RFI Questions_Answers.pdf

RFI Questions & Answers:

1. Operational Requirements:

o What are the specific volume expectations for each type of fuel (JP5, F76, Jet-A) per month or year?

We do not specify volume expectations for each fuel type as the Government has

24/7 control of the barges.

o Are there peak times or seasonal variations in demand that we should plan for?

We are not aware of peak times or seasonal variations in demand at this time.

o What are the minimum and maximum capacity requirements for each barge in terms of fuel storage?

In accordance with PWS paragraph 2.2.1. Barge:

Six (6) tank barges with the following capacities:

• two (2) tank barge having a total capacity of not less than 10,000 barrels (and not more than 20,000 barrels) with inland waterway capability,

• three (3) tank barges, each having a total calibrated capacity of not less than

20,000 barrels (and not more than 30,000 barrels) with inland waterway capability and

• one (1) tank barge having a total calibrated capacity of 50,000 barrels (and not more than 60,000 barrels) with ocean going capability.

2. Geographical and Navigational Details:

o Can you provide more detailed maps or access to geographical data showing all potential loading and discharging points, including those not listed in Appendix

A?

Information on additional loading and discharging points are not available at this time.

o Are there any navigational restrictions or special permits required for certain waterways or ports?

The customer has not identified any navigational restrictions or special permits beyond commercial standards.

Contractual and Regulatory Compliance:

o Are there any anticipated changes in regulations or environmental compliance standards that might affect operations during the contract period?

We are not aware of any anticipated changes in regulations or environmental compliance standards at this time. This is a commercial contract therefore, any risk associated with potential changes to regulations or environmental compliance standards should be built into a bid.

3. Logistical and Scheduling Flexibility:

o How often can the schedule change, and what is the expected notice period for such changes?

In accordance with PWS paragraph 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 three (3) (one per each capacity) additional tows when requested by the Government with a minimum of 15 business days’ notice. The additional on-call tows will be in ordered in monthly increments. The

Government may terminate any on-call tow with a minimum of 15 business 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 2.4 and related sub-paragraphs (2.4.1 and 2.4.2) 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.

o What are the procedures for handling delays or disruptions in service due to weather or other unforeseen events?

The “Force Majeure” definition is included in the PWS:

Force Majeure literally means "greater force". These clauses excuse a party from liability if some unforeseen event beyond the control of that party prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural disasters or other "Acts of God", war, or the failure of third parties--such as suppliers and subcontractors--to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party.

4. Equipment and Crew Requirements:

o Are there any specific certifications or training requirements for the crew operating the tugs and barges above and beyond current state and federal minimum regulations?

All certifications and training requirements will be included in the final PWS and

Request for Proposal clauses.

o What are the preferred or required specifications for the tugs and barges concerning age, condition, or technology?

All specifications for the tugs and barges are included in the PWS.

o Does the contractor need to provide both tugs and barges?

Yes.

5. Economic and Financial Considerations:

o Are there additional or contractual insurance requirements for covering the cargo, equipment, and liability during transportation beyond state and federal regulations?

3.2.1. Loss or Contamination Liability.

The contractor shall sign the DD Form 250-1, Tanker/Barge Material Inspection and Receiving Report, or WAWF 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.

In accordance with PWS paragraph 3.9. Insurance Requirements:

3.9.1. 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.

3.9.2. 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.

o How will demurrage or standby times at ports be compensated?

Demurrage does not apply as per PWS paragraph 1.1.3. Hours of Operations:

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.

6. Contractual Flexibility and Options:

o What flexibility exists for negotiating terms regarding fuel and labor price fluctuations or other economic variables?

The risk for all potential fluctuations in fuel, labor, or other economic variables should be included in the offeror’s quote as we intend to award a Firm Fixed Price contract.

o Is there an option for subcontracting parts of the service, and if so, what are the conditions or restrictions?

It is unknown at this time as the Government is currently conducting market research.

7. Performance Metrics and Evaluation:

o What performance metrics will be used to evaluate the contractor's service?

We are currently updating the Service Delivery Summary in the PWS, and it will be posted in future updates on SAM.gov.

o Are there penalties for failing to meet delivery schedules or quality of service standards?

Penalties for “Failure to Perform” are explained in paragraph 3.10.6. of the PWS.

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.

Date and Time Event Formula Calculation Cost

05 January

10:00 a.m.

Contractor equipment goes Out-Of-Service

(OOS)

None. Within 24-hour period.

None.

06 January

10:00

Contractor equipment remains OOS, unable to provide substitute equipment.

Calculation begins, 24-hour window has expired.

06 January

11:00

Decision made to procure substitute equipment for period

08 to 13 January.

$20,000/day x 6 days

($833.33/hour)

$120,000 Cost

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.

Deduction from invoice.

58 hours x $416.66/hr

(10:00 on 06 January through 20:00 on 08

January)

$24,166.28

Re-procurement costs. 7 hours x $416.67/hr*

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

$416.66)

$2,916.69

TOTAL PRO-RATA DEDUCTION FOR FAILURE TO PERFORM $27,082.97

8. Security and Safety:

o What security measures must be in place for the transportation of military-grade fuels?

There are no additional security measures for transportation of military-grade fuel beyond commercial standards.

o Are there specific safety protocols or emergency response plans that need to be adhered to or developed for this contract beyond normal state and federal regulations?

This is a commercial contract; therefore, there are no additional safety protocols or emergency response plans required beyond commercial standards and what is outlined in the following PWS references:

3.6. 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.

3.7. 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. With the exception of shipments to/from Guantanamo, Cuba, all contractors shall comply with the provisions of the Jones Act. When transiting Guantanamo, Cuba adherence to Cargo Preference Acts of 1904 and 1954 and utilization of US Flag vessels is required. Compliance with the following regulation is mandatory:

DOD 4500.9-R, Defense Traffic Transportation Regulation (DTR) Part II, 29

February 2024

Note: DOD 4500.9-R can be accessed through the following web site, www.ustranscom.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.

3.8. 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.

9. Future Planning and Scalability:

o Is there potential for increased volume or additional routes during the contract period? How would this be communicated and planned for?

There is not potential for increased volume or additional routes during the contract period other than on-call tows which are discussed above in question #3.

o What is the government's strategy for future expansion or changes in fuel transportation needs?

We do not have a strategy for future expansion or changes in fuel transportation needs at this time.