W91QVN-17-R-0149.docx

W91QVN-17-R-0149

Section SF 1449 - CONTINUATION SHEET

Rail Tank Cars Bulk Fuel Delivery

FFP

Rail Tank Cars (RTCs) Bulk Fuel (JP8) Delivery Services from Camp Humphreys, Suwon AB, Ulsan, Gwangju AB as a primary pick-up point to within 150 KM of USFK Wide in accordance with the PWS.

FOB: Destination

PURCHASE REQUEST NUMBER: SJ06057158RPKG

ESTIMATED

NET AMT

Rail Tank Cars Bulk Fuel Delivery

Rail Tank Cars (RTCs) Bulk Fuel (JP8) Delivery Services from Daegu AB, Ulsan, Kunsan AB, Camp Humphreys, Suwon AB, Yechon DFSP and Gwangju AB as a primary pick-up point to between 151 KM and 300 KM of USFK Wide in accordance with the PWS.

ESTIMATED

Rail Tank Cars Bulk Fuel Delivery

Rail Tank Cars (RTCs) Bulk Fuel (JP8) Delivery Services from Daegu AB, Ulsan, and Gwangju AB as a primary pick-up point to beyond 300 KM of USFK Wide in accordance with the PWS.

ESTIMATED

Additional Cost

Additional cost (when five (5) RTCs are not required per shipment.)

IAW Paragraph 5.6 of the PWS.

Five (5) RTCs will be used for moving fuels and the rest of three (3) RTCs will be used as buffer cars between the locomotive car and the RTCs carrying fuels IAW the Korean Railways and Transport Safety Enforcement Regulation.

ESTIMATED

Cleaning Tank

Cleaning Tank Each = One RTC (14,000 gallons) IAW Paragraph 5.7 of the PWS.

ESTIMATED

Demurrage and Cancellation Charge

Demurrage and Cancellation Charge (At the time of requirement the charges will be determined between the Contractor and the KORAIL based on the KORAIL's current published price IAW Paragraph 5.10 of the PWS). This CLIN unit price will be "NOT SEPARATELY PRICED (NSP)".

The Contractor is not required to propose the unit price.

NET AMT

Contractor Manpower Report (CMR)

IAW Paragraph 7 of the PWS, Contractor Manpower Report (CMR) must be reported by 31 October of each calendar year during the life of the contract.

NOTE: Not to exceed 20 man hours for data collection and report.

UIC: SJ0605, Organization: Defense Logistics Agency (DLA) Energy-Korea, Unit #15015, APO AP 96218-5015

NET AMT

Contract Data Requirement List (CDRL)

IAW Paragraph 8.1 of the PWS, Contract Data Requirement List (CDRL), the contractor shall provide documents in contractor format subject to Government review and approval.

NET AMT

Estimated Cost for War Hazard Losses is

Zero (0).

NET AMT

FFP

Rail Tank Cars (RTCs) Bulk Fuel (JP8) Delivery Services from Camp Humphreys, Suwon AB, Ulsan, Gwangju AB as a primary pick-up point to within 150 KM of USFK Wide in accordance with the PWS.

ESTIMATED

FFP

Rail Tank Cars (RTCs) Bulk Fuel (JP8) Delivery Services from Daegu AB, Ulsan, Kunsan AB, Camp Humphreys, Suwon AB, Yechon DFSP and Gwangju AB as a primary pick-up point to between 151 KM and 300 KM of USFK Wide in accordance with the PWS.

ESTIMATED

FFP

Rail Tank Cars (RTCs) Bulk Fuel (JP8) Delivery Services from Daegu AB, Ulsan, and Gwangju AB as a primary pick-up point to beyond 300 KM of USFK Wide in accordance with the PWS.

ESTIMATED

FFP

Additional cost (when five (5) RTCs are not required per shipment.)

IAW Paragraph 5.6 of the PWS.

Five (5) RTCs will be used for moving fuels and the rest of three (3) RTCs will be used as buffer cars between the locomotive car and the RTCs carrying fuels IAW the Korean Railways and Transport Safety Enforcement Regulation.

ESTIMATED

FFP

Cleaning Tank Each = One RTC (14,000 gallons) IAW Paragraph 5.7 of the PWS.

ESTIMATED

FFP

Demurrage and Cancellation Charge (At the time of requirement the charges will be determined between the Contractor and the KORAIL based on the KORAIL's current published price IAW Paragraph 5.10 of the PWS). This CLIN unit price will be "NOT SEPARATELY PRICED (NSP)".

The Contractor is not required to propose the unit price.

NET AMT

FFP

IAW Paragraph 7 of the PWS, Contractor Manpower Report (CMR) must be reported by 31 October of each calendar year during the life of the contract.

NOTE: Not to exceed 20 man hours for data collection and report.

UIC: SJ0605, Organization: Defense Logistics Agency (DLA) Energy-Korea, Unit #15015, APO AP 96218-5015

NET AMT

FFP

IAW Paragraph 8.1 of the PWS, Contract Data Requirement List (CDRL), the contractor shall provide documents in contractor format subject to

NET AMT

FFP

NET AMT

FFP

Rail Tank Cars (RTCs) Bulk Fuel (JP8) Delivery Services from Camp Humphreys, Suwon AB, Ulsan, Gwangju AB as a primary pick-up point to

ESTIMATED

FFP

Rail Tank Cars (RTCs) Bulk Fuel (JP8) Delivery Services from Daegu AB, Ulsan, Kunsan AB, Camp Humphreys, Suwon AB, Yechon DFSP and Gwangju AB as a primary pick-up point to between 151 KM and 300 KM of USFK Wide in accordance with the PWS.

ESTIMATED

FFP

Rail Tank Cars (RTCs) Bulk Fuel (JP8) Delivery Services from Daegu AB, Ulsan, and Gwangju AB as a primary pick-up point to beyond 300 KM of

ESTIMATED

FFP

Additional cost (when five (5) RTCs are not required per shipment.)

IAW Paragraph 5.6 of the PWS.

Five (5) RTCs will be used for moving fuels and the rest of three (3) RTCs will be used as buffer cars between the locomotive car and the RTCs carrying fuels IAW the Korean Railways and Transport Safety Enforcement Regulation.

ESTIMATED

FFP

Cleaning Tank Each = One RTC (14,000 gallons)

ESTIMATED

FFP

Demurrage and Cancellation Charge (At the time of requirement the charges will be determined between the Contractor and the KORAIL based on the KORAIL's current published price IAW Paragraph 5.10 of the PWS). This CLIN unit price will be "NOT SEPARATELY PRICED (NSP)".

NET AMT

FFP

IAW Paragraph 7 of the PWS, Contractor Manpower Report (CMR) must be reported by 31 October of each calendar year during the life of the contract.

NOTE: Not to exceed 20 man hours for data collection and report.

UIC: SJ0605, Organization: Defense Logistics Agency (DLA) Energy-Korea, Unit #15015, APO AP 96218-5015

NET AMT

FFP

IAW Paragraph 8.1 of the PWS, Contract Data Requirement List (CDRL), the contractor shall provide documents in contractor format subject to

NET AMT

FFP

NET AMT

FFP

Rail Tank Cars (RTCs) Bulk Fuel (JP8) Delivery Services from Camp Humphreys, Suwon AB, Ulsan, Gwangju AB as a primary pick-up point to

ESTIMATED

FFP

Rail Tank Cars (RTCs) Bulk Fuel (JP8) Delivery Services from Daegu AB, Ulsan, Kunsan AB, Camp Humphreys, Suwon AB, Yechon DFSP and Gwangju AB as a primary pick-up point to between 151 KM and 300 KM of USFK Wide in accordance with the PWS.

ESTIMATED

FFP

Rail Tank Cars (RTCs) Bulk Fuel (JP8) Delivery Services from Daegu AB, Ulsan, and Gwangju AB as a primary pick-up point to beyond 300 KM of

ESTIMATED

FFP

Additional cost (when five (5) RTCs are not required per shipment.)

IAW Paragraph 5.6 of the PWS.

Five (5) RTCs will be used for moving fuels and the rest of three (3) RTCs will be used as buffer cars between the locomotive car and the RTCs carrying fuels IAW the Korean Railways and Transport Safety Enforcement Regulation.

ESTIMATED

FFP

Cleaning Tank Each = One RTC (14,000 gallons)

ESTIMATED

FFP

Demurrage and Cancellation Charge (At the time of requirement the charges will be determined between the Contractor and the KORAIL based on the KORAIL's current published price IAW Paragraph 5.10 of the PWS). This CLIN unit price will be "NOT SEPARATELY PRICED (NSP)".

NET AMT

FFP

IAW Paragraph 7 of the PWS, Contractor Manpower Report (CMR) must be reported by 31 October of each calendar year during the life of the contract.

NOTE: Not to exceed 20 man hours for data collection and report.

UIC: SJ0605, Organization: Defense Logistics Agency (DLA) Energy-Korea, Unit #15015, APO AP 96218-5015

NET AMT

FFP

IAW Paragraph 8.1 of the PWS, Contract Data Requirement List (CDRL), the contractor shall provide documents in contractor format subject to

NET AMT

FFP

NET AMT

FFP

Rail Tank Cars (RTCs) Bulk Fuel (JP8) Delivery Services from Camp Humphreys, Suwon AB, Ulsan, Gwangju AB as a primary pick-up point to

ESTIMATED

FFP

Rail Tank Cars (RTCs) Bulk Fuel (JP8) Delivery Services from Daegu AB, Ulsan, Kunsan AB, Camp Humphreys, Suwon AB, Yechon DFSP and Gwangju AB as a primary pick-up point to between 151 KM and 300 KM of USFK Wide in accordance with the PWS.

ESTIMATED

FFP

Rail Tank Cars (RTCs) Bulk Fuel (JP8) Delivery Services from Daegu AB, Ulsan, and Gwangju AB as a primary pick-up point to beyond 300 KM of

ESTIMATED

FFP

Additional cost (when five (5) RTCs are not required per shipment.)

IAW Paragraph 5.6 of the PWS.

Five (5) RTCs will be used for moving fuels and the rest of three (3) RTCs will be used as buffer cars between the locomotive car and the RTCs carrying fuels IAW the Korean Railways and Transport Safety Enforcement Regulation.

ESTIMATED

FFP

Cleaning Tank Each = One RTC (14,000 gallons)

ESTIMATED

FFP

Demurrage and Cancellation Charge (At the time of requirement the charges will be determined between the Contractor and the KORAIL based on the KORAIL's current published price IAW Paragraph 5.10 of the PWS). This CLIN unit price will be "NOT SEPARATELY PRICED (NSP)".

NET AMT

FFP

IAW Paragraph 7 of the PWS, Contractor Manpower Report (CMR) must be reported by 31 October of each calendar year during the life of the contract.

NOTE: Not to exceed 20 man hours for data collection and report.

UIC: SJ0605, Organization: Defense Logistics Agency (DLA) Energy-Korea, Unit #15015, APO AP 96218-5015

NET AMT

FFP

IAW Paragraph 8.1 of the PWS, Contract Data Requirement List (CDRL), the contractor shall provide documents in contractor format subject to

NET AMT

FFP

NET AMT

PWS

PERFORMANCE WORK STATEMENT (PWS)

RAIL TANK CAR (RTC) BULK PETROLEUM DISTRIBUTION SERVICE-USFK Wide

1. GENERAL: This is a non-personal services contract to provide bulk fuel distribution via rail tank car throughout the Korean Peninsula. The Contractors shall support and maintain rail tank cars, training, alternate resupply, capabilities, and expertise in accordance with this contract, applicable Republic of Korea (ROK) and provincial law, applicable U.S. laws, rules, regulations, policy, and procedure. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform bulk fuel distribution via rail tank car throughout the Korean Peninsula as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2. Background: Rail Tank Car distribution of bulk petroleum fuels has been a mission of Defense Logistics Agency (DLA) Energy Korea for many years. This transportation service provides a commercial transportation company to deliver and recover fuel anywhere on the Korea Peninsula.

1.3. Objectives: Contract to be awarded is for the purpose of rail tank car fuel distribution throughout the South Korean peninsula. This will provide a means for transportation of US Government owned fuel and subsequent distribution in the Republic of Korea from one loading point to a destination point based on an estimated delivery schedule as listed in the respective Contract Line Item Number (CLIN). Loading and destination points will be in designated U.S. military installations, ROK military installations or at DLA Energy Korea contract fuel locations.

1.4. Scope: The Contractor shall furnish all labor, equipment, and rail tank cars necessary for transporting and handling of US Government-owned petroleum fuel products to various USFK-wide area locations in accordance with contract terms and conditions, applicable ROK and provincial law, and applicable US laws, rules, regulations, policy, and procedure. DLA Energy Korea will place Task Orders through 411th Contracting Support Brigade (CSB), Korea.

1.4.1. Period of Performance:

1.5. Quality Control (QC) & Safety Plan: The contractor shall perform all services in a safe, prudent and professional manner, accepting full and sole responsibility for the prompt and proper delivery of services. The contractor shall develop Quality Control & Safety Plan acceptable to the Government for monitoring overall contract performance. The plan shall follow established commercial quality control standards recognized by the transportation industry. It is the contractor’s responsibility to protect U.S. Government fuel and equipment from any damage resulting in off-specification status, contamination, or loss. Rail tank cars must be maintained, kept clean and mechanically safe for operation, and guarantee no contamination to U.S. Government fuels. In the case of off specification product, contamination, or loss due to negligence the contractor shall reimburse the U.S. Government. The plan shall include procedures for the following operations: Loading/ Offloading, Spill/ Emergency, Reports and Corrective action. The contractor shall submit the finalized QC & Safety Plan to the KO and COR for review and acceptance within ten (10) working days after the contract is awarded. Additionally, changes to the QC & Safety plan shall be submitted to the KO and COR within five (5) working days when changes are made thereafter.

1.5.1. The contractor shall keep records of inspections and make them available to the Government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract. The contractor shall collect data, perform self-evaluation, and document performance against standards associated with each specific requirement.

The contractor shall address all tasks in the PWS based on the example below.

What level of performance is required to meet the Performance Objective or Task?

Acceptable Quality Level (AQL) or Performance Threshold

WHAT/DATA SOURCE

What is the Contractor going to inspect?

CALCULATION

How will The Contractor determine if the AQL and Standards are being achieved?

1.5.2. Safety Program: The contractor shall insure that safety precautions are taken during the performance of this contract to protect the lives of contractor personnel, the property of the U.S. Government, the Republic of Korea, as well as the private individuals and firms who may be exposed to or endangered by the contractor’s actions to maintain minimal accidents/incident, zero loss of life and minimal damage to property. Safety is the highest priority entrusted to the contractor under this contract. The contractor shall perform all services in a safe, prudent and professional manner accepting full and sole responsibility for the prompt and proper delivery of services. Upon Government request, the Contractor shall provide a copy of its written safety plan and policies for inspection and acceptance. The contractor shall provide a written safety plan with policies, procedures and safety checklist within 10 working days after contract award. The program shall comply with the Korean Occupational Safety and Health Act (KOSHA). The Contractor agrees to comply with its written program for the life of the contract. Any changes or modification to its safety program will be coordinated and reviewed by the COR, or his/her duly authorized representative.

1.5.2.1. Risk Management Process. The safety plan shall include detailed job related hazards and controls for each work activity. The plan shall include an Activity Hazard Analysis (AHA) for each work activity. The AHA shall include at a minimum the name of the activity/job, the job steps, the job hazards, the tools or equipment required to perform the job, control measures to eliminate or reduce the hazard(s), and a Risk Assessment Code (RIK) (a RIK is an assessment of the probability of the hazard occurring and its potential impact). The contractor shall assure that the safety control measures are implemented. The contractor may use the sample AHA forms in http://www.usace.army.mil/SafetyandOccupationalHealth/ActivityHazardAnalysis.aspx or develop their own.

1.5.2.2. Accident investigations, reports, and logs: The safety plan shall include a copy of the contractor’s accident investigation reporting format, and logs. Report all accidents as soon as possible but not more than 4 hours after accident occurrence to the Contracting Officer/Representative (KO/COR). The contractor shall thoroughly investigate the accident and submit the findings of the investigation along with appropriate corrective actions to the KO/COR in the accident investigation reporting format as soon as possible but no later than five (5) working days following the accident. Implement corrective actions as soon as reasonably possible. The accident investigation reporting format shall include at a minimum:

1. Contract number and contract name/description.

1. Name of contractor

1. Date/time of accident

1. Date report was completed

1. Detail description of events that lead to the accident

1. Root cause of accident

1. Contributing factors

1. Corrective action(s) to prevent recurrence

1.5.2.3. The following require immediate accident notification and written accident report:

(1) A fatality;

(2) A permanent disability;

(3) The hospitalization of one or more people resulting from a single occurrence;

(4) Property damage of $200 or more.

1.6. Quality Assurance: The government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s) per month.

1.7. Contracting Officer Representative (COR): The (COR) will be appointed by separate letter by the contracting officer. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the contractor concerning technical aspects of the contract, notify both the Contracting Officer and contractor of any deficiencies, coordinate availability of government furnished property, and provide site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.8. Key Personnel: The Contractor shall provide the name of Contract Manager (CM) who shall be responsible for the performance of the service. The name of this person and an alternate who shall act for the Contractor when the Contract Manager is absent shall be designated in writing to the KO/COR at the post award conference. The CM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The CM shall be on site between 8:00 a.m. to 17:00 pm, Monday thru Friday except US Federal holidays and Korean Holidays or when the Government facility is closed for administrative reasons.

1.9. Environmental Protection and Regulatory Requirements:

1.9.1. The Contractor shall ensure strict compliance with all latest version of US Federal and ROK local environmental laws and regulations including the Environmental Governing Standards in USFK Reg. 201-1, and the Korean Environmental Governing Standards. The Contractor shall ensure all appropriate environmental permits have been obtained and made available to the government for inspection upon request.

1.9.2. Notification of Environmental Spills. The Contractor shall immediately report any spills or leaks of petroleum fuels while in the execution of this contract to DLA Energy Korea, Logistics Division, the KO and the COR. If the Contractor spills or releases any substance contained in 40 Code of Federal Regulations (CFR) Part. 302 into the environment, the Contractor shall immediately report the incident to the COR. The liability for the spill or release of such substances rests solely with the Contractor. If the spill is on US Government Property, DLA Energy Korea will notify spill response teams and follow DLA Policies and Procedures. Direct coordination with the Contractor and DLA Logistics Division is required within two (2) hours of the spill or incident.

1.10. Clearance, Licensing and Insurance: All contractor personnel shall obtain base entry passes for issuing fuel at U.S. Military Installations. Contractor shall ensure all contractor operated vehicles and rail tank cars are insured with a ROK accredited insurance company and shall submit proof of insurance upon Government request.

1.11. Contractor’s Qualification Requirement.

1.11.1. Special Expertise. The prime contractor shall have a minimum of two (2) years of experience, within the last ten (10) years, in the rail service in U.S. military bases or ROK military bases, or local commercial market place. The experience of a subcontractor cannot be substituted for the prime contractor’s experience.

1.11.2. The prime contractor shall possess the following permission to be qualified to perform the Rail Tank Car bulk fuel delivery services.

Cargo Vehicle Transportation Forwarder Business Permission Certificate (화물 자동차 운송주선사업 허가증)

1.11.3. The contractor shall not use subcontractors without prior written coordination with the KO. The contractor shall ensure that the subcontractors meet the standards required by this contract to perform the service. The prime contractor is responsible for the performance of the subcontractors.

Note: The contractor must demonstrate a legal binding relationship with any entity subcontracted to perform under this contract. The contractor is required to submit the Sub-Contract Agreement.

1.11.4. Contract Manager (CM):

(a) Qualification: The Contract Manager shall have a minimum of two (2) years of specialized supervisory experience within the last ten (10) years, in the fuel delivery services to U.S. military bases or ROK military bases or local commercial market.

(b) Responsibility: The Contract Manager shall be responsible for all services performed under this contract.

The CM shall conduct overall management coordination and shall be the central point of contract with the all related parties (U.S. military, ROK military, KORAIL and the other contractors) for performance of all work under the contract. If the CM is absent, an alternate must be designated and available to perform the CM duties. The Contracting Officer or COR shall be able to contact the CM at any time during the work week, regarding emergencies, severe weather notification, or other similar urgent non-routine matters, e.g. bad railroad condition. The CM shall be immediately available to go to the scene of a major accident or other emergency. When the Contractor is requested by the COR to provide a report for all services performed, a report shall be furnished to the COR within two (2) working days. The report shall include identifying information, general observations and conclusions or recommended actions, and any additional information in English and Korean. The report format will be approved by the COR.

1.11.5. Safety is the highest priority entrusted to the contractor under this contract. The Contractor shall perform all services in a safe, prudent and professional manner accepting full and sole responsibility for the prompt and proper delivery of services. Upon Government request, the Contractor shall provide a copy of its written safety plan and policies for inspection and acceptance.

1.11.6. The contractor shall have and maintain through the complete performance period(s) of the awarded contract, all licensing and certification(s) required by local and Korean Law for the types of services for which the contract will be awarded.

1.11.7. Antiterrorism (AT) and Operations Security (OPSEC)

1.11.7.1. AT Level I Training: This provision/contract text is for contractor employees with an area of performance within an Air Force controlled installation, facility, or area. All contractor employees, to include subcontractor employees, requiring access to Air Force installations, facilities, and controlled access areas shall complete AT Level I awareness training within 50 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR within 20 calendar days after completion of training by all employees and subcontractor personnel.

1.11.7.2. AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language text required US based contractor employees and associated sub-contractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13. Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact.

1.11.7.3. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 5 calendar days of new employees commencing performance with the results reported to the COR NLT 50 calendar days after contract award.

1.11.7.4. For Contracts that Require an OPSEC Standing Operating Procedure/Plan. The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor will ensure this individual becomes OPSEC Level II certified per AR 530-1.

1.11.7.5. For Contracts that Require OPSEC Training. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training.

1.11.7.6. For Contract Requiring Performance or Delivery in a Foreign Country, DFARS Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non-contingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor’s compliance with combatant commander and subordinate task force commander policies and directives.

2. DEFINITIONS AND ACRONYMS:

2.1. Definitions:

2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide advice to the Contractor as long as that advice is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.7. QUALITY ASSURANCE (QA). The government procedures to verify that services being performed by the Contractors are performed according to acceptable standards.

2.1.8. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.9. QUALITY CONTROL (QC). All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.10. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privities of contract with the subcontractor.

2.1.11. WORK DAY. The number of hours per day. The Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2. Acronyms:

3. GOVERNMENT FURNISHED ITEMS: US Government will provide Rail Tank Car valve adapters and seals to secure open inlet and outlet compartments for rail tank cars hauling fuel off from a loading point to a destination point as required by DLA Energy Korea. The COR will be the point of contact and when the contract is awarded will provide the valve adapters to the contractor. Seals and DD Form 1348-7 will be provided by the fuel operators at the time of fuel loading. The contractor shall be responsible for providing maintenance of Rail Tank Car Valve adapters. DD Form 1348-7s (See PWS, Paragraph 8.3. Attachment 3) will also be provided by the U.S. Government.

4. CONTRACTOR FURNISHED ITEMS: The Contractor will provide at least eight (8) Rail Tank Cars (including three empty cars) and connection components (such as gaskets, flanges and screws etc.) between rail tank cars and RTC valve adapters.

5. SPECIFIC TASKS:

5.1. The Contractor shall furnish RTCs, all manpower, supervision, labor, equipment, tools and supplies, except Government Furnished Items, to perform the U.S. Government owned bulk fuel delivery services to designated locations on the Korean Peninsula listed in the CLIN schedule.

5.2. The Contractor shall coordinate with Korea Railroad Corporation (KORAIL), Korea Rail Network Authority (KR), Transportation Movement Office (TMO) and the activities of loading and unloading to perform the bulk fuel deliveries as required.

5.3. The Contractor shall be responsible for the loading and unloading of the bulk fuel at the pick-up and delivery destinations. The Contractor shall take all necessary safety precautions to safely load and off-load bulk fuel. Seal rings and attachment points must be welded or permanently installed to preclude the possibility of disengaging the seal from the sealing points without breaking the seal. The contractor shall ensure all compartments and possible access points are sealed prior to departure from the loading Defense Fuel Support Point (DFSP) and remain sealed until removed by U.S. Government representatives at the delivery destination.

5.4. The contractor shall deliver bulk fuel to the designated delivery place(s) and date(s) according to the delivery schedule. The COR will schedule the deliveries by contacting the CM by e-mail or telephone. The COR will provide the monthly delivery schedule in writing to the CM with the customer’s name & telephone number, type of product(s), quantities, delivery date(s) and loading/ delivery location(s) (NLT ten (10) working days prior to the performance). The contractor shall successfully integrate and coordinate all related parties needed to execute the required deliveries. The contractor shall be responsible for the receipt of the confirmed schedule. The rail tank cars shall be designed to transport bulk liquid fuels approx. 14,000 gallons for one (1) RTC. The Contractor shall prepare the proper quantity of RTCs according to the routine and surge fuel delivery requirements. The estimated maximum delivery amount a year is 12,600,000 gallons and estimated minimum delivery amount a year is 1,260,000 gallons. Recurring delivery amounts shipped are variable from any designated point to another throughout the contract period. Amounts shipped can be for removal or delivery of US Government fuel products.

5.5 The Contractor shall have the capability to transport bulk fuel in cases of emergency during non-duty hours, weekends, US Federal holidays or ROK holidays with ten (10) working days advance notification of the emergency requirements from the COR. The Contractor is hereby notified that there is a potential impact on contractor performance during increased Force Protection Condition (FPCON). During FPCON Delta, services may be discontinued / postponed due to higher threat. Services will resume when FPCON level is reduced to level Charlie or lower.

5.6. The Contractor shall provide the required rail tank car assets to successfully perform the contractual requirements identified herein. If one shipment requires less than 70,000 gallons (five RTCs), an additional charge will be applied against the KORAIL’s published lowest freight charge. Five (5) RTCs will be used for moving fuels and the rest of three (3) RTCs will be used as buffer cars between the locomotive car and the RTCs carrying fuels IAW the Korean Railways and Transport Safety Enforcement Regulation. The rail tank cars will be initially inspected and accepted by DLA Energy Korea Quality Assurance Representatives (QARs), using rail tank car inspection checklist, prior to use under the contract. After rail tank car cleaning, the assets must be re-inspected, prior to further use. (See Para 5.7 and Para 8.6 Attachment# 5)

5.7. The contractor shall provide rail tank car cleaning to remove sludge, solids, and contaminants in accordance with the latest revised MIL-STD-3004D TABLE XXVI, (Product Conversion Chart) and have the capability to store various (different) types of petroleum products. The contractor shall contact DLA Energy Korea QARs for additional cleaning instructions. (See Para 8.5. Attachment #4)

5.8. Prior to the loading of bulk fuel, a joint inspection shall be conducted to determine that the conveyance is clean, dry, and suitable to load intended product to prevent any fuel contamination or loss. Representatives of the consignee and the contractor shall conduct this inspection. Any rail tank car not suitable to load product will be rejected and turned away. Rejected rail tank cars will not be used until inspected and approved by DLA Energy QARs per PWS. Sampling test of fuel will be performed at the fuel terminal.

5.9. If for any reason the bulk fuel shipment cannot be delivered as required, the Contractor shall immediately contact the DLA Energy Korea Transportation Office or COR.

5.10. U.S. Government will not pay the demurrage and cancellation costs of the RTC deliveries. It will be left to the contractor’s discretion.

5.11. The contractor shall verify that the loading quantity, rail tank car numbers and seal serial numbers are correctly annotated on all issue documents (DD Form 1149 & DD Form 1348-7). When the contractor delivers bulk fuel, the contractor shall transport all issue documents and loading rack metered tickets (if provided) from the loading DFSP to the delivery destinations. The completed issue documents (DD Form 1149 & DD Form 1348-7 with three signatures – Issuer, Deliverer & Receiver) shall be used for payments.

5.12. The contractor shall use the Invoice, Receipt, Acceptance, and Property Transfer (iRAPT) instruction for invoicing purposes. Each invoice will contain copies of all completed issue documents.

5.13. When the contractor is requested by the COR to provide a report for all services performed, the contractor shall furnish the report to the COR within two (2) working days. The report shall include identifying information, general observations and conclusions or recommended actions, and any additional information in English and Korean. The report format will be approved by the COR.

5.14. The contractor shall ensure each employee has a USFK Base ID card and permission Entry Authorization List (EAL) for all bases/installations where they will pick-up or deliver bulk fuel. The COR will assist the contractor in obtaining theses USFK ID cards, USFK Vehicle Registration Decal and EAL. The prime contractor shall be responsible for all passes issued to his/her own or subcontractor’s employees under this contract. If a contractor USFK ID card or USFK Vehicle Registration Decal is lost, stolen or destroyed, the contractor shall immediately report to the COR and the local U.S. military law enforcement desk. The contractor shall return all applicable passes to the USFK Pass Section, upon termination of employment or completion of this contract.

5.15. When corrective actions are not being implemented IAW the accepted corrective action plan, the contractor will be notified in writing and requested to submit a revised corrective action plan within two (2) working days. If the contractor fails to respond within two (2) working days or the resubmitted response is still found to be insufficient, the COR should escalate corrective action request to the KO.

6. PERFORMANCE REQUIREMENTS SUMMARY (PRS)

1. Initially, prior to use under the contract.

2. After Rail Tank Car cleaning.

3. If conveyance is rejected by loading DFSP.

7. CONTRACTOR MANPOWER REPORT (CMR):

The contractor shall report ALL contractor labor hours (including subcontractor labor hours, if approved by KO) required for performance of services provided under this contract for Rail Tank Car (RTC) Bulk Fuel Delivery Services, USFK-Wide. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2017. Contractors may direct questions to the help desk by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website.”

8. TECHNICAL EXHIBIT/ ATTACHMENT LISTs:

8.1. Technical Exhibit – Data Deliverables Schedule

8.2. Attachment #1: HISTORICAL WORKLOAD DATA: Attached separately.

Note to offerors: All Quantities in this solicitation are estimated. Contractor will be paid based on actual quantities. This attachment provides factual data on past requirements.

This is a requirements contract for the services specified, and effective for the period stated, in the Schedule. The quantities of services specified in the CLINS are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' in the CLINs, that fact shall not constitute the basis for an equitable price adjustment.

8.3. Attachment #2: DOD MILSPETS DFSP SHIPMENT AND RECEIPT DOCUMENT - DD Form 1348-7 is attached separately.

8.4. Attachment #3: REQUISITION AND INVOICE/SHIPPING DOCUMENT –DD FORM 1149 is attached separately.

8.5. Attachment #4. MIL-STD-3004D, TABLE XXVI (28 March 2016) is attached separately.

8.6. Attachment #5. DLA ENERGY KOREA RAIL TANK CAR INSPECTION CHECKLIST is attached separately.

DELIVERY INFORMATION

31-DEC-2018

PAK, SON YONG

UNIT #15015

APO AP 96218-5015

UNITED STATES OF AMERICA (THE)

763-2310

SJ0605

31-DEC-2018

SJ0605

31-DEC-2018

SJ0605

31-DEC-2018

SJ0605

31-DEC-2018

SJ0605

31-DEC-2018

SJ0605

31-DEC-2018

SJ0605

31-DEC-2018

SJ0605

31-DEC-2019