AMENDMENT_0001_MOD.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to revise/remove/clarify areas of the solicitation in response to the questions submitted, see Questions and Answ ers (Q&A) document.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 29

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 21-May-2017

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W91B4N-17-R-0005

X 9B. DATED (SEE ITEM 11)

01-May-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

21-May-2017

CODE

REGIONAL CONTRACTING CENTER - EAST

BUILDING 13897

BAGRAM AF, AFGHANISTAN

APO AE 09354

W91B4N 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91B4N-17-R-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0002

The CLIN extended description has changed from:

The Contractor shall provide Diesel, MOGAS/Petrol and Propane for Ministry of Defense (MOD) throughout Region One. This CLIN is an aggregate of all fuels, delivered to the MOD for the entire Region. This region includes the provinces of Kapisa, Kunar, Laghman, Nangarhar, Nuristan, Panjsher and Parwan. Additional information regarding specific locations can be found in Statement of Work §10.0 and Attachment 0001 - MOD RFDOP Pricing Spreadsheet.

To:

The Contractor shall provide Diesel, MOGAS/Petrol and Propane for Ministry of Defense (MOD) throughout Region Two. This CLIN is an aggregate of all fuels, delivered to the MOD for the entire Region. This region includes the provinces of Kapisa, Kunar, Laghman, Nangarhar, Nuristan, Panjsher and Parwan. Additional information regarding specific locations can be found in Statement of Work §10.0 and Attachment 0001 - MOD RFDOP Pricing Spreadsheet..

CLIN 0003

The Contractor shall provide Diesel, MOGAS/Petrol and Propane for Ministry of Defense (MOD) throughout Region One. This CLIN is an aggregate of all fuels, delivered to the MOD for the entire Region. This region includes the provinces of Bamyan, Ghazni, Khost, Logar, Paktika, Paktya and Wardak. Additional information regarding specific locations can be found in Statement of Work §10.0 and Attachment 0001 - MOD RFDOP Pricing Spreadsheet.

To:

The Contractor shall provide Diesel, MOGAS/Petrol and Propane for Ministry of Defense (MOD) throughout Region Three. This CLIN is an aggregate of all fuels, delivered to the MOD for the entire Region. This region includes the provinces of Bamyan, Ghazni, Khost, Logar, Paktika, Paktya and Wardak. Additional information regarding specific locations can be found in Statement of Work §10.0 and Attachment 0001 - MOD RFDOP Pricing Spreadsheet..

CLIN 0004

The Contractor shall provide Diesel, MOGAS/Petrol and Propane for Ministry of Defense (MOD) throughout Region One. This CLIN is an aggregate of all fuels, delivered to the MOD for the entire Region. This region includes the provinces of Daikundi, Kandahar, Uruzgan and Zabul. Additional information regarding specific locations can be found in Statement of Work §10.0 and Attachment 0001 - MOD RFDOP Pricing Spreadsheet.

To:

The Contractor shall provide Diesel, MOGAS/Petrol and Propane for Ministry of Defense (MOD) throughout Region Four. This CLIN is an aggregate of all fuels, delivered to the MOD for the entire Region. This region includes the provinces of Daikundi, Kandahar, Uruzgan and Zabul. Additional information regarding specific locations can be found in Statement of Work §10.0 and Attachment 0001 - MOD RFDOP Pricing Spreadsheet..

CLIN 0005

The Contractor shall provide Diesel, MOGAS/Petrol and Propane for Ministry of Defense (MOD) throughout Region One. This CLIN is an aggregate of all fuels, delivered to the MOD for the entire Region. This region includes the provinces of Badghais, Farah, Ghor and Herat. Additional information regarding specific locations can be found in Statement of Work §10.0 and Attachment 0001 - MOD RFDOP Pricing Spreadsheet.

To:

The Contractor shall provide Diesel, MOGAS/Petrol and Propane for Ministry of Defense (MOD) throughout Region Five. This CLIN is an aggregate of all fuels, delivered to the MOD for the entire Region. This region includes the provinces of Badghais, Farah, Ghor and Herat. Additional information regarding specific locations can be found in Statement of Work §10.0 and Attachment 0001 - MOD RFDOP Pricing Spreadsheet..

CLIN 0006

The Contractor shall provide Diesel, MOGAS/Petrol and Propane for Ministry of Defense (MOD) throughout Region One. This CLIN is an aggregate of all fuels, delivered to the MOD for the entire Region. This region includes the provinces of Balkh, Faryab, Jawzjan, Samangan, Sari Pul, Badakhshan, Baghlan, Kunduz and Takhar.

Additional information regarding specific locations can be found in Statement of Work §10.0 and Attachment 0001 - MOD RFDOP Pricing Spreadsheet.

To:

The Contractor shall provide Diesel, MOGAS/Petrol and Propane for Ministry of Defense (MOD) throughout Region Six. This CLIN is an aggregate of all fuels, delivered to the MOD for the entire Region. This region includes the provinces of Balkh, Faryab, Jawzjan, Samangan, Sari Pul, Badakhshan, Baghlan, Kunduz and Takhar.

Additional information regarding specific locations can be found in Statement of Work §10.0 and Attachment 0001 - MOD RFDOP Pricing Spreadsheet..

CLIN 0007

The Contractor shall provide Diesel, MOGAS/Petrol and Propane for Ministry of Defense (MOD) throughout Region One. This CLIN is an aggregate of all fuels, delivered to the MOD for the entire Region. This region includes the provinces of Helmand and Nimruz. Additional information regarding specific locations can be found in Statement of Work §10.0 and Attachment 0001 - MOD RFDOP Pricing Spreadsheet.

To:

The Contractor shall provide Diesel, MOGAS/Petrol and Propane for Ministry of Defense (MOD) throughout Region Seven. This CLIN is an aggregate of all fuels, delivered to the MOD for the entire Region. This region includes the provinces of Helmand and Nimruz. Additional information regarding specific locations can be found in Statement of Work §10.0 and Attachment 0001 - MOD RFDOP Pricing Spreadsheet..

The following have been modified:

52.252-2 ADDENDUM

BASIS FOR AWARD (52.212-2)

The resultant awards will be made to a maximum of six proposals and will be made to Offerors whose proposals are determined to be the Lowest Price Technically Acceptable (LTPA), with appropriate consideration given to the four

(4) evaluation factors: Technical Capability, Management Approach, Price and Past Performance. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for the Technical Capability, Management Approach and Past Performance. Adequate price competition is expected to achieve fair and reasonable prices; however, in accordance with FAR §15.404-1, price evaluation techniques may be employed to ensure that offered prices are fair and reasonable. The Government intends on awarding the first Delivery Order(s) based on the proposals and pricing submitted as a result of this solicitation.

FACTORS AND SUB-FACTORS TO BE EVALUATED

The evaluation factors identified below will be used to evaluate each proposal. Award will be made to the offerors whose proposals are the lowest price, technically acceptable offers based upon an integrated assessment of the evaluation factors and subfactors -- which identify the minimum requirements that are key to successful contract performance -- described below. Offerors must meet the minimum technical requirements for acceptability to receive consideration for award.

Evaluation of the offeror’s proposal will address each factor and subfactor as they apply to the Statement of Work (SOW). The proposal will be evaluated to determine the extent that it demonstrates a comprehensive and complete capability to perform the work outlined in the SOW and as described in the solicitation. Offerors must be responsive to all of the requirements in the solicitation, and provide sufficient information to allow evaluation of the proposals per the Government’s Evaluation Approach and FAR 52.212–2 of the solicitation. The Government will assign an adjectival rating of either ACCEPTABLE or UNACCEPTABLE with a supportive narrative evaluation reflecting the identified findings.

The technical and management proposals must be specific, detailed, and complete. It must clearly demonstrate that the Offeror has a thorough understanding of contractual requirements.

General statements that Offerors understand the factors and subfactors, and can or will comply with the requirements of the solicitation, will be considered inadequate. Statements to the effect that Offeror understands, can or will comply with the solicitation, including referenced publications, technical data, etc...; statements paraphrasing the solicitation or parts thereof, including applicable publications, technical data, etc.; and phrases such as “standard procedures will be employed” or “well known techniques will be used,” etc., or parroting statement in the instructions to offerors, will be considered unacceptable.

Factor 1: Technical Capability

The Technical Capability Factor is further divided into the following subfactors:

a. Subfactor 1: Transportation, Storage and Fuel Fleet Requirements The offeror’s proposed transportation plan, interim storage (if proposed), and fuel vehicle fleet will be evaluated to determine their suitability for fuel delivery to all geographic areas of Afghanistan. To be acceptable, the offer demonstrates the ability to transport the volume of fuel identified in Attachment 0001, MOD Pricing Spreadsheet, from refineries to final destination. If the offeror proposes interim storage, its proposal demonstrates that its mix of storage capacity and transport vehicles is adequate to satisfy the demand indicated in Attachment 0001. If the offeror does not propose interim storage, its proposal adequately describes how its vehicle fleet can transport fuels from refinery to multiple final destinations within the ninety-six (96) hour timeframe required by the contract Statement of Work. The proposal includes a complete listing of proposed prime (and sub) contractor vehicles, by VIN or other unique identification, and describes a maintenance plan to ensure adequate rolling stock to satisfy delivery requirements.

b. Subfactor 2: Quality Control

The offeror’s proposed Quality Assurance/Quality Control Plan describes its internal and external testing and assurance policies, its Standard Operating Procedures, and corrective action methodologies to ensure that it consistently delivers compliant fuel throughout the life of the delivery order performance period. The plan provides for testing and validation of fuel quality throughout the offeror’s supply chain, including point of origin, any transfer points (between carriers, between prime and subcontractors, or from interim storage facilities into final delivery vehicles), and at point of final delivery. The offeror must also demonstrate that its proposed subcontractors possess mature and effective quality control plans, and that both prime and subcontractor plans will be updated to reflect any process that are unique to performance under this contract.

The Government will consider the completeness and feasibility of the Offeror’s proposed technical approach to assess the Offeror’s understanding of the requirement and its ability to successfully complete contract requirements.

To be considered technically acceptable Offeror’s proposal must clearly meet the minimum requirements of the solicitation. Technical Capability will be expressed as acceptable or unacceptable:

RATING DEFINITION

ACCEPTABLE

Proposal unambiguously describes a technical approach to satisfy the minimum requirements of each subfactor, with sufficient detail to engender confidence that the offeror can provide all required fuels in accordance with contract terms and conditions.

UNACCETABLE

Proposal does not clearly meet the minimum requirements of the solicitation.

Factor 2: Management Approach

To be acceptable, the offeror’s management proposal will describe the offeror’s management structure, key personnel, subcontract and lease management programs, and internal Standard Operating Procedures with sufficient detail to reasonably demonstrate its ability to manage a contract of this scope and complexity. The management proposal will include letters of commitment from fuel suppliers, any proposed transportation subcontractors, and any lessors of commercial interim storage capacity. The offeror’s supply chain will be fully described, from purchase of bulk fuels at refineries, importation of fuel consistent with Afghan law, transportation and storage (if proposed), and to ultimate destination, with particular attention paid to training and management of deliver personnel responsible for final delivery to MOD sites. The offeror will also demonstrate the financial resources necessary to acquire and deliver fuel for at least sixty (60) days prior to initial payment under this contract, and must provide letters of commitment from wholesale providers of fuel and/or letters of credit from recognized financial institutions sufficient to provide financing of contractor operations for up to ninety (90) days prior to initial payment. The offeror provides current licenses as described in Statement of Work ¶3.0.

General statements that Offerors understand the factors and can or will comply with the requirements of the solicitation will be considered inadequate. Statements to the effect that Offeror has, can or will comply with the licensing and credentialing, including referenced licenses; statements paraphrasing the solicitation or parts thereof, including applicable licenses.; and phrases such as “we have this license” or “will obtain upon award” etc., or parroting of instructions to offerors, will be considered unacceptable.

RATING DEFINITION

Proposal demonstrates that the offeror has sufficient management expertise and staffing to manage contract of this scope and complexity; has sufficient financial capability to perform while awaiting payment; demonstrates sufficient understanding of supply chain management techniques, and proposes a trained and qualified workforce.

UNACCETABLE

Proposal does not clearly meet the minimum requirements of the solicitation.

Factor 3: Cost/Price:

The resulting award will be firm-fixed price. Adequate price competition should guarantee that prices are fair and reasonable, but price evaluation in accordance with FAR §15.404-1 will be conducted if determined necessary.

Pricing offered in response to this solicitation, if selected for an award, must remain valid for 120 days after award of the basic contract of which will be the basis used for the first Delivery Order(s). Pricing must be submitted in U.S Dollars (USD).

4. Past Performance Factor. The Government will evaluate the offeror’s record of past and current performance to ascertain the probability of successfully performing the required efforts outlined within the SOW.

a. Evaluation of past performance shall be in accordance with this plan utilizing the forms and questionnaires set forth in Attachment 0003 Past Performance Questionnaire. The Contracting Officer may also review information pertaining to the Offeror from any source, and may review existing governmental past performance evaluation systems.

b. The Government will focus its inquiries on the offeror’s and subcontractor’s record of performance as they relates to all solicitation requirements, including price, schedule, performance and management of subcontractors. Subcontractors are defined as members of an offeror’s overall team that are expected to perform against the proposed effort. A significant achievement, problem, or lack of relevant data in any element of the work can become an important consideration in the evaluation process. Therefore, offerors will be reminded to include the most recent and relevant efforts (within the past three years) in their proposal. The Government may use data provided by the offeror in its proposal and data obtained from other sources, including data in Government files or data obtained through interviews with personnel familiar with the contractor and their current and past performance under International, Federal, State or Local government or commercial contracts for same or similar products.

c. Offerors shall submit all Government and/or commercial contracts for the prime offeror and each subcontractor in performance or awarded during the past three years, from the issue date of this RFP, which are relevant to the efforts required by this RFP. The Government may consider a wide array of information from a variety of sources, but is not compelled to rely on all of the information available.

d. The Contractor shall demonstrate acceptable or better performance on recent and relevant contracts, in accordance with FAR 15.305(a)(2). Absence of past performance would result in a neutral rating, which equates to acceptable.

e. The Offeror’s submission of past performance data provides the U.S. Government with a way to gauge the

Offeror’s ability to successfully satisfy the requirements outlined within the solicitation.

f. The Offeror shall provide documentation outlining the Offeror’s past performance within at the last three(3) years with fuel transport and delivery of POL, as a prime or subcontractor, which is the same or similar in nature, size, and complexity to the product being supplied under this solicitation.

g. The Offeror shall provide and complete Past Performance Questionnaire (Attachment 0003 – Past Performance Questionnaire to the Solicitation, Appendix D of this document). For the contracts identified on each Specific Relevant Contract Reference, the Offeror shall forward a copy of the Past Performance Questionnaire to the points of contact responsible for monitoring performance under such contracts. The points of contact shall return the questionnaires the steven.b.piggott.civ@mail.mil not later than the solicitation closing date. Any questionnaires not returned directly to the POC will not be reviewed and evaluated. The information contained in the questionnaires will be used to evaluate the Offeror’s past performance. New entities that have no past customers shall annotate on the Summary Page that they have had no previous clients and that the minimum number of questionnaires cannot be provided.

h. Past Performance information described herein is required on the Offeror and all subcontractors, teaming partners, and/or joint venture partners proposed to perform 100% of the proposed effort based on the total proposed price. The Offeror shall submit, along with the information required in this paragraph, a consent letter, executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing release of adverse past performance information to the Offeror so the Offeror can respond to such information. For each identified effort for a commercial customer, the Offeror shall also submit a client authorization letter, authorizing release to the Government of requested information on the Offeror’s performance.

i. The ratings for Factor 4 (Past Performance) will be expressed as acceptable or unacceptable:

Past Performance Rating

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown or natural.

UNACCEPTABLE

Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

DISCUSSIONS

1. GENERAL INFORMATION. In accordance with FAR 15.306(d), discussion sessions with each offeror may be held should the SSA deem them necessary. Should discussions take place, all offerors in the competitive range will be allowed a minimum of seven (7) calendar days to submit Final Proposal Revisions after discussions are complete.

2. DISCUSSION SCHEDULING. If discussions are conducted, the Contracting Officer will schedule the discussion sessions, and each offeror will be notified of the time and place at least one (1) day prior to its discussion session. The Contracting Officer will provide additional instructions with the notification.

STATMENT OF WORK

STATEMENT OF WORK (SOW)

PETROLEUM, OIL AND LUBRICANT (POL) PRODUCT

SUPPORT TO MINISTRY OF DEFENSE

Version 1.6 – 29 April 2017

TABLE OF CONTENTS

SECTION 1.0 – BACKGROUND

SECTION 2.0 – SCOPE

SECTION 3.0 – AFGHANISTAN BUSINESS REQUIREMENTS

SECTION 4.0 – REQUIREMENTS

4.1 – GENERAL REQUIREMENTS

4.2 – SAFETY AND HEALTH

4.3 – FIRE SAFETY

4.4 – CONTRACTOR PERSONNEL REQUIREMENTS

4.5 – QUALITY CONTROL

4.6 – POL REQUIREMENTS

4.7 – TRANSPORTATION REQUIREMENTS

4.8 – VEHICLE REQUIREMENTS

4.9 – CARGO TANK REQUIREMENTS

4.10 DELIVERY REQUIREMENTS

4.11 SAMPLING AND TESTING

SECTION 5.0 – INSPECTION/ACCEPTANCE/INVOICING

SECTION 6.0 – PERFORMANCE EVALUATION

SECTION 7.0 – SECURITY REQUIREMENTS

SECTION 8.0 – RISK OF LOSS

SECTION 9.0 – PERIOD OF PERFORMANCE

SECTION 10.0 – DISTRIBUTION SITES

SECTION 11.0 – ANTI/COUNTER CORRUPTION

SECTION 12.0 – CONTRACT DATA DELIVERABLES

SECTION 13.0 – PERFORMANCE REQUIREMENTS SUMMARY (PRS)

SECTION 1.0 – BACKGROUND

Combined Security Transition Command-Afghanistan (CSTC-A), in coordination with North Atlantic Treaty Organization (NATO) nations and partners, international organizations, donors and non- governmental organizations, supports the Government of the Islamic Republic of Afghanistan (GIRoA) in its efforts to develop and sustain the Afghan National Defense and Security Forces (ANDSF) and the Ministry of Defense (MOD);

develop leaders and leadership structure; and establish enduring institutional capacity to enable accountable Afghan-centric security to the country. CSTC-A helps oversee training and equipping of Afghan forces throughout Afghanistan, and provides logistics support to ANDSF and MOD consistent with that mission. As an element of logistics support, the U.S. Government has identified an enduring requirement to ensure that adequate supplies of Petroleum, Oil and Lubricant (POL) products are available to MOD training sites, operating sites, operational forces, and national-level management and leadership activities.

SECTION 2.0 – SCOPE

The Contractor shall provide the services, resources, vehicles, equipment, tools, and management necessary to acquire and deliver POL products to MOD sites and other facilities throughout the country of Afghanistan. In no circumstance will the U.S. Government furnish POL products to the contractor. The contractor is solely responsible for all required commodity sourcing, as well as delivery to points specified herein and in individual delivery orders.

The Government will compete requirements based on MOD operational requirements. Requirements may vary in quantity, delivery suspense, and locations; the contractor shall maintain sufficient operational flexibility to satisfy requirements at a broad range of locations contained in this contract.

SECTION 3.0 - AFGHANISTAN BUSINESS REQUIREMENTS

3.1 The contractor must obtain all applicable licensing and authorizations to operate a business in Afghanistan.

The minimum licenses required are outlined below:

1. Transportation Services License – Issued by AISA (Afghanistan Investment Support Agency) or equivalent to MoCI (Ministry of Commerce and Industry)

2. Transit & Forwarding License – Issued by MoCI (Ministry of Commerce and Industry)

3. Petroleum Import License – Issued by MoCI

4. Membership in Turkmenistan Security & Commodity Exchange (TSCE) (generally known as Turkmenbashi)*

* Required if fuel is acquired on Turkmenbashi.

3.2 The Contractor is responsible for obtaining and maintaining all documentation required by GIRoA for the transportation of fuel in Afghanistan. All fuel deliveries to MOD are exempt from taxation by GIRoA and Afghanistan customs duties, as fuels are purchased by the US Government for use by GIRoA. However, Afghan companies are not exempt from GIRoA taxes on corporate profits associated with this contract effort.

3.3 The Contractor is responsible to initiate the required documentation with the Afghanistan Customs Department (ACD) associated with importation of fuel delivered under this contract (the “Mauffi Nama” process). Upon award of a delivery order, the contractor must purchase a Mauffi Nama request form from the Afghanistan Customs Department, complete it in accordance with instructions thereto, and submit the form, through the Contracting Officer, to the Resolute Support International Customs Coordination Cell (ICCC). The ICCC will create a Diplomatic Note authorizing the importation of the estimated quantities of specified fuels duty free.

3.4 Upon completion of the delivery order performance period, the Contracting Officer will provide the ICCC the actual quantities of different fuels delivered pursuant to the order; the ICCC will in turn inform the Afghanistan Customs Department in order that the contractor can be assessed import duty on fuels imported pursuant to the Mauffi Nama but not actually delivered to an MOD site.

3.5 Except for United States contractors, all contractors and subcontractors shall be registered in the Joint Contingency Contracting System (JCCS) and maintain an active registration throughout contract performance. U.S.

contractors shall be registered in the System for Award Management (SAM).

SECTION 4.0 - REQUIREMENTS

4.1 GENERAL REQUIREMENTS

4.1.1 The Contractor shall comply with all applicable U.S. and Host Nation laws, regulations, policies, procedures, and guidelines in the performance of this requirement. The Contractor shall ensure that all fuels delivered pursuant to this contract comply with applicable technical specifications as described herein, available at ASTM International (http://www.astm.org), and that all measuring and calibration equipment comply with the American Petroleum Institute’s Manual of Petroleum Measurement Standards (www.api.org)

4.1.2 The Contractor is responsible for ensuring compliance with the contract, all applicable laws and regulations, and quality control policies and procedures. Prior to use of a subcontractor, the contractor shall ensure that the subcontractor is able to comply with all of the requirements of this contract, and is registered and approved in JCCS.

The contractor shall ensure that the sub-contractor complies with all safety, environmental, API and ASTM standards required by this contract, and that the subcontractor’s quality assurance procedures are consistent with the prime contractor’s quality control plan. The contractor shall be responsible for all activities of any sub-contractor in fulfillment of the requirements of this contract.

4.1.3 Any issues between the contractor (or subcontractor) and MOD personnel at delivery sites shall be brought to the attention of the Contracting Officer and Contracting Officer’s Representative for resolution. The Contractor shall use an Incident Report (A001) that at a minimum shall contain the following information:

a. Contractor’s Name

b. Contract Number

c. Delivery Order Number

d. Order # (Referencing the applicable Order)

e. Fuel Type

f. Location, Province, District

g. Unit

h. Unit POC and contact information

i. Description of the Incident

j. Contract Remedy (if applicable)

4.1.4 MOD personnel are NOT AUTHORIZED to change the terms and conditions of this contract in any way, or to direct delivery of fuel into non-compliant storage tanks or to alternative delivery locations. If the contractor is directed to do so and cannot reasonably refuse the order, the prime contractor shall immediately report the incident to the Contracting Officer and Contracting Officer’s Representative using the incident report format identified in ¶4.1.2.

4.2 SAFETY AND HEALTH

4.2.1 The Contractor shall prepare and implement a written Safety and Occupational Health Program Plan, and submit a copy to the Contracting Officer within thirty (30) days of award (A002). The program shall address operational safety and personal protection for all employees engaged in fuel delivery, loading or unloading, transportation, or transfer of fuel in any way from one container to another. The program must address and provide for Personal Protective Equipment (PPE), training in its use, and the specific operational hazards associated with each type of fuel to be delivered under this contract. The program must also advise contractor (and subcontractor) employees of the health hazards associated with each fuel to be delivered under this contract, and any additives thereto, including additives blended by the contractor or added to the fuel blend at the refinery.

4.2.1.1 The Contractor shall develop Standard Operating Procedures (SOP) for unloading and transfer of each type of fuel to be delivered under this contract, and for each type of transfer vehicle (truck, tank, wagon). The procedures shall identify the Personal Protective Equipment that must be worn by contractor personnel for each operation, shall provide step-by-step instructions for grounding and bonding of vehicles and/or tanks, and must identify each step of the loading or transfer process, from initial arrival at the location through departure. The Standard Operating Procedures shall be part of the Contractor’s Safety and Occupational Health Program Plan and shall be provided to the Contracting Officer along with that document. If the Contractor changes operations in any way – i.e., introduces new fueling equipment or additives, or improved Personal Protective Equipment – the SOP shall be updated to reflect the change, and a copy of the updated Safety and Occupational Health Program Plan provided to the Contracting Officer.

NOTE: The fuel delivery will be rejected if the contractor’s delivery personnel are not properly equipped or fail to adhere to the Contractor’s Standard Operating Procedures (particularly grounding, see ¶4.2.3), and the Contractor shall provide a new shipment of fuel product at no added cost to the Government within twenty-four (24) hours from rejection.

4.2.3 The Contractor’s SOP shall ensure that all tank vehicles, pumps, filter separators, meters, and other fuel handling equipment are properly grounded and bonded during all fuel operations.

4.3 FIRE SAFETY

4.3.1 Smoking, or any open flames, on or within 50 feet of any tank vehicle while loading or unloading is strictly forbidden.

4.3.2 Extreme care shall be taken in the loading or unloading into or from any cargo tank to keep fire and ignition sources away, and to prevent persons in the vicinity from smoking, lighting matches, or carrying any flame or lighted cigar, pipe, or cigarette. No flammable or combustible liquid shall be transferred to or from any tank vehicle unless the parking brake is securely set and wheels chocked to prevent motion of the vehicle.

4.4 CONTRACTOR PERSONNEL REQUIREMENTS

4.4.1 The Contractor shall provide experienced, authorized, and qualified personnel who are capable of performing all requirements of this contract.

4.4.2 Contractor personnel shall be thoroughly trained in the proper method of operating tank vehicles and in the proper procedures for loading and unloading tank vehicles. Training records shall be maintained for all operators.

4.4.3 Contractor personnel shall be capable of conducting dispatch review of Delivery Tickets (prepared in English and Dari or Pashto, based on regional requirements), and ensuring completion of Delivery Tickets when delivery is complete (A003), IAW ¶5.3.4.

4.4.4 Contractor personnel shall comply with all traffic laws of any country in which Contractor vehicles are operated pursuant to this contract and that are not in conflict with the SOFA and the BSA. Contractor personnel will comply with all governing U.S., coalition, and Afghan laws. Where the Afghan laws contradict the BSA or the SOFA, the BSA and the SOFA will control. Contractor personnel will comply with all U.S and Coalition orders and regulations or Afghanistan Government representatives.

4.4.5 Contractor personnel operating equipment/vehicles shall be properly licensed to operate the equipment in accordance with applicable laws of the jurisdiction. Contractor personnel who operate motor vehicles in any country must be properly licensed to do so in that country, or through a recognized reciprocity agreement between that country and a country in which the operator is properly licensed. If required by the host country, operators must possess a commercial operator’s license.

4.4.6 The Contractor shall maintain a file for each fuel driver that includes complete and valid information about the driver, including at a minimum copies of passport (if the driver crosses international frontiers), visa, driver’s license, and training documentation. At the request of the US Government, the Contractor must make files available for inspection within twenty-four (24) hours. Drivers shall maintain driver’s license, passport, and visa on their person at all times when operating vehicles making deliveries under this contract, and shall be prepared to provide licenses, certifications, evidence of training or identification upon request of U.S. Government representatives

(CDRL A004).

4.5 QUALITY CONTROL

4.5.1 Quality Control Plan (QCP). The contractor shall develop and maintain a QCP to ensure the requirements are performed in accordance with this SOW. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of product or process deficiencies. At a minimum, the contractor shall identify key operational positions, provide a method for performing inspections; a process for identification, correction and prevention of problems/defective product/service; addressing customer complaints, and improving the quality of products and services over the life of the contract. Upon contract award, the Contractor must submit a finalized copy of its Quality Control Plan as a deliverable within 10 calendar days, for review and acceptance by the Contracting Officer (CDRL A005).

4.5.1.1 The QCP shall identify one individual to serve as a point of contact for quality/quantity matters relating to the inspection system described in the plan.

4.5.1.2 The contractor is responsible for all inspection systems, QCPs, and product quality and quantity.

4.5.1.3 The Quality Control Plan shall include a description of storage and handling equipment, such as tanks, lines, valves, and manifolds; identification of dedicated/common product systems, including description of line segregation and controls to assure capability for proper gauging, sampling, draining of water, filtration, circulation, and drying; and identification of any other process/system used in maintaining product integrity during storage and handling.

4.5.1.4 If the Contractor elects to blend additives through line injection, the QCP will identify procedures for proportionately injecting additives throughout the entire loading process to ensure the additive is homogeneously blended into the product, as well as procedures for maintaining records evidencing the homogeneous blending of all line injected additives.

4.5.2 Quality Assurance (QA): The U.S. Government has the right to inspect, test and evaluate the Contractor’s performance under this contract, at all places and times during the performance of this contract. Neither the Contractor nor any of its subcontractors shall limit or hinder the Government’s access. At its discretion the Government may or may not notify the Contractor in advance of any inspections.

4.5.2.1 When required by the U.S. Government, the contractor shall furnish no more than five, five-liter samples of liquid product from any individual batch or lot of the supplies to be furnished under this contract.

4.5.2.2 Such samples shall be furnished without charge to the U.S. Government. The Contractor shall assist U.S.

Government personnel or designated quality assurance representative (see §4.5.2) in packing and marking of the samples, and shall not otherwise impede or interfere with personnel performing independent quality assurance surveillance.

4.5.3 Third-Party Quality Assurance Surveillance. The U.S. Government, at its sole discretion, may engage the services of an independent contractor to provide on-site quality assurance surveillance of contractor operations, at any point in the contractor’s supply chain.

4.5.3.1 The independent contractor will conduct random on-site sampling of fuel deliveries to MOD facilities. In the event a particular delivery is selected for sampling, the Contracting Officer or the Contracting Officer’s Representative will advise the fuel contractor of the planned testing when the order is placed in accordance with §4.10.2. The fuel contractor will be provided contact information for the third-party independent contractor, and must coordinate that delivery to ensure that the third-party contractor is present when the fuel shipment arrives at the MOD facility.

4.5.3.2 The third party will sample the fuel prior to offloading of the delivery vehicle, and subject the fuel to onsite testing. The fuel contractor is not authorized to offload fuel unless and until the third party independent contractor has designated the fuel acceptable for delivery.

4.5.3.3 In addition to on-site testing, the third-party independent contractor may require samples in accordance with §4.5.2.1; if such samples are requested, the fuel contractor shall fully cooperate with the third-party contractor in drawing samples in whatever manner deemed appropriate by the third-party contractor, and shall not interfere in any way with sampling activities. These samples will be returned to a fuel testing lab for further analysis; delivery of fuels need not be delayed pending results, if the fuel passed the third-party onsite test.

4.6 POL REQUIREMENTS

4.6.1 The contractor shall deliver the POL products in accordance with the current versions of the American Society of Testing and Materials International STM) standards specified in the subparagraphs below. The Government reserves the right to reject nonconforming supplies and/or seek consideration for nonconforming supplies within 60 calendar days of delivery. Quality of all petroleum products must be maintained from point of origin to final destination.

4.6.1.1 Motor Gas, Petrol, Gasoline, MoGas. Motor Gas must comply with ASTM D4814. The following additional requirements apply:

4.6.1.1.2 OCTANE REQUIREMENTS

Unleaded regular automotive gasoline shall meet the Motor Octane Number (MON), Research Octane Number (RON) and/or Anti- Knock Index (AKI) limits described in the specification listed for each country or the in-country requirements when applicable.

4.6.1.1.3 OXYGENATE REQUIREMENTS.

In order to achieve minimum/maximum oxygen content limits specified per Federal, State, and local environmental requirements, supplies shall only include oxygenates that are permitted by environmental regulations applicable to the time and place of delivery.

Blending of oxygenates into gasoline to meet oxygenated fuel requirements shall be accomplished by mechanical mixing or agitation in a tank, or by in-line blending, prior to loading the product into transport equipment, and the resultant product must meet contract requirements.

NOTE: Gasoline Reid Vapor Pressure (RVP) specification requirements are seasonal and vary geographically. Therefore, Contractors are expected to know the In-country, State, or Federal RVP requirements of areas being supplied and comply with those requirements.

4.6.1.2 Diesel Fuel, DF-1, DF-2

4.6.1.2.1 Diesel fuel must comply with ASTM D975. The following additional requirements apply:

4.6.1.2.2 DF-1 Anti-Gel Additive: To prevent jelling or congealing of the fuel to -34 degrees Celsius, the contractor shall deliver all Diesel Fuels as DF1, which shall contain an anti-gel additive, during the period 1 October 2017 through 31 March 2018. The offeror shall identify low temperature performance parameters for offered diesel fuel. DF-1 may be achieved by blending DF2 with an approved anti-gel additive, or by mixing DF2 with kerosene to achieve a required cold filter plugging point of -34 degrees Celsius.

4.6.1.2.3 A fuel stabilizer additive/biocide conforming to MIL-S-53021A may be blended into the fuel to improve the suitability of fuels for intermediate (6 to18 months) and long-term (18 to 25 months) periods of storage by preventing fuel deterioration and microbiological growth. Additive concentrations are given in the latest revision of QPL-53021 found in the Qualified Product Database (QPD) of the Acquisition Streamlining and Standardization Information System (ASSIST) athttp://assistdocs.com/.

4.6.1.2.4 A corrosion inhibitor/lubricity improver conforming to MIL-PRF-25017, latest revision, may be blended into the fuel to inhibit corrosion. Additive concentrations are provided in the latest revision of QPL-25017 found in the Qualified Product Database (QPD) of the Acquisition Streamlining and Standardization Information System (ASSIST) at http://assistdocs.com/.

4.6.1.3 Propane delivered under this contract must comply with ASTM D1267, Propane Container Tester, ASTM D1835, Propane Quality, and ASTM D3588, Standard Practice for Calculating Heat Value, Compressibility Factor, and Relative Density of Gaseous Fuels.

4.6.2 The contractor shall deliver all POL products free of liquid and solid contaminates, sand, dirt, sediment and “free” water, in accordance with American Petroleum Institute (API) standards. The contractor shall ensure that all POL products delivered shall be free of contaminants, and will provide Ministry of Commerce & Industry MoCI certification of fuel quality to the U.S. Government (A006) for each batch of fuel imported into Afghanistan. In addition, batch quality control documents from the refinery where the fuel was purchased must be provided to the U.S. Government (A007). Failure to provide test records to the U.S. Government when requested will be grounds for termination.

4.6.3 The Contractor shall ensure the quality of additives blended into POL supplied under this contract. Contractor shall identify and ensure the quality of component base stocks used to produce finished product.

4.6.4 The contractor shall not provide POL products under this contract that are sourced from Iran, or other countries and entities as prohibited by U.S. law. The contractor shall not provide fuels from Russian entities or organizations listed by the United States Department of the Treasury, Office of Foreign Assets Control, https://www.treasury.gov/resource-center/sanctions/Programs/pages/ukraine.aspx.

4.7 TRANSPORTATION REQUIREMENTS

4.7.1 The contractor shall provide all equipment and vehicles for the transportation of POL products without loss of quality or quantity. All equipment, devices and safeguards shall be maintained and in good working order. The contractor is responsible for all equipment maintenance and shall not cause delay or cancellation of a mission for failure to maintain equipment. Maintenance records for all delivery vehicles, for prime and subcontractors, shall be documented and made available to the U.S. Government upon request (CDRL A008). Failure to provide such documents upon request shall be grounds to deem vehicles unsafe and not road-worthy.

4.7.2 The contractor shall transport, distribute, provide, dispense, and deliver petroleum products in accordance with current ASTM standards for the type of fuel ordered and the delivery location(s) specified in each delivery order.

4.7.3 Upon award, the Contractor shall provide a list of all owned and/or leased fuel trucking/delivery assets to be utilized in performance of this requirement -- as well as a list of all current or proposed sub-contractors and subcontractor equipment – with specific identifying information (Vehicle Identification Number (VIN), or similar identifying serial number). This list shall identify the capacity of the assets, shall be updated monthly after award, and provided to the Contracting Officer upon request (A009). All fuel trucking/delivery assets must meet Afghan safety and cargo highway transportation standards as established by the Ministry of Transportation – Afghanistan, and, if used to transport fuel across an international frontier, be approved by every sovereign state in which they are operated.

4.8 VEHICLE REQUIREMENTS

4.8.1 Manhole and fill opening covers shall be designed to provide secure closure for openings. Safety devices shall be provided to prevent manhole and fill covers from opening fully when internal pressure is present.

4.8.2 All vehicles with tank openings shall use seals in accordance with International Organization for Standardization and Publicly Available Standard (ISO/PAS) 17712 specifications, utilizing 3.5mm and 5.0mm cable sizes classified as high security and compliant with Customs -- Trade Partnership against Terrorism (C-TPAT).

4.8.2.1 All seal numbers shall be documented on the delivery ticket.

4.8.2.2 Contractor shall inspect seals for evidence of tampering prior to initiating delivery of fuel. The seal numbers shall be verified and matched with the fuel delivery ticket by the MOD fuel POC and Contractor upon delivery and by the third-party quality assurance contractor if the shipment is selected for surveillance.

4.8.2.3 If there is evidence of tampering or the seals do not match, the fuel will be automatically rejected and the Contractor shall provide a new shipment of fuel product at no additional cost to the Government within 24 hours. The MOD fuel POC shall report these incidents via an Incident Report (A001) to the Contracting Officer and COR within 24 hours of inspection.

4.8.3 All vehicles with welded aluminum alloy joints shall be made in accordance with accepted welding practices (e.g.http://www.lincolnelectric.com/en-us/support/welding-how-to/Pages/guide-aluminum- welding-detail.aspx).

4.8.4 No tank vehicle shall be operated unless it is in proper operating condition, including being devoid of accumulations of grease, oil, or other flammable materials; and free of leaks. Dome covers shall be closed and latched while the tank vehicle is in transit. Flammable and combustible liquids shall be loaded only into cargo tanks whose methods and materials of construction are compatible with the chemical characteristics of the liquid to be transported. All diesel fuel being loaded shall be the same as the previous load unless the cargo tank, and associated pump, filter(s), hoses, and meter(s) have been drained empty. If a tank previously carried MoGas, it shall be steam cleaned and dried prior to carrying any other fuel.

4.8.5 Tank vehicles utilized to transport petroleum products delivered under this contract shall be designed specifically for transport of commercial MoGas and diesel fuels.