QUESTIONS_AND_ANSWERS_MOI_(Final)(1).docx

QUESTIONS AND ANSWERS

SOLICITATION W91B4N-17-R-0006

POL Product Support to Ministry of Interior (MOI)

21 MAY 17

1. Licensing: In SOW 3.0 you mentioned licensing requirements to do business in Afghanistan, we see the three of four required licenses asked there, but the fourth one, Logistics License issued by AISA or MoCI is missing. Please add this license as the required license in the list as well.

Answer: Licensing: the contracts are for delivery of petroleum products. The US Government does not believe an AISA logistics license is required to perform

2. JCCS for Suppliers: In 52.252-1 ADDENDUM PROPOSAL SUBMISSION Point 2 (e): Non-U.S. Contractors and non-U.S. subcontractors must be registered in the Joint Contingency Contracting System (JCCS), the Suppliers like Turkmenbashi and SOCAR are State-Owned corporations, testing / inspecting companies like SGS or ANSA are also State-Owned corporations and including Transportation companies in Turkmenistan, Azerbaijan and Pakistan also do not register or agree to register in JCCS. We hope you understand that these corporations will have no JCCS and these will be exempted from this requirement.

Answer: If contractors acquire fuel from State-Owned Enterprises, those subcontractors do not require registration in JCCS. Any private supplier of petroleum products must be registered in JCCS. Also in accordance with 52.252-1 ADDENDUM (g): To be eligible for award, the offeror must be registered and pending approval in JCCS NLT five (5) days after the solicitation response deadline, if it is a Non-U.S. contractor.

3. Volume II Page Limitation: In 52.252-1 ADDENDUM PROPOSAL SUBMISSION Point 2 (k): Page Limitation for Volume II - Management Approach is 20 Pages. Based on the requirements requested to be responded in this volume, we request to increase this page limitation to 35 - 40 pages.

Answer: Previous acquisition have shown that 20 Page limit is sufficient for evaluation. The stated page count will remain at 20 page limit for Volume II.

4. Volume I & II Page Limitation: In 52.252-1 ADDENDUM PROPOSAL SUBMISSION Point 2 (k): Page Limitation doesnt include cover page, cover letter, table of contents, list of acronyms and compliance matrix. We also want to clarify that Executive Summary and Appendices (Asset Details, Letters of Appreciation, & such data) will also not be counted in Page Limitations

Answer: No additional exclusions will be added statement stands as “The cover page, cover letter, table of contents, list of acronyms and compliance matrix will not count against the page limitation”.

5. Correct Quality of Gasoline (MOGAS): In SOW 4.6.1.1 & 4.6.1.2 the solicitation talks about RON, MON & AKI as per in-country laws and regulations and generally talks about ASTM 4814. In Pre-solicitation even EN 228 was mentioned which is removed in solicitation documentations. The laws & regulations in Afghanistan are unclear to say the least. Only A80 is banned. Does the solicitation means MOGAS to be supplied anything above A80 or does the solicitation means to supply A92 which is general understanding or practice on USG contracts or does the solicitation means A95 as per EN 228. Please clarify.

Answer: Gasoline must comply only with ASTM 4814

6. Mixture / Composition of Propane: In SOW 4.6.1.3 the solicitation only talks about ASTM D1267, but doesn’t explain the mixture / composition of Propane (Propane - Butane - Methane percentage ratio) to be supplied on the contract. Please clarify.

Answer: Propane must comply with ASTM D1267

7. Kerosene Based Fuel & Anti-Gel Additive: In SOW 4.6.1.2.2 the solicitation talks about providing Diesel Fuel with Anti-Gel Additive during 1OCT - 31MAR of any year. In the same SOW point, it goes on and talks that DF1 can be achieved by mixing DF2 with Anti-Gel or mixing DF2 with Kerosene. First of all, the qualities of DF1 and DF2 are different and in our experience DF1 cant be achieved using these methods. If the Government intends to require DF2 fuel with Anti-Gel mixed or DF2 fuel with kerosene mixed (with -34 CFPP), and call it DF1 then please clarify. If that is not the case and we have to procure DF1 and then then additives will be added to make CFPP -34, then will the additivation be the responsibility of the contractor? Secondly, will these additives be separately priced or should be made part of Diesel Fuel? Lastly, both adding Kerosene Based Fuel and Anti-Gel additive is required to make DF1's CFPP to -34 and avoid jelling or congealing of DF1. Please correct the wording in SOW 4.6.1.2.2

Answer: the contractor is responsible for delivering DF2 during the stated months. If the contractor does not believe it can meet performance requirements for DF2 by mixing kerosene, it must instead add anti-gel additive. The contractor is solely responsible for adding anti-gel additive or kerosene, but must achieve DF2 CFPP

8. On First page (before Part I), Contractor information is required. Is it Offeror’s information required or the Offeror’s Customer’s information? Please explain.

Answer: Offeror Information in Part 1

9. Page 2, Part II and Page 5 Part II are identical. Please explain how to use page 2 and 5. If Part II on page 5 is typo, please correct and let us know.

Answer: Past performance sheet will be revised.

10. Extend proposal submission 10 days from the existing due date. We propose 10 June 2017. Due to Ramadan, working activity will be less whereas this proposal needs more days to complete.

Answer: Due to operational needs the Solicitation will not be extended at this time.

11. Assets list is part of proposal. Please exclude assets list from number of pages count. It takes more than 10 pages.

Answer: Assets list are within the technical specification/Volume I the page count is 50 pages per this volume.

12. In order to be eligible for award, do these certification(s)/license(s) have to be maintained by the prime contractor?

Answer: Prime and subcontractors must be properly licensed to perform any work required of them under the contract. In general, the prime contractor will require all applicable licenses, while a subcontractor would require licenses only for the work it performs (for example, a subcontractor only providing storage within Afghanistan would not require an import license, since it would not actually be importing the fuel, only storing it).

13. Will a team that has uses subcontractors that holds these certification(s)/license(s) be considered eligible for award?

Answer: Yes, If all Licensing has been obtained that is required under the solicitation.

14. Do we have to the licenses in place in order to submit to the tender?

Answer: Reference Factor 2 Management approach paragraph 2 “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.” An offeror may submit a license application as evidence of its effort to obtain required licenses, but would not be authorized to perform until the license is issued. Any failure to perform for failure to possess a license would be grounds for termination for default.

15. ONLY non-state owned Fuel Supplying subcontractors need to be registered in JCCS?

Answer: In accordance with the PWS section 3.5 “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). Also IAW 52.252-1 ADDENDUM 2(e) Non-U.S. Contractors and non-U.S. subcontractors must be registered in the Joint Contingency Contracting System (JCCS) and must provide their JCCS Company ID for verification of complete registration. State-owned enterprises that provide only fuel need not be registered in JCCS; however, they must be clearly identified in the proposal and must provide letters of commitment in support of the offeror.

16. ASTM 4814 doesn't clarify Octane Requirements, can you please clarify Octane Requirements?

Answer: Reference section 4.6.1.1 of the provided Statement of Work.

17. Do we need to take consent letter from Afghan Government as well if performed on any GoIRA contract?

Answer: In accordance with 52.252-2 ADDENDUM section 4 Past performance factor (h) “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”.

18. As per the solicitation requirement “The use of hyperlinks in proposals is prohibited in proposal preparation.” Footnote also create hyperlink on the same page for the reference of the note. We understand that Hyperlink a link from a hypertext file or document to another location or file, typically activated by clicking on a highlighted word or image on the screen.

Can we use “footnote" which creates hyperlink to reference on the same page?

Answer: Footnotes that do not link outside of the volume in which they are located are acceptable; however, if the link directs outside the volume, the supporting material will not be considered in proposal evaluation.

19. Regarding the due date, what time zone is being referenced for 5pm on 5/31?

Answer: As stated in block 8 of the 1449 the time zone is Local time (Bagram Afghanistan).

20. Is there a Template Letter of Commitment for partners and subcontractors that the Government would prefer to provide to Offerors?

Answer: No Preference

21. Regarding Country of Origin Certificates or Border Receipt – will these need to be translated into English prior to submission?

Answer: IAW DFARS 252.225-7041 Correspondence in English; The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation. Because country-of-origin certificates are required contractual deliverables, they must be translated to English.

22. Are any future contract extensions available after the initial contract term (post 2018)?

Answer: As stated currently this procurement is based on a one year Term

23. On the Daily Delivery Report, how should we report fuel deliveries made after 2000 local time? Should these be reported on the following day’s Delivery Report?

Answer: Daily report will be all action up until submission of 2000 local time, if delivery is made after 2000 Local time the action should be reported the following day.

24. Can fuels currently in-country be offered for the initial four-month delivery period?

Answer: Yes.

25. In Section 5.1.2 the Offeror is instructed to keep one (1) copy of the Delivery Ticket, however in Section 5.3.2, the Offeror is instructed to provide two (2) copies of the Delivery Ticket for invoicing. Is the Offeror instructed to provide two copies of the original retained copy, for invoicing purposes?

Answer: Offeror instructed to provide two (2) copies of the Delivery Ticket (paper copies of the English and Dari language copy)

26. Can you please issue an updated SF1449 Continuation Sheet where the in-paragraph “Region” reference is updated (a type-o left the in-paragraph Region as “One” for Regions 1 – 7)?

Answer: Revision to follow (Reference CLIN Descriptions)

27. Some companies have sole sourced the refineries other than Turkmenbashi and have locked them down not to issue agreement letter to other companies as of NOW. But they are ready to sell us fuel upon contract award. That said, if we cannot obtain such agreement letters at the moment from refineries such as Azerboijan or Pakistan, is it an issue causing unacceptablity of our proposals?

Answer:

IAW the solicitation under technical capabilities: The offeror shall provide letters of commitment (which will not count against the Technical Volume page limitation) from all fuel suppliers, transportation subcontractors, vehicle leasing companies, and commercial or private fuel storage facilities proposed as an element of the offer (offerors may instead provide documentary evidence of membership in the Turkmenbashi, but will be required to provide fuel sourcing documents if awarded a delivery order).

28. What is the decision of the government if an offeror under bids meaning offering very low price to beat the others (unreasonably low price)? Will the government award contracts to such offerrors?

Answer:

Normally, on a fixed-price contract, the offeror/contractor bears the risk of low prices, and the Government can insist upon performance at the offered price. However, the Government may determine an artificially low price to be unrealistic, if it is so low that it calls into reasonable question the offeror’s understanding of technical requirements, and may refuse award to such an offer.

29. If the bidding company is a US Company, partnering with an Afghan company who has the licenses required such as Freight Forwarding and Fuel Import license from MoCI, is a partnering agreement between the two companies sufficient to bid the tender or must there be a JV company with a JV license?

Answer:

An offer must be submitted by a single entity. If a US company “partners” with an Afghan company, the partnership must be a legally-recognized joint venture. Alternatively, a US company may itself offer as a prime contractor, with Afghan subcontractors, or serve as a subcontractor to an Afghan (or any other nationality) prime contractor.

30. If the bidding company is a US Company with financial resources and expertise who partners with an Afghan company which has all the licenses and permits for this contract performance, what is required in terms of the bidding licenses requirements?

Answer:

The prime contractor and any identified subcontractors must possess all required licenses and permits, but only to the extent that the subcontract effort requires such license. For example, a subcontractor that provides interim storage to a prime contractor within Afghanistan would not be required to possess an import license, since the subcontractor would not actually import fuel.

31. IF the Afghan company who is bidding is a fuels import, storage, and supply company and does not have a transport license, can this requirement be covered under a subcontractor transportation company?

Answer: Yes.

32. Does the contractor need to have transport license and fuel import licenses under the same company name?

Answer: No. A company must have a current license for the particular work it will perform.

33. There are 60+ sites for the MOPI and 300+sites for MOD . What are the typical tests performed at the delivery point and what testing capability in terms of expertise and equipment both miniseries have? although there is clause 4.11.3 that covers the issue Answer: On-site testing is at the discretion of the Government; whatever tests the Government chooses to conduct at the delivery point must be fully passed prior to delivery into storage tanks. Further, the Government reserves the right to take samples to off-site laboratories for further testing that could result in revoked acceptance in accordance with ¶4.5.4 of the Statement of Work.

Reference 4.11 of the solicitation for Sampling and testing procedures

34. Do the receiving sites have testing facilities and are they trained in quality surveillance of the products we deliver? This is a question in reference to rejecting products being delivered.

Answer: On-site testing is at the discretion of the Government; whatever tests the Government chooses to conduct at the delivery point must be fully passed prior to delivery into storage tanks. Further, the Government reserves the right to take samples to off-site laboratories for further testing that could result in revoked acceptance in accordance with ¶4.5.4 of the Statement of Work.

35. What is meant when there is a month delay allowing rejection of product?

Answer: Please see Statement of Work ¶4.5.4. The provision allows the Government sufficient time to ensure the contractor can provide the required Supply/Fuel if laboratory tests indicate non-compliance with ASTM requirements.

35. Is it possible to extend the solicitation deadline for an additional 10 days more? The tender itself has a few items that are dramatically different from the pre-solicitation such as the product specifications.

Answer: Due to operational needs the solicitation will not be extended at this time.

36. What if due to "force major" or insurgent attack a truck is destroyed and damaged and the delivery is delayed, will the contracting officer take this into account and not file a non-compliance on the contractor for being late?

Answer: An insurgent attack is not a force majeure event; however, delivery delays attributable to insurgent attacks are generally beyond the control of the contractor and it will not generally be held accountable for late deliveries associated with proven insurgent attacks. However, please note that the Government does not take ownership of fuel unless/until it is delivered, so contractors who lose fuel or vehicles during transit will not be reimbursed for their losses.

37. Is this mandatory to have all the licenses mentioned on the bid documents during the bid?

Answer: No. However, at a minimum, an offeror must submit a copy of applicable license applications with its proposal, and must describe the expected license issue date.

38. There are other taxes that government would apply and initiate rather than “corporate profit”. Withholding tax, BRT, Staff salary and facility rents are also included in GIRoA taxes referendum. Please instruct if the Afghan government apply these taxes over the contractor for this endeavor?

Answer: The Government complies with the current tax exemption established with the Afghanistan government no addition exemption will be requested.

39. For many of our old contracts accomplished, the point of contact is not available to fill the “questionnaire” and submit to you. Would that affect our proposal evaluation negatively?

Answer: Past performance will be evaluated IAW the criteria in the solicitation. The Government requires that a point of contact verify the past performance information submitted.

40. Are offerors required to enter prices for CLINs 0001 – 0007 on pages 3 through 6 of 84 with their offers to the Government OR only complete and submit “ATTACHMENT_0001_-_MOD_RFDOP_Pricing_Spreadsheet?”

Answer: Both

41. Fourth column in the table at the top of the page includes “Melatonin and Benadryl.” Offeror assumes these words are not applicable to this acquisition.

Answer: Correct (Reference page 31 remove verbiage)

42. Solicitation states, “The plan must describe how the offeror’s quality program is implemented through subcontracting procedures, as well as how subcontractor operations are assessed and corrective action obtained when discrepancies are noted.” Offeror assumes this information is not required in its response if the offeror is not proposing the use of subcontractors.

Answer: Correct

43. Solicitation states, “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 proposal instructions on page 40 only require offerors to provide a description of its quality control practices, etc. and not an actual plan (which is due 10 days after award). Please confirm offerors are only required to submit a description, and not a plan, to meet the Subfactor 2: Quality Control requirement of Volume I – Technical Capability.

Answer: The offeror need only describe its plan. The actual plan is a contract deliverable, and must be provided pursuant to contract terms. The description of the plan required with the proposal must be detailed enough to allow the Government to determine that the offeror is capable of instituting appropriate quality control measures, and professionally managing a fuels quality assurance program. Offerors may submit their plan rather than a description thereof.

44. Solicitation states, “Pricing must be submitted in U.S Dollars (USD).” Is the Government going to pay Afghan contractors in U.S. Dollars? If not, what exchange rate will the Government apply?

Answer: Afghan companies will be paid in Afghanis, at the exchange rate current at time of delivery order award.

45. Are offerors required to enter prices for CLINs 0001 – 0008 on pages 3 through 6 with their offers to the Government OR only complete and submit “ATTACHMENT_0001_ _MOI_RFDOP_Pricing_Spreadsheet?”

Answer: Both

46. Solicitation states, “Non-U.S. Contractors and non-U.S. subcontractors must be registered in the Joint Contingency Contracting System (JCCS) and must provide their JCCS Company ID for verification of complete registration.” May offerors simply indicate their JCCS Company ID on the title page of their proposals?

Answer: Yes, IAW the solicitation provide their JCCS Company ID for verification

47. Solicitation states, “If no subcontractors are expected to perform during the life of the contract, the prime must submit a negative response with its proposal.” Where shall offerors make this statement? Volume I, II, III, IV, or V?

Answer: Contractor ensure that the technical proposal states “no subcontractor will be utilized”

48. Are the client authorization letters included in the volume IV page count?

Answer: Yes

49. Is there an alternative Safe Access File Exchange (SAFE) address for contractors to submit proposals?

Answer: No

50. Define the USG’s definition of Key Personnel, including management titles?

Answer: Offerors are free to identify personnel they consider key to successful performance, and must submit appropriate information for each. The contractor must advise the Contracting Officer whenever an individual in a designated key personnel position is no longer associated with the contractor, and provide background information on his or her replacement.

51. Due to the complexity of the requirement, we respectfully request a two week extension Answer: Due to operational needs the solicitation will not be extended at this time.

52. Paragraph 4.5.2.3 is referenced, but this paragraph does not exist within the solicitation's SOW?

Answer: Correct reference 4.5.3

53. What is the license requirement for the US Based Companies with approved SAM registration? Can they participate in this bid and is there any license requirements or Subcontractor requirements for them to have from/in Afghanistan?

Answer: US companies doing business in Afghanistan must obtain all required Afghan licenses and permits, applicable to international firms doing business in the country.

54. In which currency will the US-based companies be paid if awarded for the contract?

Answer: US Currency

55. Is alternate proposal submission from one company with different terms and conditions allowed and acceptable by the Government?

Answer: No.

56. What is the order of evaluation of offers?

Answer: Evaluation of offers will be IAW the stated criteria in 52.212-2

57. Will all prices submitted by offerors rated as ACCEPTABLE be subject to price evaluation techniques before making a decision to award?

Answer: Price competition will be utilized to determine fair and reasonable, but FAR §15.404-1, price evaluation techniques may be employed to ensure that offered prices are fair and reasonable.

58. What number (bid amount/price) should be entered into to the blank “NET AMOUNT” for CLIN 0009?

Answer: The Contractor shall provide data and reports in accordance with Exhibit A, Contract Data Requirements List (CDRL): The price of the data and reports is included in the prices of CLINs 0001 - 0008. CLIN 0009 is for information purposes only for the Contract Data Requirements List

59. Please clarify the meaning of abbreviation in Block 17 Price Group “NSP” included on all DD1423-2 forms and explain instructions for filling in Block 18 considering CLIN 0009 comments.

Answer: “NSP” Not separately priced.

60. Please update / clarify the requirement for an AISA license-------------------------------------------------------Section 3.0 Afghanistan Business Requirements states in relevant part: “The minimum licenses required are outlined below: 1. Transportation Services License – Issued by AISA (Afghanistan Investment Support Agency) The Afghanistan Investment Support agency has been disbanded by presidential decree. It and no longer exists nor does it issue licenses .See copy of Presidential Decree attached.

Answer: Some offerors may have existing AISA licenses that have not yet expired; such companies are eligible to conduct business in Afghanistan. When current licenses expire, the company must obtain new licenses from the Ministry of Commerce and Industry.

61. Please revise this procedure considering the following circumstances related to follow-on orders. The RFP states in Section 3 page 12&13“ICCC REPORTING FREQUENCY 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 in form 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 MOI site. ”In the likely event that all or at least some of the contractors will be selected to provide fuel under follow-on Delivery Orders, any fuel already imported under tax exempt terms, but not yet delivered, normally would be used to fill follow-on Delivery orders. But if ICCC has been told that a certain amount of fuel was imported exempt from taxes and was now taxable, it will create a significant problem for contractors to solve. Further, contractors who are not selected for a follow on Delivery order are still able to be awarded Delivery contracts in subsequent quarters and should not be penalised during the interim period (by having to pay tax on fuel already imported and to be held in stock for delivery on the next successful award of a delivery order.

Answer: Afghanistan Customs procedures are established by outside agencies and this requirement is mandatory; no change will be executed in concerning the established criteria.

62. Who will be empowered to make a determination of as to adequacy of equipment or non-compliance with the Contractor's Standard Operating Procedures at delivery points?--------------------------------------------------------4.2.1.1 NOTE States: “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. Unless such authority is limited to trusted qualified, professionals, with photographic evidence of violations, the potential threat of arbitrary negative determinations greatly increases the likelihood of coercion and corruption. Please reconsider this requirement.

Answer: At the delivery point a MOI/MOD delivery representative.

4.10.8.3 Prior to offloading the fuel, a sample shall be taken and jointly inspected by the contractor and MOI/MOD receiving personnel. A visual test shall be conducted and jointly inspected. Fuel must be free of particles and clear of water. If fuel does not meet specifications or cleanliness, the fuel will be rejected and the MOI/MOD delivery representative will annotate on the back of the delivery ticket stating the reason for rejection. The vendor shall redeliver the correct product and quantity within 24hrs after any delivery is rejected.

63. Please clarify the contractor’s obligations in the circumstance where the contractor is directed (by Afghan authorities) to do something different than required by the contract.

Answer: IAW 4.1.4 MOI/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.

Any reported Incident will be addressed at the time of occurrence. Any requests for bribe or unauthorized payment must be reported in accordance with the required Anti/Counter Corruption Plan.

64. Please provide links to BSA and SOFA; Reference to this requirement:“4.4.4

Answer: The Bilateral Security Agreement has been superseded by the Security and Defense Cooperation Agreement; the agreement is between the United States and the Government of the Islamic Republic of Afghanistan and does not apply to this contract.

65. Please clarify which party sends samples to fuel testing laboratories (contractor or third party) and if the Contractor is responsible, please identify the Laboratory location (in Afghanistan, Overseas, US military) and state which party bears the cost oftesting?--------------------------------------------------------

Section 4.5.3.3 states: “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.

Answer: The contractor is required to provide the cost free samples for testing. The Government/Third party will incur the cost of the analysis.

66. Please identify what constitutes a "recognised commercial fuel testing laboratory" or provide names of same, as required in Section4.11.3. 4.11.3 Laboratory Testing. The contractor shall perform all inspections and acceptance tests required by the specifications of the supplies to be furnished under this contract or, shall have such tests performed, in a recognized commercial fuel testing laboratory.

Answer: “Recognized commercial fuel testing laboratory” is a testing facility known for Quality testing of fuel. The Government does not designate the Labs to be utilized this is the contractor’s responsibility.

67. According to Section 4.6.1.1.3 OXYGENATE REQUIREMENTS what are the requirements for this contract?

Answer: Contractors are responsible for the minimum/maximum oxygen content limits specified per Federal, State, and local environmental requirements.

68. Please clarify when vehicle and equipment identification numbers must be submitted - with offers or upon award of contract.--------------------------------------------------------Section 4.7.3 It is not possible to identify all vehicles by VIN that will be delivering fuel from refineries to the borders of Afghanistan, nor the individual characteristics of “rolling stock” operated by a railroad operator in another country, nor vessels delivering fuel by sea to interim ports call (example from Azerbaijan refiners to Turkmenrailroad).

Answer: In Subfactor 1: Transportation, Storage, and Fuel Fleet Requirements The offeror must identify rolling stock through Vehicle Identification Number (VIN) or similar unique identification, and must indicate the capacity of any tank vehicle, tank trailer, or other rolling stock used to meet contractual demand. This requirement defines capabilities/assets and is required with offer.

69. Please clarify the assessment of Penalties, and adjudication of disputes about Penalties--------------------------------------------------------Penalties for late delivery of fuel and late delivery of reports are stated in sections 4.11, 4.11.3, & 4.11.4.a. Is there a maximum to each penalty? b. How will penalties be adjudicated and by whom in cases where the Contractor claims extenuating circumstances, disagrees with or disputes the determination that a penalty should be applied? An example is where a contractor sends the reports by email and they are stuck in the USG server, or misdirected? Or if delivered by hand at or before 2000 and access to the base is not allowed. Or late by 30minutes because of road closing, etc.c. Will the penalties be imposed as a unilateral deductive change order to the contract? d. Will the authorised contracting officer or the COR or the ordering officer (if different) make impose the penalty? e. How are penalties be applied (or waived) if the late delivery relates to an incident report (coercion or corruption - see Q6 above)?f. Are there bonuses for on-time performance? Normally bonuses must be offered in conjunction with penalties ( not liquidated damages). If the US Government wants performance (in light of all the risks the contractors must bear) an incentive would be more effective than a punishment. g. How does the penalty of 0.5% per day relate to the actual or even expected damages to the Government for a late delivery of a daily report (by 2000 hrs daily)

Answer: This Contracting effort is a Firm Fixed Price contract not a Firm Fixed price with Incentives. Penalties will be accessed IAW the Performance requirement summary’s stated percentages. All extenuating circumstances of the delay in delivery will be considered.

70. Will penalties be waived for the emergency shipment and other affected shipments? Section 13.0 – PERFORMANCE REQUIREMENTS SUMMARY (PRS) states:“4.11 Deliveries The contractor shall deliver the stated order from the RDD having atleast 96 hours to deliver to the Receiving Activity on the date specified. Unless coordinated through the Government and waived for a particular delivery, the Contractor shall be deducted 3% of the total value of the Delivery per day until delivery. 4.10.3 In the event of an emergency, the Government may request Emergency Deliveries. The contractor shall make its best effort to deliver fuel to the specified location(s) within 24 hours. The contractor may request an extension to other concurrently scheduled deliveries in order to meet emergency delivery requests.

Answer: The Government understands Emergency deliveries are not the same scenario as regular delivery requests. All extreme circumstances between emergency and regular delivery will be addressed at the time of occurrence.

71. Please clarify conflicting explanation of Past Performance--------------------------------------------------------PAST PERFORMANCE EVALUATION (p53) states:“ 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. 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.…. 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.…i. 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. ”It would seem the statements to be in conflict… in one part a lack of relevant data is said to be an important consideration and in another statement a lack of any past performance data results in an acceptable rating. Please clarify or reconcile these opposing statements.

Answer: Past Performance: Acceptable- 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.

72. How should offerors communicate EXPERIENCE" to the tender evaluation committee, without the risk of being unfavourably rated? Offerors may have significant "EXPERIENCE" in purchasing and delivering fuel to commercial customers, but no experience delivering as a prime contractor under or according to US Government contracts

Answer: Provide Past performance questionnaires relating to experience.

73. Please clarify initial submittal date for Form DD1423-2 A03-------------------------------------------------------- Block 14 instructions say first delivery ticket shall be submitted 10days after award. However the RFP states that deliveries will begin 30days after award.

Answer: Submitted upon delivery.

74. Please clarify the time allowed for deliveries. Section 4.10DELIVERY REQUIREMENTS states two time periods - 96 hours and 15 days. “4.10 DELIVERY REQUIREMENTS4.10.1 Contract prices shall include all charges for packing ,handling, freight, distribution and delivery. All transportation and delivery of the fuel products shall be F.O.B. Destination to any delivery location identified in the contract within 96 hours after delivery order issuance and shall be completed within 15 days of issuance of delivery order,”

Answer: As stated “identified in the contract within 96 hours after delivery order issuance and shall be completed within 15 days of issuance of delivery order” Begin delivery order within 96 hrs. of delivery order issuance and complete within 15 days.

75. Please confirm the standard of LPG required… 100% Propane or a mixture of Propane and Butane. The RFP requirement is for 100% propane gas. Section 4.6.1.3 states: “4.6.1.3 Propane delivered under this contract must comply with ASTMD1267, Propane Container Tester, ASTM D1835, Propane Quality, and ASTMD3588, Standard Practice for Calculating Heat Value, Compressibility Factor, and Relative Density of Gaseous Fuels. ”The established standard for Propane in Afghanistan is a mixture of Propane and Bhutane, exact mix to be different summer and Winter.

Answer: 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.

76. Is the contractor required to provide ALL new liquid propane tanks or shall he use the existing tanks, exchanging on a one to one basis? Section ‘4.10.9 Liquid Propane Deliveries’ states“4.10.9.1 The contractor shall be responsible for the delivery of liquid propane on both a one-for-one tank basis as well as into bulk tanks at various locations throughout Afghanistan. For planning purposes propane usage is not anticipated to exceed 1,043,000 kg per month.

Answer: Both methods

77. Please provide the number of tanks to be provided upon award(for each zone) If the contractor must provide all new tanks, the contractor must purchase and supply two tanks for each propane delivery location. If the contractor is able to use existing propane tanks, the contractor must provide (at his cost) one propane tank for each tank at each location.

Answer: The contractor is responsible for delivering propane on a one-for-one swap. Full tanks will be delivered, and empty tanks taken away.

78. Will the tanks provided by the contractor for each propane consuming location remain the property of the contractor at the completion of each delivery order period.-------------------------------------------------------- (In the case that the contractor is not awarded a contract to supply propane in the second or third according to subsequent RFDOP’s.)-

Answer: Any propane tanks removed from a site will be the responsibility of the contractor.

79. Will US Army replace or repair faulty or leaky Propane tanks after contractor identifies those faulty or leaking tanks?--------------------------------------------------------Section 4.10.9.2 states:“4.10.9.2 The contractor shall conduct a low pressure visual inspection on all liquid propane tanks to check for faulty/leaking valves prior to and after transportation to the site. The contractor shall provide propane tank marking, inspection and certification for all tanks as specified by US Department of Transportation (US DOT) and American Society of Mechanical Engineers (ASME)”Who will decide whether it is practicable to repair faulty or leaking tanks or if tanks should be replaced? Will the contractor be compensated by change order for the cost of faulty or leaking tank repairs or replacements, If the contractor is required to repair (if possible) or replace (if repair is not practicable) those faulty or leaking tanks ?

Answer: The contractor is responsible for all tanks delivered under the contract, and shall conduct low pressure inspections as an element of delivery. If a tank is leaking, it will not be accepted, and the contractor will be responsible for providing a replacement.

79. Please revise Delivery Dates (page 7) to be for the first Delivering Order period only.

Answer: Three delivery periods, each of four months duration, are contemplated by this contract. Delivery periods will commence on 1 September 2017, 1 January 2018, and 1 May 2018. Awards will be made one month before the beginning of each delivery period (1 August 2017, 1 December 2017, and 1 April 2018) in order to allow the contractor a mobilization period.

80. 52.252-1 ADDENDUM – PROPOSAL SUBMISSION (52.212-1) Clause 2 – PROPOSAL SUBMISSION REQUIREMENTS Sub-clause “e”. Page 38 Question: Big Transportation Corporations and/or other Fuel Transportation till Afghanistan border are not willing to have JCCS or any other online registrations. Also Fuel Inspection company do not have nor they are willing to register themselves on JCCS or any other online registrations.

Answer:

Per the solicitation - Non-U.S. Contractors and non-U.S. subcontractors must be registered in the Joint Contingency Contracting System (JCCS) and must provide their JCCS Company ID for verification of complete registration.

To be eligible for award, the offeror must be registered and pending approval in JCCS NLT five (5) days after the solicitation response deadline, if it is a Non-U.S. contractor. In addition, all subcontractors at all tiers who will be contracted by the prime will also be registered in JCCS by the award date and must be approved by the Government.

81. 52.252-1 ADDENDUM – PROPOSAL SUBMISSION (52.212-1) Clause 2 – PROPOSAL SUBMISSION REQUIREMENTS Sub-clause “k”. Page 38 Question: a) In Volume I – Technical Capability, will the pages attached as Annexures detailing 300+ Asset List, Driver details, Fuel Certificates would be counted in the page limit? b) In Volume II – Management Approach, will the pages attached as Annexures detailing Financial Capability through Bank Certificates & Audited Accounts or Profile Briefs would be counted in the page limit?

Answer: Yes, These documents are part of your technical and Management approach.

82. Reference to the subject solicitation, Government is anticipating up-to 6 vendors on MOD and MOI (12 Companies), however, we believe that companies will apply on both solicitations. Will you prefer companies applying on both solicitations or applying on one?

Answer: The solicitations were established for full and open competition there is no limitation on whom may submit proposals.

83. Many of the commercial fuel facilities and fuel trucks in Afghanistan are not branded. Unscrupulous bidders could propose facilities that they do not own using pictures taken from outside the walls of the facility. Will the government entertain requiring site visits to verify that companies actually own the assets, storage, fleet, transportation assets being proposed?

Answer: The government will not conduct site visit for asset validation, but obviously if the contractor falsifies the asset information then they will not be able to provide the requested product.

84. Given the current pricing instructions, bidders could offer below market pricing fuel –even proposing at a loss– for the first 90 days to achieve the lowest evaluated price, and raise their prices in the subsequent order periods. Will the government entertain requiring offerors to benchmark prices to an industry standard fuel?

Answer: All subsequent delivery orders will be competed amongst the awardees to promote competitive pricing.

85. Does the government consider sister companies that are wholly owned by the same parent company/investors to be subcontractors or internal organizational divisions for the purpose of registration and reporting?

Answer: Due to the sister company having different accounting standards they are consider a subcontractor.

86. Does the government require a complete list of all transportation assets proposed for use on this program or a representative sample of the types of assets that will be employed?

Answer: Reference technical capabilities in the solicitation-The offeror shall describe the tangible assets in its possession, or available via lease, or through subcontract, to provide transportation of fuels from point at which the offeror takes possession of the fuels until final delivery of fuel. In considering this the government needs a list of all assets being utilized to provide delivery.

87. Will the government allow 11 x 17 pages for graphics and/or large tables and charts?

Answer: No, In accordance with the solicitation directions Format. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and RFP number in the header and/or footer. PDF files shall use the following page setup parameters:

Margins – Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer 0.5” Page Size, Width – 8.5” Page Size, Height – 11”

88. Wrong reference number for daily deliver report?

Answer: Reference number should be 4.10.5 Daily Deliver Reports