Defense Energy Support Center, 8725 John J. Kingman Rd., Suite 4950, Ft Belvoir, VA 22060-6222

91 -- JET A1 SOL SP0600-99-R-0038 DUE 121198 POC Pam Griffith, (703)767-9533; Ray Bone, (703)767-9536; or Mark Santoro (703)767-9558 WEB: Nicaragua PC&S Solicitation page, http://www.desc.dla.mil/main/p/grfuels/nicaragua.htm. E-MAIL: Nicaragua Solicitation SP0600-99-R-0038, pgriffith@desc.dla.mil or msantoro@desc.dla.mil. DESCRIPTION: Jet A-1, JA1, NSN: 9130-00-753-5026, ASTM D 1655 as modified by Clause C16.08-4. Requirement estimate is approximately 90,000 usg (8,000 to 10,000 usg deliveries per week) from mid-Dec 98 through 15 Feb 99 to San Isidro, Nicaragua, with possible extension period up to 6 months. Delivery will be FOB Destination into two 10,000 USG collapsible fuel tanks. NOTE 1: This is a combined synosis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. DESC intends to evaluate offers and award a contract without discussions with offerors. Therefore, offerors' initial offer should contain their best terms from a price and technical standpoint. Those firms interested in submitting an offer on this synopsis/solicitation can request a packet which includes the full text of clauses incorporated by reference. NOTE 2: The Government contemplates award of a Requirements Type, Fixed Price with Economic Price Adjustment contract resulting from this solicitation. Product will escalate / de-escalate cent for cent with the change in the Nicaraguan market price. Offer prices should be based on the market price of $0.5210/usg in effect on 06 Dec 98 and include all applicable taxes, duties and/or fees. NOTE 3: Offerors' written proposals should be submitted in English, in US dollars per gallon and signed by an authorized company official. Proposals should clearly identify the following elements: price, price structure, applicable taxes and respective amounts, and additional offeror terms and conditions. Proposals must be received by 1 PM, local Ft. Belvoir, VA, US time on 11 December 1998. Please submit your offer via fax. Your fax should be addressed to the BID CUSTODIAN / DESC-PCC / RM 3729 / FAX # (703) 767-8506. Please note the solicitation number SP0600-99-R-0038 on the fax. NOTE 4: The following clause is hereby incorporated into this solicitation in full text. I1.20 CLAUSES INCORPORATED BY REFERENCE (JUN 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses: http://www.farsite.hill.af.mil/ or http://www-far.npr.gov/ (FAR 52.252-2) Under the provisions of Clause I1.20 above, the following clauses are hereby incorporated into this solicitation by reference: I. FAR/DFAR CLAUSES: I1.03-1 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (APR 1998) (FAR 52.212-4); I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (OCT 1998)(FAR 52.212-5); I1.05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (OCT 1998)(DFARS 252.212-7001); I28.21 TAXES -- FOREIGN FIXED PRICE CONTRACTS (JAN 1991)(FAR 52.229-6); I33 INTEREST (JUN 1996)(FAR 52.232-17); I84 REQUIREMENTS (OCT 1995) (FAR 52.216-21); I115 CONTRACTOR RESPONSIBILITY FOR RETURNING UNDELIVERED FREIGHT ( APR 1984)(FAR 52.247.16); L2.05 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (AUG 1998); K1.01-9 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (OCT 1998) (FAR 52.212-3) (DEVIATION) (ALT I) *Offerors are requested to include a completed copy of K1.01-9 with their proposal. II. DESC CLAUSES: B19.37.100 ECONOMIC PRICE ADJUSTMENT -- MARKET PRICE (DESC DEC 1998); C16.08-4 TURBINE FUEL, AVIATION (JET A/A1/A50/B)(DESC SEP 1998); F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (PC&S/COAL)(DESC APR 1998); G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENT -- CORPORATE TRADE EXCHANGE (DESC OCT 1997); G18 ACCOUNTING AND APPROPRIATION (DESC FEB 1968); I11.01 ADMINISTRATIVE COST OF DEFAULT (DESC APR 1997); I190.04 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DESC MAR 1996); I209.09 EXTENSION PROVISIONS (PC&S) (DESC OCT 1994); K45 FACSIMILE INVOICING (DESC SEP 1988); L5.01 AGENCY PROTESTS (DESC AUG 1997) -- DLAD; L54 SITE VISIT (DESCOCT 1992). III. Additional Terms and Conditions: In addition to the terms and conditions noted above and in the clauses incorporated by reference, the following terms and conditions shall be included in any resultant contract. 1. DELIVERIES. All deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified. 2. QUANTITY DETERMINATION. At the Government's option, quantity may be determined at the receiving activity on the basis of (a) Weight, using calibrated scales; or (b) A calibrated meter on the receiving tank system. If the Government does not elect to use one of the methods in (a) or (b) above, the quantity shall be determined (at the Contractor's option) on the basis of -- (a) Calibrated meter; (b) Certified capacity tables. The tables must be made available at the time of delivery; (c) Certified tank calibration markers. Certified tank calibration markers will not be accepted unless the conveyance is full to the marker and the entire quantity is delivered; or (d) The net quantity determined at the loading point by a calibrated loading rack meter or calibrated scales. This quantity must be mechanically imprinted on the loading rack meter ticket that is generated by the loading rack meter or calibrated scales. If this method is used, the Government reserves the right to redetermine the quantity received at time of delivery by gauging the receiving tank before and after delivery. 3. WATER BOTTOMS. (a) Every delivery must be free of all water bottoms prior to discharge; and (b) The Contractor is responsible for their removal and disposal. 4. VOLUME CORRECTION. Volume correction to gallonsat 60 degrees Fahrenheit (or liters at 15 degrees Celsius) is required for all volumes of fuels and fuel oil measured in tank trucks, trucks and trailers and tank wagons which are in excess of 3,500 gallons. 5. MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS). Outside the US, other technically equivalent national or international standards may be used. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor. (1) Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Celsius to barrels of 60 degrees Fahrenheit. Convert liters at 15 degrees Celsius to cubic meters at 15 degrees Celsius by dividing by 1,000. Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42. Should foreign law restrict conversion by this method, the method required by law shall be used. (2) If the original measurement is by weight and quantity is required in US gallons, then Volume XII, Table 58, shall be used to convert metric tons to US gallons at 60 degrees Fahrenheit. (3) API MPMS, Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent. 6. VARIATION IN QUANTITY. A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified. The permissible variation shall be limited to a 10 percent increase/decrease. This increase or decrease shall apply to each delivery order. 7. INVOICING AND PAYMENT. (A) Overbillings -- (a) That are less than or equal to 0.5 percent of the quantity listed on the receiving document will be paid as originally invoiced by the Contractor when the overbilled quantity is solely a result of a difference in measurement techniques. (b) That exceed 0.5 percent of the quantity listed on the receiving document will be paid based on the corrected quantity as determined by the activity and annotated on the activity's receiving document . (B) Underbillings will be paid as invoiced. (C) Notwithstanding any permissible variation percentage, payment is authorized for a percentage not to exceed 120 percent of the ordered quantity. Payment shall be made for quantity within this allowable variation listed on the receiving document as received and accepted by the activity and invoiced by the Contractor. (D) DFAS-Columbus will be the payment for any contract resulting from this synopis/solicitation. 8. INSPECTION. In addition to the inspection and acceptance procedures contained in commercial clause I1.03-1, the following inspection procedures apply. Before trucks are released, the basis analysis on the trucks needs to be approved by the in-country QAR. Delivery requires the use of a dedicated truck, to include dedicated discharge hoses. The QAR will witness the delivery from time of loading to time of discharge. Posted 12/08/98 (W-SN278173). (0342)

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