel temperatures will be obtained in accordance with API MPMS Chapter 7, Temperature Determination. Quantity determinations will be obtained in accordance with API MPMS Chapter 12.1, section 1, Part 1, Calculation of Static Petroleum upright cylindrical tanks and marine vessel. Gauges and temperatures will be obtained with equipment which meets API calibration requirements and are traceable to the National Institute of Standards and Technology. The contractor shall ensure that responsible contractor representative personnel are readily available for gauging operations so as to not unduly delay release and departure of the equipment. The contractor shall ensure that a vessel ullage report, acceptable to the Government, is annotated/completed at both the loading and discharge locations.

3.2.3. Carry Away Liability.

The contractor shall be liable for all measurable product carried away due to failure of the contractor’s equipment to discharge the cargo completely, excluding product remaining in equipment lines, manifolds, and sumps. Liability is based on the procurement and transportation cost of the cargo carried away and is to be deducted from the contractor’s monthly invoice. However, the contractor is not liable for carry-away cargo if the Tanker/Barge Material Inspection and Receiving Report (DD Form 250-1)/iRAPT ERR and the Vessel Ullage Report establish that the cargo carried away remains on board when the same equipment is utilized for subsequent loading. The Government will file a claim for measurable cargo carried away at the end of the contract period.

3.2.4. Contamination or Degradation Liability.

If contamination or degradation of Government cargo occurs due to the contractor's failure to properly maintain its equipment and/or Contractor’s negligence, the contractor shall be liable to the Government for replacement costs and/or associated costs with returning the cargo to specification to include any product already in the shore tank that may have been contaminated as a result of the contaminated cargo.

3.2.4.1. Performance Objective – Cleaning To Prevent Contamination or Degradation of Cargo.

The contractor shall ensure that all equipment is clean and free from any condition that would contaminate or degrade cargo. The Government will reimburse the contractor for cleaning expenses only when the contractor can demonstrate that the equipment was contaminated due to the fault of the Government.

3.2.4.2. Minimum Requirements for the Preparation of Barge Cargo Tanks.

Comply with MIL-STD-3004-1 (latest version), Minimum Requirements for the Preparation of Barge Cargo Tanks. Any product change procedure not specifically addressed by the table must be approved in advance by DLA Energy-AQ and/or DLA Energy AME Quality Manager.

3.3. Reporting and Communication.

The Contractor shall maintain contact with the COR, the various consignors, consignees, and the Government Quality Surveillance Representative to ensure prompt and efficient cargo movement, and shall provide position and status reports and communication regularly to the COR and others, as required. The COR contact information will be provided prior to contract start date.

3.3.1. Performance Objective - Readiness Notice.

The contractor shall provide a written Notice of Readiness (NOR) documentation to load/discharge to designated loading and discharging officials immediately upon the tow’s arrival at the loading/discharging terminal of the port complex. The following statement shall be included on all NOR documents as a minimum: “All compartments, lines and pumps to be used are suitable for loading and delivering the intended cargo.” In the event the tow is not allowed to immediately proceed to the loading/discharging berth, the contractor shall communicate the NOR to the terminal by fax, email, or telephone to document its arrival. Faxing, emailing or telephone communications does NOT alleviate contractor’s responsibility/compliance to provide written NOR to officials upon arrival at any port complex.

**Deliverable: Notice of Readiness with suitability statement

3.3.2. Performance Objective – Daily Equipment Position and Status Reports.

The contractor shall transmit daily electronic mail equipment position and status reports to the COR and applicable inventory managers reflecting the position and status of the barge by 0900, Central Time, plus or minus one hour. Additionally, the contractor shall provide pre-arrival reports (to include NOR documentation) to the next port of call (Government representatives) immediately upon departure of the present port, and at a minimum of 24, 12, and 3 hours prior to arrival and NOR notice to load or discharge prior to arrival at any port complex.

**Deliverable: Daily Equipment Position and Status Reports

3.3.3. Performance Objective - Cargo Documentation.

The contractor shall maintain and present a copy of all loading documents, DD Form 250-1/iRAPT ERR, including Vessel Ullage Report and NOR documentation for Government use at each discharge port. Failure of the contractor to present the listed forms to discharge port(s) personnel will result in a performance failure.

**Deliverable: Documents at Load and Discharge Port(s)

3.4. Substitute Equipment.

The COR must approve all substitutions of equipment, provided the substitute equipment is equivalent to the contractor's original equipment (i.e., meets the specifications and requirements in Section 2, Contractor Furnished Equipment and Crew). The Government shall inspect the substitute equipment prior to placement into service. The substitute equipment provided by the Contractor shall be at no additional cost to the Government.

3.4.1. Substitute Equipment Pre-Inspection Notice

The contractor must notify the COR at least seven days in advance of any equipment changes. The Contractor shall make its tugs and barges available for inspection and acceptance by the Government at the coordinated date, time and location as approved by the COR. If the Contractor fails to provide conforming equipment by this deadline, the COR will notify the CO for action. Tows must be presented cleaned, gas free, and free of temporary patches. The Contractor shall provide a valid marine chemist certificate to the QAR at the time of or prior to inspection. Contractor shall ensure that all cargo and vent lines have been drained of previous cargo, and prepared in accordance with MIL-STD-3004-1 (latest version) Minimum Requirements for the Preparation of Barge Cargo Tanks. All cargo tanks and bulkheads shall be free of water, loose rust, sludge, mud, silt, and foreign objects. The Contractor shall take a sample of rust scale from inside of the cargo tank(s) and have it tested to determine the potential effects of the corrosion and gum characteristics on the cargo to be loaded. Contractor shall provide copies of the test results to both the COR and QAR prior to Government inspection. NOTE: Rust scale sample is not required if the entire cargo tank(s) is epoxy coated and coating is free of blistering, bubbling, peeling, cracking, etc. The contractor shall prepare the barge for inspection at its own expense. Acceptance of the equipment by the Government shall in no way be construed to attest to the seaworthiness of the barge or to other requirements of the U.S. Coast Guard. The QAR shall issue written confirmation of acceptance of equipment through the COR by close of business (COB) the day the equipment is accepted. Once inspected, the tug and barge equipment will be considered to have entered into scheduled service on this contract.

**Deliverable: Valid Marine Chemist Certificate, Sample of Rust Scale Test Results

3.5. Performance Objective - Required Delivery Date (RDD).

The Contractor shall deliver all cargo by the Required Delivery Date (RDD) specified in the accepted schedule. If the Contractor experiences delays during movement, the Contractor shall contact the Contracting Officer’s Representative (COR). The COR will review and validate reason for delay and take further action, as needed.

**Deliverable: Cargo delivered by RDD

3.6. Responsibility for Damage to Government Property.

3.6.1. Damage Due to Contractor Negligence.

The contractor shall be responsible for lost cargo in route, such as a spill. Lost cargo shall be measured and documented on DD Form 250-1/iRAPT ERR and barge ullage sheets.

3.6.2. Prevent Damage to Facilities.

The contractor shall be responsible for removing equipment, including unattended barges, during weather conditions that may result in damage to Government or contractor-owned facilities. The contractor shall be responsible for removing equipment when directed by the loading/discharging terminal or paying for damages caused as a direct result of contractor’s decision to remain at pier side during extreme weather conditions or natural disasters.

3.6.3. Damage and Loss Reports.

During operation under this contract, in all instances where cargo, contractor’s equipment, or private/ Government property is damaged, lost, or pilfered while in the care, custody, or possession of the contractor or through handling by the contractor’s employees, agents, or subcontractors, the contractor shall submit a full written report of the facts and the extent of such damage or loss to the COR within 24 hours following the occurrence or discovery. Details shall include how the damage occurred, investigation detail, and an estimate of how and when reimbursement for damages will occur.

3.7. Quality and Performance.

The Government and the contractor will operate as a team to assure a high standard of quality is established and maintained in the performance of the contract. This will include Government measurement and surveillance of the contractor’s performance to document and recognize instances of superior contractor performance, and to identify areas falling short of required performance standards early so that the contractor and the Government may work together to identify causes and eliminate problems before they become serious. The Government’s performance measures and the contractor’s Quality Control (QC) program requirements are described below.

3.7.1. Contractor Quality Control, Reporting and Records

3.7.1.1. Performance Objective - Quality Control Plan.

The contractor shall establish and maintain a Quality Control Plan (QCP) to ensure quality service is provided throughout the terms of the contract. The contractor shall submit an acceptable QCP prior to the first shipment. The QCP shall be approved by the QAR prior to the first shipment and updated when deemed necessary by the contractor or the Government to include changes necessary to prevent the recurrence of quality problems. The contractor must sign and date the original QCP, as well as each subsequent revision. Revisions shall also be presented to the QAR for review and acceptance prior to implementation. The QCP shall include as a minimum how the contractor intends to meet the performance objectives, provide cargo free of contamination or degradation, identify those areas the contractor sees as critical to the customers for this contract, how it will monitor quality performance in those areas, and how it will maintain or exceed customer expectations, including identification and correction of problems.

**Deliverable: QCP

3.7.1.2. Problem/Failure.

The contractor shall self-identify any problem or failure that may impact contract performance.

In accordance with its QCP, the contractor shall notify the COR/ DLA Energy AME immediately of the problem, and within two (2) business days provide to the COR/ DLA Energy AME a succinct written plan of action of contractor self-identification or awareness of a potential or real problem, failure or deficiency. The contractor shall detail the methodology for correcting the problem or deficiency in the plan of action, and provide an assurance of the specific time required to bring performance back to acceptable quality levels, as applicable.

3.8. OSHA Compliance.

The contractor shall establish and maintain an effective and comprehensive safety program that complies with the provisions of the Occupational Safety and Health Act and the National Institute of Occupational Safety and Health. The contractor shall acquire, maintain, and require the use of safety equipment, personal protective equipment, and devices necessary to protect employees. The contractor shall be responsible for compliance with the Occupational Safety and Health Act of 1970 and for penalties resulting from violations.

3.9. Additional Regulations Compliance.

The contractor shall maintain and operate all equipment in accordance with applicable USCG, federal and state laws, and military regulations, including applicable regulations of the Commander, Defense Logistics Agency Energy (DLA-Energy), and shall also be in compliance with all of DLA’s fuel supply terminal requirements for barge tows. Contractor is responsible for the costs of vetting all equipment at every location prior to loading or discharge. All contractors shall comply with the provisions of the Jones Act. Compliance with the following regulation is mandatory:

DOD 4500.9-R, Defense Traffic Transportation Regulation (DTR) Part II, 11 October 2019

Note: DOD 4500.9-R can be accessed through the following web site, www.transcom.mil. Follow the link to Defense Transportation Regulations. If you have any questions or need assistance in obtaining access to the link, contact DLA-Energy/FENBA at (571)767-9289.

3.9.1 Defense Biometric Identification System (DBIDS) card

The contractor is responsible for obtaining a Defense Biometric Identification System (DBIDS) card for all ports, where required.

Guidance and SECNAV 5512/1 application can be accessed through the following web site, https://www.cnic.navy.mil/om/dbids.html

3.10. Accidents, Death or Injury to Personnel.

In all instances where there is an accident and/or where contractor’s employees are absent due to injury or death or for purposes of receiving medical attention due to an injury during or arising from performance under this contract, the contractor shall submit a full written report of the facts and the extent of such injury to the COR within 24 hours. If an investigation of the accident is conducted, the contractor shall assist the investigator in securing statements from its employees and must make pertinent records available to the investigator and to the COR.

3.11. Insurance Requirements.

3.11.1. Cargo Insurance.

The contractor shall purchase and maintain cargo insurance at its own expense, as required by law, and in an amount at least equal to the value of the cargo transported.

3.11.2. Liability, Pollution and Environmental Insurance.

Contractor shall provide at its own expense, the appropriate amount of insurance as required by law in all its jurisdictions that it will be operating. Contactor is responsible for all damage costs not covered by insurance.

3.12. Maintenance.

3.12.1. Temporary Patching/Repairs.

Barges shall not be accepted for loading if there is evidence of concrete patches or other temporary repairs. However, the contractor may use temporary repairs only until the barge can return to a point where permanent repairs can be made if the need for repair occurs after loading. Any repairs that are part of or immediately adjacent to the cargo system will require notification to and inspection by QAR. Furthermore, contractor shall notify the COR, by electronic mail of all repairs when load/discharge schedule, or transit times are affected.

3.12.2. Scheduled/Required Maintenance.

Maintenance or repair periods shall not exceed 24 hours in duration, except when required for USCG inspections or when mutually agreed between the Government and the contractor (e.g. periodic maintenance). The contractor shall provide notice of scheduled maintenance at least 24 hours prior to the date the maintenance is scheduled.

**Deliverable: Scheduled Maintenance Notification

3.12.3. Out-of-Service Notification.

The contractor shall notify the COR immediately in the event that the contractor is unable to provide service due to unscheduled non-availability of equipment or crew, and must include the location of the equipment, cargo status (loaded or empty), reason for being out-of-service, and the expected duration of disability (Temporary Out-of-Service or Long-Term Out-of-Service) in the notification.

**Deliverable: Out of Service Notification

3.12.4. Long-Term Out-of-Service Notification.

In the event that the notification is for Long-Term Out-Of-Service, the contractor shall provide a substitute for any or all of the equipment or crew designated for use under this contract within 24 hours and shall specify details of the substitution in writing. The specification shall include reason for the request for the substitute equipment and if repair/maintenance action is required, provide in-depth description of repairs to be made, facility and location of repair action, and estimated date equipment shall be returned to use. If carry-away cargo is present in the barge, the Government will file a claim for the carry-away product.

**Deliverables: Long Term Out-of-Service Notification, Request for Substitute Approval, and Substitute Specification

Table 1. Performance Objective - Uninterrupted Service.

Cumulative Days Out-Of Service (Temporary) Not more than 10 days annually

Response For Out-Of-Service (Long Term) Provision of Substitute within 24 hours.

No more than two Failures to Perform annually.

No more than an additional 24 hours late with substitute, without COR approval.

3.12.5. Failure to Perform.

Should the contractor be unable to perform or choose not to provide substitute equipment or crews for all days beyond the first 24-hour period the contractor’s equipment is out-of-service, in addition to any other remedies available to the Government under this contract, the Government may take a pro rata deduction from the contractor’s monthly invoice for each hour beyond the first 24-hour period.

The sample excess re-procurement calculation, shown below in Table 2 uses the following information:

Contract rate: $10,000/day; $416.66/hour

Table 2. Sample Calculation - Excess Re-Procurement Costs.

05 January 10:00 a.m.

06 January 10:00

06 January 11:00

08 January 08:00 Substitute equipment begins loading.

08 January 15:00 Contractor equipment submitted for inspection prior to return to service.

08 January 20:00 Contractor equipment returned to service.

(10:00 on 06 January through 20:00 on 08 January) $24,166.28

(*rate is calculated by subtracting the contract equipment rate from the substitute equipment rate, e.g. $833.33-$416.66) $2,916.69

Section 4: Deliverables

4.1. Deliverables.

A deliverable is a specific measurable, tangible, and verifiable activity, outcome, result, item, or product that the contractor shall provide and that will require formal Government acceptance and approval. The Government will review, assess and provide comment, as required.

4.2. Deliverable Submissions.

The contractor shall deliver reports and data as set forth in the below table. All deliverables shall be submitted electronically via e-mail to the COR, QAR, and any others as identified within the PWS. The contractor shall prepare and submit all deliverables electronically in Microsoft Office (i.e., Word, Excel, PowerPoint, Project, etc.) formats pursuant to the following schedule. Deliverables will be identified by task order number, PWS subtask, and deliverable title.

Table 3. Deliverable Schedule

4.3. Final Acceptance.

Final inspection and acceptance of all work performed, reports, or other deliverables shall be performed at the place of delivery. The COR will notify the contractor of deliverable acceptance or provide comments, in writing, and the contractor, if necessary, shall revise and resubmit the final deliverable to the COR within three business days (unless otherwise specified) after receipt of COR comments.

Section 5: Cyber Security

5.1 General Cyber Security Requirements

5.1.1. Handling and Protection of Non-Public Information

In performance of this contract, the contractor may have access to DoD Transactional Information (DTI), which for the purposes of this section shall mean any information developed or received in the course of planning, ordering, shipping, tracking, and invoicing in support of the requirements of this contract. To adequately protect this DTI, contractor information systems (IS) involved in the performance of this contract shall comply with the security requirements in the current version of the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,”. Compliance with NIST SP 800-171 measures is required at the prime contractor level and does not apply to subcontractors and other entities that the prime contractor engages with in order to meet the requirements of this contract.

Additionally, the contractor agrees to use such information only for the purposes of fulfilling the contracted requirements and to protect such information from unauthorized release or disclosure. Protection of the DTI does not abrogate any responsibilities of the contractor to comply with or implement additional cyber security requirements as part of generally accepted system security principles or as required by other categories of information that may be co-resident with the DTI on the contractor’s IS.

5.1.2. Operationally Critical Support

The services designated under this contract are “operationally critical support” as defined in DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

5.2. Cyber Security Assessments and Mitigation Plans

The contractor shall provide a Self-Assessment of its compliance with NIST SP 800-171 and present a Plan of Action that identifies any deviations, non-compliance, or proposed alternative means of compliance as well as plans for correcting non-compliant requirements to the contracting officer within 60 days of contract award and then annually thereafter. The Self-Assessment and Plan of Action shall address all of the requirements in NIST SP 800-171. The table 5.2 below provides modified requirements of CUI/CDI specific controls from NIST SP 800-171 that will be used to evaluate compliance in a non-CUI/CDI environment. Additionally, at any time during the period of performance, when a contractor determines it is non-compliant with a NIST SP 800-171 requirement or an approved alternate means of compliance resulting in a High or Moderate Potential Impact as defined in Federal Information Processing Standards Publication (FIPS PUB) 199, “Standards for Security Categorization of Federal Information and Information Systems,” the contractor shall submit a Plan of Action within 15 days of the determination of non-compliance.

Plans of Action and any requests to vary from NIST SP 800-171 shall be submitted to the contracting officer for consideration and approval by USTRANSCOM. The Contractor need not implement any security requirement determined by USTRANSCOM to be non-applicable or to have an equally effective alternative security measure implemented in its place. The Plan of Action shall follow the template provided in Attachment 1. Alternate formats for the Plan of Action may be proposed and must be approved by USTRANSCOM.

USTRANSCOM may conduct an on-site visit to a contractor's facility or request a third party assessment (U.S. Government agency or U.S. Government funded commercial entity) to review progress towards meeting their Plan of Action, evaluate any proposed variances to NIST SP 800-171 requirements, and to assess residual risk to the DTI resulting from the non-compliance. Date and time of on-site visits will be mutually agreed-upon by USTRANSCOM and the contractor in advance.

Table 5.2. Modified NIST SP 800-171 Requirements.

5.3 Cyber Incident Reporting

When the contractor discovers a cyber-incident, as defined in DFARS Clause 252.204-7012, or when notified by federal, state or local law enforcement, that affects the contractor’s ability to perform the operationally critical support as identified in the contract, the contractor shall, as soon as practicable, but no later than 72 hours after discovering the incident, notify the USTRANSCOM Deployment and Distribution Operations Center (DDOC) Chief at 618-220-7700. If the contractor does not immediately reach the DDOC Chief via phone, the contractor shall send a notification email to transcom.scott.tcj3.mbx.ddoc-chief@mail.mil. The contractor shall provide an initial description of the incident that will include the information known at the time of the notification and shall provide a company POC who shall work with USTRANSCOM DDOC through the resolution of the incident.

The contractor shall also report the incident as outlined in DFARS 252.204-7012.

USTRANSCOM may conduct an on-site review to assist the contractor in evaluating the extent of the incident and to share information in an effort to minimize the impact to both parties. Date and time of on-site visits will be mutually agreed-upon by USTRANSCOM and the contractor in advance.

APPENDIX A: LOADING/DISCHARGING POINTS

Below list represents current and historic information. Loading/Discharging points may be added or deleted as fuel procurement award patterns change.

Fuel Loading/Discharge Ports

JAA Loading Ports Exxon/Mobil Company, USA, Baton Rouge, LA Valero, Texas City, TX Placid Refining, Port Allen, LA Goldline, Jennings, LA BP, Texas City, TX Shell, Saraland, AL Shell, Deer Park, TX Magellan Midstream Partners LP, Galena Park, TX Valero, Corpus Christi, TX Air BP, Texas City, TX Petromax, Channelview, TX

JAA Discharge Ports Naval Air Station, Belle Chase (New Orleans), LA Eglin Air Force Base, Fort Walton Beach, FL Hurlburt Field, Fort Walton…