Draft_-_Statement_of_Work_-_MOD.pdf

STATEMENT OF WORK (SOW)

PETROLEUM, OIL AND LUBRICANT (POL) PRODUCT

SUPPORT TO MINISTRY OF DEFENSE

Version 1.6 – 28 January 2018

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)

DRAFT

PETROLEUM, OIL AND LUBRICANTS (POL) PRODUCT SUPPORT

TO MINISTRY OF DEFENSE

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, including partial deliveries. (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. The tank vehicles may be tank trucks, fuel trailers or tractor and tank semi-trailer combinations. Each tank shall be maintained in the same grade of service to the maximum extent possible to minimize the potential for contamination. If required, , tanks shall be processed for a change in grade in accordance with the following guidance:

4.8.5.1 MoGas to MoGas: Drain empty.

4.8.5.2 MoGas to Diesel Steam clean and dry.

4.8.5.3 Diesel to Diesel: Drain empty.

4.8.5.4 Diesel to MoGas: Steam clean and dry.

4.8.6 Fuel transportation tanks may be inspected by the United States Government or third-party independent contractor prior to upload of fuels from a refinery or interim storage facility to ensure the tanks are empty, free of debris, leaks or holes and that all connections and ports are properly sealed. The fuel Contractor may observe this process. Fuel delivery may be refused if the delivery equipment is deemed unsafe or not road worthy by the MOD receiving activity. When delivery is made by tank wagon, transport truck, or truck and trailer, the transport vehicle shall be equipped with a pump, and a minimum of 100 feet (30 meters) of 3-inch and 2- inch diameter operational hose and fittings without leaks, and an adaptor, where necessary, for leak-free connections. Delivery hose, when attached to a tank vehicle, shall be considered to be a part of the tank vehicle.

4.8.7 Loading and unloading of tank vehicles shall be done only in approved locations. If the contractor is directed to load or unload at an unapproved location, the contractor shall notify the Contracting Officer and COR immediately. All trucks must be properly grounded and bonded prior to the start of loading and unloading operations. The driver, operator, or attendant of any tank vehicle shall not remain in the vehicle -- but shall not leave the vehicle unattended -- during the loading or unloading process.

4.8.8 Prior to loading, the contractor shall inspect all shipping conveyances for suitability to load the supplies furnished under this contract. The U.S. Government or third party independent contractor has the right to inspect any method of conveyance prior to loading and, in the event the contractor and the U.S. Government or third party contractor disagree on the suitability to load such a conveyance, the determination of the U.S. Government shall govern. Contractor shall have procedures in place to determine suitability to load tank trucks and tank cars, which shall include, but are not limited to, visual inspection of interior compartments to assure cleanliness and dryness.

Manifolds and hoses must be drained and be clean and dry, and for the intended product.

4.8.8.1 During transfer, motors of tank vehicles or motors of auxiliary or portable pumps shall be shut down during the making and breaking of hose connections.

4.8.8.2 Where loading or unloading is done without requiring the use of the motor of the tank vehicle, the tank vehicle motor shall be shut down throughout the transfer. No cargo tank or compartment thereof shall be loaded liquid-full. Sufficient space (outage) shall be provided in every case to prevent leakage from the tank or compartment by expansion of the contents due to rise in temperature in transit; in no case shall outage be less than one (1) percent of the tank volume.

4.9 CARGO TANK REQUIREMENTS

4.9.1 The material used in the construction of all cargo tanks shall be compatible with the chemical characteristics of MoGas and diesel fuels. Cargo tank material shall be Aluminum Alloys (AL) or stainless steel (SS). Cargo tanks shall be provided with additional structural elements as necessary to prevent stresses encountered during transportation.

4.9.2 Cargo tanks with frames not made integral with the tank (as by welding) shall be provided with restraining devices to eliminate any relative motion between the tank and the frame that could result from the stopping, starting, or turning of the vehicle. Such restraining devices shall be accessible to the journeyman mechanic for inspection and maintenance, except that insulation and jacketing shall be permitted to cover the restraining devices.

4.10 DELIVERY REQUIREMENTS

4.10.1 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 fuel delivery order issuance and shall be completed within 15 days of issuance of fuel delivery order(s), except in those instances where the delivery location does not have the capacity to receive and store fuel and the contractor notifies the COR for approval of this exception. Base Delivery Orders will be for Not to Exceed (NTE) quantities, for a four month fuel delivery period, to locations to be specified within Request for Delivery Date (RDD) issued by the Government. The Government is only obligated to pay for the actual quantities delivered for each product or type of fuel. Delivery will be during normal working hours at each location. The Contractor shall contact the receiving activity Point of Contact (POC) in the RDD to arrange a delivery time on the specified delivery day. Should the contractor be unable to contact the applicable POC for any order to arrange a delivery time on the delivery day, the contractor shall immediately notify the Contracting Officer and COR.

4.10.2 The Government will place fuel orders for each fuel type to specified locations on an as-needed basis, not to exceed the quantities stated on the base Delivery Order. The RDD will be sent via email notification to the contractor. The RDD will be provided to the contractor and shall include at a minimum the following information:

1. Contract # and applicable DO #

2. Order Number

3. Delivery Location

4. Delivery Date

5. Delivery Time

6. Delivery Quantity

7. Delivery Fuel Type

8. Delivery Purpose Support Function (i.e. – Into Storage, Into Fuel Truck, Into Generator, etc)

9. Delivery POC Name and Contact Information

10. Any additional special instructions.

4.10.2.1 If the Government elects to arrange for third-party surveillance on a particular RDD, the email notification in §4.10.2 will advise the fuel contractor of the requirement, and include contact information for the third-party contractor. The fuel contractor is responsible for contacting the third-party independent contractor to coordinate the exact delivery time. If the fuel contractor does not coordinate delivery with the third-party contractor, the fuel delivery will be rejected.

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.

4.10.4 If the receiving activity, or third-party contractor, rejects fuel delivery because it was not supplied in accordance with ASTM standards, the contractor shall deliver replacement fuel of the same type and grade within 24 hours. The contractor will deliver all replacement fuels in accordance with that fuel’s ASTM requirements.

4.10.5 The contractor shall provide, by email, a daily summary report of fuel deliveries to the Contracting Officer and Contracting Officer Representative for every calendar day that fuel is delivered. The report will be a separate deliverable from the monthly delivery ticket. The daily report shall be submitted no later than 2000 local time each day a delivery occurs. The report may contain multiple orders and deliveries that occurred during the course of that day. The daily report shall contain the following information at a minimum (CDRL A010):

1. Date of Report

2. Order Number (Provided by COR or Contracting Officer within the RDD)

3. Date Order was placed

4. Location by Province, District, and Installation (e.g., Camp Shaheem) and address, NOT UNIT NUMBER, must include actual delivery location and installation

5. Unit receiving delivery

6. Name of individual at the receiving activity accepting delivery

7. Type, Quantity and Brand Name of Fuel

8. Total quantity of POL downloaded

9. Any additional comments pertaining to the order

10. Date delivery started

11. Date delivery completed

4.10.6 The Contractor shall be responsible for immediate clean-up of any incidents involving leaks or spills resulting from the delivery process. In the event an accidental or deliberate spillage event occurs, and the Contractor fails or refuses to clean the spill, the Contractor shall be liable for all costs associated with clean-up, removal, and disposal, and any subsequent fines.

4.10.7 In case of any delay the Contractor shall immediately notify the U.S. Government of the delay or potential delay and describe the cause of the delay. The contractor shall submit an Incident Report (A001) to the Government.

No claim for damages, other than for an extension of time, shall be asserted against the Government unless there are circumstances determined to be extenuating by the Government. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Government for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance.

4.10.8 Delivery Quantification

4.10.8.1 The contractor shall use a calibrated fuel meter as the primary instrument to measure the amount of fuel delivered (in liters) for calculating the amount to be invoiced for deliveries, temperature- corrected in accordance with American Petroleum Institute Manual of Petroleum Measurement Standards, chapters 5 & 6.

4.10.8.2 If a contractor- or MOD-provided fuel meter is not available for any reason, the contractor shall employ manual gauging techniques in accordance with the American Petroleum Institute, Manual of Petroleum Measurement Standards, chapter 3.1A Before off-loading operations begin, contractor personnel shall ensure the receiving tank has sufficient available volume to receive the product. If using the stick-and-gauge method, the receiving tank shall be gauged before and after fuel transfer to determine amount received. The vendor shall remain onsite until the fuel officer or attendant, in the presence of the contract vendor, and after waiting for a period of no less than 30 minutes, has gauged the uploaded tank(s). The purpose of the waiting period is to allow the fuel to settle (gravity and expansion). The receiving activity will use the Delivery Ticket to document quantity and gauge readings before and after receipt of fuel in the receiving tank.

4.10.8.3 Prior to offloading the fuel, a sample shall be taken and jointly inspected by the contractor and 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 MOD delivery representative will annotate on the back of the delivery ticket stating the reason for rejection. The vendor shall re-deliver the correct product and quantity within 24hrs after any delivery is rejected.

4.10.9 Liquid Propane Deliveries

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.

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)

4.10.10 Petroleum Deliveries

4.10.10.1 The contractor shall deliver petroleum products only to storage tanks specifically designed for fuel storage. Quantity delivered shall be measured by the receiving activity’s fuel meter, or by manual gauging, temperature corrected to 60°F/15 °C in accordance with the current version of the American Petroleum Institute Manual of Petroleum Measurement Standards chapter 11.1.

4.10.10.2 If using the stick and gauge method, the receiving tank shall be gauged before and after receipt to determine amount received. The fuel officer or attendant, in the presence of the contract vendor, shall wait for a period of no less than 30 minutes to gauge an uploaded tank. The purpose of waiting is to give the fuel a chance to settle (gravity and expansion). If the fuel is gauged immediately after upload, it will cause an inaccurate reading. The MOD representative will document quantity and gauge readings before and after receipt of fuel. If fuel does not meet specifications or cleanliness in accordance with SOW Section

4.10.8.3 the fuel will be rejected and the Contractor shall re-deliver conforming fuel within 24 hours.

4.11 SAMPLING AND TESTING

4.11.1 Sampling. The Contractor shall take samples in accordance with the procedures for sampling additives, blend tanks, shipping tanks, lines, and conveyances/containers dictated in the American Petroleum Institute Manual of Petroleum Measurement Standards chapter 8.1, ASTM D 4057, Manual Sampling of Petroleum and Petroleum

Products, and Section 2, ASTM D4177, Automatic Sampling of Liquid Petroleum and Petroleum Products.

Procedures include sample location, frequency, quantity, and retention. For all tanker, barge, and pipeline shipments, a flow-proportional sample taken in accordance with American Petroleum Institute Manual of Petroleum Measurement Standards chapter 8.2, is preferred at the custody transfer point. However, manual samples taken in accordance with chapter 8.1 of the manual are acceptable provided that they are taken hourly throughout the transfer.

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. Prior to the initial shipment under this contract, the contractor shall provide the U.S. Government the name and location of the laboratory to be used for testing at each discharge point (point-of-sale, transfer between common carriers, or distribution from the Contractor’s interim storage location, if employed).

The contractor shall notify the U.S. Government of any subsequent laboratory changes prior to the affected shipments. If any laboratory is determined to be unacceptable to the U.S. Government, the contractor must designate another laboratory that is acceptable, before acceptance testing can take place. Acceptance tests will normally be performed at the acceptance point; however, when such tests are performed at origin on fuels acquired pursuant to this contract, documentation to enable verification of the original test results shall be provided to the U.S.

Government, prior to acceptance at destination. Regardless of the method of delivery, products furnished under this contract shall meet all specification requirements at the custody transfer point (CTP).

4.12 CALIBRATION

4.12.1 The Contractor shall test and measure all equipment in accordance with International Standards Organization (ISO) 10012:2003, Measurement Management Systems – Requirements for Measurement Processes and Measuring Equipment, or equivalent local regulation, as appropriate.

4.12.2 Should the contractor's vehicle have a meter, the contractor shall utilize that meter to determine quantities in accordance with the current version of American Petroleum Institute Manual of Petroleum Measurement Standards, chapters 4 (Proving Systems), 5 (Metering), and 6 (Metering Assemblies)., For items and systems not covered by API, ASTM, or IP publications, the applicable manufacturer's recommended calibration method(s), outlined in the applicable industry publication, may be used if prior approval is obtained from the Contracting Officer or Contracting Officer’s Representative.

4.13 LOADING AND SHIPPING – GENERAL

4.13.1 Contractor shall have a dedicated system, including lines, pumps, loading arms, and hoses, or an isolated common system incorporating blind flanges, spectacle plates, or double valves between systems for POL movements and related quality and quantity checks when shipping tank(s) to the custody transfer point (CTP).

4.13.2 An isolated common system using single valves designed to ensure positive isolation, such as twin seal single valves, is also acceptable.

4.13.3 Systems with single valve (other than twin seal) isolation require specific procedures be included in the QCP to ensure product integrity prior to the CTP. When single valves (other than twin seal) are present in the system, the Contractor shall provide its quality control procedures, from the first single valve to the CTP, at time of proposal submission to the Contracting Officer for a determination of acceptability.

SECTION 5.0 – INSPECTION/ACCEPTANCE/INVOICING

5.1 INSPECTION

5.1.1 At the time of delivery, the Receiving Activity will test the POL product(s) to ensure it is the correct fuel prior to the contractor dispensing the POL into the fuel storage tank(s). Prior to fuel delivery into the storage tank, the Receiving Activity will conduct fuel testing and will reject any Petroleum Fuel not meeting applicable contractual standards within 4 hours.

5.1.2 The contractor shall provide each MOD delivery site two (2) copies of the Delivery Ticket (paper copies of the English and Dari language copy) and retain one (1) copy – in English – for subsequent submission to the US Government. An English language copy of each delivery ticket must be furnished to the US Government along with the Contractor’s invoice submittal each month.

5.2 ACCEPTANCE

5.2.1 Until acceptance, risk of loss or damage shall remain with the Contractor. The MOD receiving activity will provide written acceptance of the fuel on the Delivery Ticket, by certifying the delivery and signing the Delivery Ticket to affirm the amount of fuel actually delivered. If a dispute regarding the amount of the delivery subsequently arises, the dispute must be resolved prior to certification of the invoice. Upon signature by the MOD receiving activity, the fuel is accepted, in the amount identified on the Delivery Ticket.

5.3 INVOICING

5.3.1 The contractor shall submit one (1) invoice for payment, on a monthly basis, for all deliveries made in the prior month. Monthly invoices must be submitted to the Contracting Officer not later than the tenth (10th) calendar day of the month following delivery. The contractor’s final invoice for payment -- for each delivery order performance period -- is required not later than ten (10) calendar days after expiration of the performance period.

5.3.2 For each delivery order, the contractor shall submit in an electronically searchable Portable Document Format (PDF), a single invoice, including two signed copies of all Delivery Tickets and the Contractor’s self-certification for all delivery sites associated with the Delivery Order, to the Contracting Officer and COR.

5.3.3 The contractor shall provide a Certificate of Origin (A011) regarding the source (i.e. country of origin) any bulk fuel purchased by the contractor for delivery under this contract. The Certificate of Origin must identify the country-of-origin of the refined fuel – not the crude oil – and must be certified by the seller of the refined product.

The Contractor shall provide the Certificate of Origin with submission of invoices.

5.3.4 Monthly, the Contractor shall prepare and furnish to the U.S. Government a Material Inspection and Receiving Report – DD250 summarizing all deliveries completed during the prior month. A DD250 shall be accompanied by a copy of all Delivery Tickets (in English and Dari or Pashto language) executed by an authorized representative of the receiving activity in the designated place on the Delivery Ticket. In addition to the requirements of the DD Form 250, the contractor shall provide a stamped section on the face of the Delivery Ticket (A003) where the receiving activity can respond in writing to the following fill-in information:

1. Printed Name of Customer

2. Customer Signature

3. Printed Name of Driver

4. Driver Signature

5. Truck Plate Number

6. Seal Number/ Verification

7. Organization/Office

8. Telephone number and/or email

9. Order Number (Provided by the Contracting Officer or COR)

10. Location by Province, District, and Installation (e.g., Camp Sahaheem)

11. Type and Brand Name of Fuel

12. Date of receipt

13. Tank Gauging Results

14. Test Results

a. Visual

b. API

15. Country of Origin of Fuel

The DD Form 250 shall be signed by the Contractor in the appropriate blocks before presenting it for acceptance signature.

5.3.5 The contractor is responsible for accurate completion of all required delivery receipt documentation and prompt submission of invoices for each delivery order. Missing or incomplete information may result in delayed processing of invoices and payment.

5.3.6 The contractor shall keep all quality and quantity records related to the performance of this contract complete and available to the U.S. Government during the performance of this contract until final payment is made. These records shall include, at a minimum, test reports for all products and additives, additive blending and/or injection records, vehicle notice of readiness, customs documents, bills of lading, vehicle reports, and the DD Form 250/DD Form 250-1 and continuation sheet(s) (A012).

5.3.7 Other documentation may be required on an as-needed basis, such as vehicle logs, calibration records, and results of quality or quantity discrepancy investigations. These records and reports will include by whom, where, and how they were prepared, as well as retention information (A013).

SECTION 6.0 - PERFORMANCE EVALUATION

6.1 QUARTERLY CONTRACT REVIEWS

6.1.1 The Contractor shall conduct quarterly contract reviews with Government personnel at a mutually agreeable location or via video or telephone conference. The U.S. Government will schedule the initial review. It is anticipated that the first review will occur no later than 90 calendar days after contract award. Thereafter, reviews shall occur on a quarterly basis for the Contract. During each review, the Contractor shall present material that addresses:

- Quality of Product(s)

- Invoicing

- Schedule

- Business Relations

- Management

- Offloading & Testing Procedures

- Other; any other area on which the Government would like to provide feedback.

6.1.2 The Contractor shall provide the briefing charts to the COR electronically three business days prior to the day of the review. Coordination shall be accomplished through electronic mail. The briefing shall be conducted in English.

SECTION 7.0 – SECURITY REQUIREMENTS

7.1 GENERAL SECURITY REQUIREMENTS.

The Contractor is responsible for security of all vehicles, personnel and all petroleum products being transported under this contract. Because delivery of fuels is FOB destination, risk of loss remains with the contractor until acceptance at the delivery point (see §8.0).