1.2C Solicitation Provisions Clauses.pdf

INSTRUCTIONS TO OFFERORS

(PLEASE READ THE FOLLOWING CAREFULLY)

1. Only one CAGE code may be listed on an OSP. Offerors with more than one CAGE code MUST complete a separate OSP and Offer Price Breakdown Sheet for each company’s CAGE Code for every location that is offered on. DLA Energy will not accept an OSP with multiple CAGE Codes.

2. Pursuant to FAR 52.212-1(g), the Government has reserved the right to make award without discussions. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. All Offer Submission Packages must be factual, accurate, and complete. Failure to provide all information and documents required under the solicitation may render a proposal technically unacceptable and preclude further.

NOTE:

X Standard Form 1449 (SF1449) - Sign and date in ink or digitally in Blocks 30a, b and c. Include your company name, address, telephone, and fax, DUNS and CAGE numbers in Block 17a.

X Offer Price Breakdown Sheet must be expressed in U.S. Dollars per gallon and to the 6th decimal (Example: $0.000000) place for the Product being solicited. (Jet A-1 without FSII, Jet A-1 with FSII, Jet Petroleum 8.)

3. Offerors MUST update and complete registration in the System for Award Management (SAM) database by the solicitation closing date. The Website to obtain details and instructions is: https://sam.gov/SAM/

4. Evaluation Criteria: Proposals will be evaluated pursuant to FAR 52.212-2 – Evaluation – Commercial Items. Proposals will be evaluated based on a lowest price technically acceptable (LPTA) source selection process. The Contracting Officer will evaluate proposals in accordance with the FAR 15.101-2 Lowest Price Technically Acceptable source selection process. DLA Energy will make award(s) to the technically acceptable proposal with the lowest evaluated price for the requirements as solicited for the particular airport. In order to be considered for award, an Offeror must meet or exceed technical acceptability standards. Offers will be evaluated and contracts awarded by airport location. An offer for an airport location will be evaluated independently from all other airport locations for a contract award. An Offeror who fails to offer on all products solicited at an airport location in Section B for an airport location will be ineligible for award for that location.

5. In addition to meeting the technical acceptability requirements above, an Offeror must be determined responsible in accordance with FAR subpart 9.1. The government may conduct a pre-award survey as part of making a determination as to an Offeror’s responsibility.

6. Offerors must provide a Supplier Invoice with the Price Paid for fuel or government posting per location effective on the BASE REFERENCE DATE of 1 February 2022. (Invoice Date: 1 January 2022– 31 January 2022)

7. Offerors shall submit a Certificate of Analysis (COA) or Certificate of Quality (COQ) from each Supplier verifying that the fuel delivered meets MIL STD 1548H WITH CHANGE 1 standards. Offeror(s) must annotate each item number/ICAO code on the COAs and COQs. Offerors who are not the Refueler or Fixed- Based Operator are also required to submit a Commitment Letter from the FBO with its initial proposal. The Offeror must be able to demonstrate that the Offeror has secured arrangements that will enable it to support orders for the product specified, in accordance with the requirement schedule, and consistent with the delivery requirements and all other terms and conditions in the solicitation. Such commitment letters should be submitted with the Offeror’s initial proposal. COA and COQ must be in English. Reference sample Commitment Letter in the attachments. If the Offeror fails to submit a Certificate of Analysis or Certificate of Quality and Commitment Letter from the Fixed-Based Operator (FBO) with its proposal, the offer will be considered nonresponsive and eliminated from the competition.

8. All proposals must be received before 1:00 p.m. Eastern Standard Time (EST),January 6, 2023. Any proposals received after 1:00 p.m. EST January 6, 2023 will be considered “late.” Offerors assume all risk for any delay in the transmission of their proposals. Refer to FAR 52.212-2(f). Faxed proposals are not authorized. Please e-mail your proposal to:DLA- Energy-PH.Requirements@dla.mil. Please ensure that your proposal (SF1449) is signed per FAR 52.212-1. Late proposals will be processed in accordance with FAR 15.208 – Submission, Modification, Revision, and Withdrawal of Proposals.

When submitting a proposal via e-mail, please ensure it is sent within enough time in order for it to be processed through the server. The maximum file size per email is 10 MB (IAW L2.11-4).

mailto:DLA-Energy-PH.Requirements@dla.mil

9. Exceptions to the specifications, terms, and conditions of this solicitation may be pursuant to the Provision M0003 – M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997). Indicate any exceptions and the extent to which your offer differs from the solicitation requirements on company letter signed by an authorized representative of the company attached with your offer.

10. Offerors must agree to honor prices their proposal for 180 calendar days from the date of RFP closing date. The successful Offeror’s proposal in response to the solicitation may be incorporated into the resultant contract in whole or in part at the time of award.

11. If your offer includes taxes, please be aware your offer may not be considered for an award. Offerors shall not include in their prices any taxes for which the United States, United States Armed Forces, or United States Department of Defense is exempt. The winning offerors will be responsible for taking the appropriate steps to claim any such exemption.

12. The Platts publication is the only price escalator publication for this solicitation. DLA Energy will not grant exemptions to use any other published price escalator. All Offerors shall use the Platts publication escalators listed in the line item descriptions under section B of the Schedule of Supplies attachment.

13. Offerors must fully disclose and identify all contractor team arrangement relationships including proposed partnerships or joint ventures as defined by FAR 9.601 with its proposal before the solicitation close date. For example, Offerors should fully disclose and identify that a teaming arrangement with a third party Refueler at a fixed-based operator exists, and whether it is a Partnership, Joint Venture and/or Prime/Sub relationship. Offerors with such a contractor team arrangement shall specify the arrangement in the commitment letter. The Government will determine the responsibility of any potential partner/subcontractor identified by the Offeror in its contractor teaming arrangement in accordance with FAR subpart 9.1.

14. Primary Solicitation Point of Contact: For clarification, explanation, and additional information, please contact Jamika Forde at 571-767-6959; email: jamika.forde@dla.mil or Lonnie Ferrell at 571-585-1821; email Lonnie.ferrell@dla.mi mailto:jamika.forde@dla.mil mailto:;%20email

THE FOLLOWING CLAUSES ARE INCLUDED IN FULL TEXT FOUND IN THIS SOLICITATION:

CLAUSE

NUMBER

TABLE OF CONTENTS PAGE

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B-0001 B15.01 SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (INTO- PLANE)

(DLA ENERGY DEC 2018)

B-0002 B19.38 ECONOMIC PRICE ADJUSTMENT (OVERSEAS INTO-PLANE) (DLA ENERGY

DEC 2018)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C-0001 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY DEC 2016)

C-0002 C2 SPECIFICATIONS (INTO-PLANE) (DLA ENERGY MAR 2019)

C-0003 C16.08-3 TURBINE FUEL, AVIATION (JET A) (INTOPLANE) (DLA ENERGY AUG 2018)

C-0004 C16.64-4 TURBINE FUEL, AVIATION (IP8) (INTO-PLANE) (DLA ENERGY OCT 2018)

SECTION E: INSPECTION AND ACCEPTANCE

FAR

52.246-2

INSPECTION OF SUPPLIES – FIXED-PRICE (AUG 1996)

E-0001 E12 POINT OF ACCEPTANCE (JUL 2015)

E-0002 E17 CONTRACTOR INSPECTION RESPONSIBILITIES (INTO-PLANE) (DLA ENERGY SEP

2014)

E-0003 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY AUG 2020)

E-0004 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

SECTION F: DELIVERIES OR PERFORMANCE

F-0001 F56.01 DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) (DLA ENERGY JUNE

2013)

SECTION G: CONTRACT ADMINISTRATION DATA

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

G-0002 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE

TRANSFER SYSTEM (DLA ENERGY JAN 2012)

SECTION I: CONTRACT CLAUSES

FAR 52.203-3 GRATUITIES (APR 1984)

38FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES (OCT 2020)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (NOV 2021)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)

FAR 52.216-21 REQUIREMENTS (OCT 1995)

FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB

2021)

FAR 52.229-6 TAXES -FOREIGN FIXED PRICE CONTRACTS

FAR 52.232-17 INTEREST (MAY 2014)

FAR 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

FAR 52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC

FUNDS TRANSFER INFORMATION (JUL 2013)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (NOV 2021)

FAR 52.233-1 DISPUTES (MAY 2014)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

FAR 52.242-13 BANKRUPTCY (JUL 1995)

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011)

DFARS 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-

CONTRACT-RELATED FELONIES (DEC 2008)

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWERS RIGHTS (SEPT 2013)

DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)

DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2019)

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016)

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)

DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM

(MAY 2019)

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)

DFARS 252.225-7048 EXPORT-CONTROLLED ITEMS (JUNE 2013)

DFARS 252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY. (DEVIATION 2020- O0022)

DEV (AUG 2020)

DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (APR 2019)

DFARS 252.229-7000 252.229-7000 Reserved

DFARS 252.229-7007 VERIFICATION OF UNITED STATES RECEIPT OF GOODS (JUN 1997)

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUEST AND RECEIVING REPORTS

(DEC 2018)

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS

(DOD CONTRACTS) (OCT 2020)

DFARS 252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE AND EQUIPMENT FOR

MILITARY OPERATION (OCT 2010)

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (FEB 2019)

DFARS 252.247-7024 252.247-7024 RESERVED

DLAD5452.233- 9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2020)

I-0001 I1.01 DEFINITIONS (DLA ENERGY JUN 2009)

I-0002 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL

ITEMS (DLA ENERGY FEB 1996)

I-0003 I128.01 SUBSTANTIATION OF LOCAL TAXES FOR

INTRASTATE/INTRACOUNTRY FLIGHTS (DLA ENERGY APR 1987)

I-0004 I151 AIRPORT FEES AND/OR CHARGES (DLA ENERGY AUG 1998)

I-0005 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

I-0006 I211.04 ORDERING (INTO-PLANE) (DLA ENERGY FEB 2009)

SECTION J: LIST OF ATTACHMENTS

STATES/LOCATION LISTING OF SOLICITED ITEMS (Schedule)

OFFERORS’ SUBMISSION PACKAGE (OSP)

MILITARY STANDARD (1548H-H) w/CHANGE 1

PROVISIONS CLAUSES

LETTER OF COMMITMENT (SAMPLE TEMPLATE)

SECTION K: REPRESENTATION AND CERTIFICATIONS

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS—REPRESENTATION (JAN 2017)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION (NOV 2015)

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR

A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

FAR 52.212-3 &

ALT I

OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS (JAN 2021)

& ALT I (OCT 2014)

FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (OCT 2020)

FAR 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES

OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS

(JUN 2020)

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

DFARS 252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010)

DFARS 252.225-7050 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A COUNTRY

THAT IS A STATE SPONSOR OF TERRORISM (DEC 2018)

DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME.

(DEVIATION 2020-O0005) (FEB 2020)

DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (JUN 2019)

K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)

K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

K-0003 K150 WIDE AREA WORKFLOW SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY

MAY 2014)

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUN 2020)

FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

FAR 52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION (JAN 2017)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(OCT 2016)

DFARS 252.215-7008 ONLY ONE OFFER (JUL 2019)

DLAD L06 AGENCY PROTESTS (DEC 2016)

DLAD L09 REVERSE AUCTION (OCT 2016)

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)

L-0002 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

L-0003 L69.01 ABBREVIATIONS (INTO-PLANE) (DLA ENERGY MAY 2009)

SECTION M: EVALUATION FACTORS FOR AWARD

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

M-0001 M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

M-0002 M57 UNIT PRICES/ALTERNATE PRODUCTS/EVALUATION/AWARD (INTO- PLANE) (DLA

ENERGY JAN 2012)

M-0003 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B-0001 B15.01 SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (INTO-PLANE)

(DLA ENERGY DEC 2018)

(a) (1) The contract quantities shown below are best estimates only of the Government's requirements for the contract period. With respect to the products and/or services awarded at each individual airport location, the Contractor is obligated to deliver Into-Plane the supplies and perform the services required at such location, and the Government is obligated to order, accept, and pay for such supplies and/or services required at such location even though the quantities actually required during the contract period may be greater or less than the estimated quantities, except as provided for in the DELIVERY-ORDER LIMITATIONS contract provision.

(2) The estimated quantities shown in the Schedule do not include quantities that may be required by the Government for military exercises that are conducted at the specific airport location. The Government reserves the right to support military/federal exercises by using Government-furnished fuel, equipment, and personnel.

(3) In addition, if a Government facility is located at the airport, the Government shall only order from the Contractor the Government's fuel requirements that are in excess of its in-house capabilities. In such instances, the estimated quantities specified in the Schedule are estimates of requirements in excess of the quantities that the Government may itself furnish within its own capabilities.

(b) REQUIREMENTS. This is a requirements contract for the supplies or services specified and effective for the period stated in the ORDERING (INTO-PLANE) contract provision.

(1) The quantities of supplies or services specified in the Schedule are best 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 DLA Energy described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(2) Delivery or performance shall be made only as authorized by orders issued in accordance with the ordering provisions herein. Subject to any limitations in the order limitations provisions herein or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the ordering provisions. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. However, the total quantity ordered and required to be delivered by the specified method of delivery during the ordering period may be greater than or less than these total estimated quantities.

(3) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(4) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; PROVIDED, that the Contractor shall not be required to make any deliveries under this contract after the end of the stated delivery period.

(c) Unless otherwise specified in the Schedule or the Notes/Exceptions, the Contractor shall perform all fuel deliveries called for under the contract using its established facility for the airport (ICAO) specifically solicited.

Offerors must have authorization from the appropriate airport authorities for access to the airport property where the refueling will be performed. Delivery shall encompass all delivery methods available at the airport (hydrant, truck, etc.). Exceptions to this must be stated prior to award.

(d) Prices indicated hereunder are subject to the ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (DOMESTIC INTO-PLANE) contract provision for the contract period.

(e) For Electronic Point of Sale (POS) information, refer to the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) contract provision.

(f) Any prime contractor using another source as a Refueler MUST submit a Commitment Letter from that Fixed Base Operator (FBO) indicating their support as the prime contractor’s refueling operator.

I. SCHEDULE

AIRPORT LOCATION IDENTIFIER: AIRPORT LOCATION:

PRODUCT GRADE IN ORDER OF

PREFERENCE (IF ALTERNATE EST QUANTITY

PRODUCT IS OFFERED, REFER TO (GALLONS) UNIT PRICE

SUBITEM NO. M57 AND MIL-STD-1548H) (if applicable) PER GALLON

II. REFUELING OPERATOR INFORMATION. NOTE: If using other than the prime contractor as a Refueler, see paragraph (g).

A. NAME ADDRESS TELEPHONE NUMBER

B. SOURCE OF PRODUCTS OFFERED:

NAME ADDRESS

C. CONTRACTOR REPRESENTATIVE OR AGENT. (Full name, address, and phone number if different from

II.A.)

III. HOURS DURING WHICH SUPPLIES/SERVICES WILL BE AVAILABLE: (See the GENERAL DELIVERYCONDITIONS paragraph of the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) contract provision.)

[ ] 24 hours per day, 7 days per week (preferred)

OR

[ ] Other (Specify hours/call-out capability, and phone number for call-outs):

Hours of operation:

Phone/Pager/Cellular Number (please identify):

Answering service and contact number:

Is advance notice required for after-hours delivery? [ ] Yes [ ] No If yes, how far in advance (days, hours, minutes, etc.)?

Will there be a Call-Out Fee for after-hours delivery? [ ] Yes* [ ] No

*If yes, specify the amount and how charged (by occurrence or by hour). Occurrence is defined as a dispatch to refuel, regardless of number of aircraft serviced).

$ [ ] per occurrence OR [ ] per hour

NOTE: Call-Out Fees and hours are not evaluated items; however, in the event that 24-hour service is not available and the Government was unable to provide advance notification of after-hour delivery requirements, into-plane fuel may be procured from another source.

IV. AIRPORT FEES AND/OR CHARGES APPLICABLE TO U.S. GOVERNMENT AND INCLUDED IN

THE SECTION I. UNIT PRICE ABOVE. (See the AIRPORT FEES AND/OR CHARGES contract provision.)

NAME AND ADDRESS IN FULL OF AUTHORITY AMOUNT OF FEES AND/OR

CHARGES PER GALLON

TO WHOM FEE AND/OR CHARGE IS PAID AND GRADE OF

PRODUCT APPLICABLE

V. NONPRODUCT ITEM CHARGES NOT INCLUDED IN THE SECTION I. UNIT PRICE ABOVE.

SUBITEM NO. PRODUCT TYPE OF CHARGE UNIT PRICE

VI. NONREFUNDABLE DUTIES AND TAXES NOT INCLUDED IN THE SECTION I UNIT PRICE

ABOVE.

SUBITEM NO. PRODUCT TYPE OF CHARGE DUTY TAX

VII. ADDITIONAL INFORMATION.

A. Does your company have world wide web/internet access? [ ] Yes [ ] No

NOTE: For those companies with internet access, DLA ENERGY will not issue paper copies of price change modifications for any resultant contract as these same price changes are available on the DLA ENERGY Home Page at http://www.desc.dla.mil/PublicPages/Business.cfm.

B. Does your company have a web site? [ ] Yes [ ] No

If yes, what is the web address?

C. Does your company have email capability? [ ] Yes [ ] No If yes, what is your email address?

D. Is your company registered under the System for Award Management (SAM)? [ ] Yes [ ]No

E. What is your company's Dun and Bradstreet number?

F. What is your company’s CAGE code number?

VIII. NOTES/EXCEPTIONS.

1. FEDERAL, STATE, AND LOCAL TAXES AND FEES contract provision. Federal Excise Taxes are applicable to deliveries to all U.S. Government aircraft (military and civilian). Civilian deliveries are to be invoiced and paid separately. Military deliveries are to be reimbursed by the Internal Revenue Service (IRS).

2. EMERGENCIES. In the event of an emergency during nonduty hours (nights, weekends, and holidays), please contact the Command Control Center at (571) 767-8420.

http://www.desc.dla.mil/PublicPages/Business.cfm

19.38 ECONOMIC PRICE ADJUSTMENT (OVERSEAS INTO-PLANE) (DLA ENERGY DEC 2018)

(a) WARRANTIES. The Contractor warrants that--

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this contract provision; and

(2) The prices to be invoiced hereunder shall be computed in accordance with the conditions of this contract provision.

(b) DEFINITIONS. As used throughout this contract provision—

(1) The term award price means the unit price set forth opposite the item in the Schedule.

(2) The term market price means the price or average of prices for the same or similar commodity within a market which is beyond the control of the Contractor, set forth in the publication(s) listed in the Table in paragraph (j) below, from which the award price is to fluctuate.

(3) The term date of delivery means the date and time product under this contract is delivered into-plane.

(4) The term week means a consecutive seven-day period beginning on a Monday.

(5) The term published means issued either in print or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the prices set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail.

(c) ADJUSTMENTS.

(1) The prices payable under this contract shall be adjusted upward or downward through issuance of contract price change modifications or web price changes during the period of performance.

(2) The prices payable hereunder shall be determined by changing the award price by the same number of cents, or fraction thereof, that the market price increases or decreases, as measured in U.S. dollars, per like unit of measure. The frequency of adjustments will be noted in paragraph (j) for each applicable item.

(3) An increase or decrease in the market price shall apply, provided the notification requirements in paragraph

(4) below have been met, only to deliveries made on or after the effective date of the price change as stated in the publication.

(4) NOTIFICATION. If required in paragraph (j), the Contractor shall notify the Contracting Officer, Defense Logistics Agency Energy (DLA Energy), of any change in the market price within 15 days from the date thereof.

Increases received after the 15-day notification period shall be effective on the date they are received by the Contracting Officer.

Decreases shall be effective the date of the decrease in the price notification to the Contracting Officer and prices shall be adjusted retroactively.

(i) INCREASES. Any increase in the unit price as a result of an increase in the market price shall apply only to deliveries made on or after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase. However, the prices payable under this contract shall in no event exceed the Contractor’s posted or established selling price in effect on the date of delivery for the same product. No modification incorporating an increase in a contract unit price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.

(ii) DECREASES. Price decreases shall apply to deliveries made on or after the effective date of such decrease. If the Contractor fails to notify the Contracting Officer of any decrease in the market price within the allotted 15-day period, and an overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(5) DAY OF PUBLICATION. Will be specified for each item in paragraph (j).

(6) PRICE ADJUSTMENT NOTIFICATIONS/MODIFICATIONS. The Contracting Officer will issue a contract price change modification or web price adjustment notification to reflect any change pursuant to this provision.

However, no modification incorporating an increase in a contract unit price shall be executed pursuant to this provision until the increase in the applicable published market price has been verified by the Contracting Officer. Contract price adjustments shall be provided via notification through contract modifications and/or posting to the DLA Energy web page at http://www.dla.mil/Energy/ under the heading Doing Business with Energy and then Prices to Web. The contractor shall notify the contracting officer of any discrepancy in the calculation of the price adjustment for resolution prior to submitting an invoice. The contractor shall be liable to the Government for any administrative fee charged by the AIR Card® contractor to reprocess a transaction to correct any overpayment or underpayment resulting from the contractor’s failure to verify the calculation of the price adjustment prior to invoicing.

(7) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 550 percent of the award price in any applicable program year (whether a single year or a multiyear program), except as provided hereafter.

(i) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract provision will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, until the Contracting Officer issues either a contract modification to raise the ceiling or written notification that the ceiling will not be raised.

(8) REVISION OF MARKET PRICE INDICATOR. In the event—

(i) Any applicable market price is discontinued or its method of derivation is altered substantially; or

(ii) The Contracting Officer determines that the market price indicator consistently and substantially failed to reflect market conditions— The parties shall agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(9) CORRECTIONS. Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com for its subscribers). If a correction to a reference price is found on Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices as notice of the correction is received. DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.

(d) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract provision, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(e) IMPORTANT: All of the proposed market prices listed in the Table below must meet the provisions set forth under the EVALUATION OF OFFERS SUBJECT TO ECONOMIC PRICE ADJUSTMENT provision.

(f) CONVERSION FACTORS. If this contract provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS provision, apply unless otherwise specified in the Schedule. For quantity conversion factors not listed in the CONVERSION FACTORS provision, the Contractor should contact the DLA Energy Contracting Officer.

(g) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the conditions of this contract provision.

(h) FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract provision.

(i) All market prices must be stated in U.S. dollars per U.S. gallon. Conversion to U.S. gallons is in accordance with the CONVERSION FACTORS contract provision.

(j) TABLE.

I II III IV V VI

Heading under Method of Market price which reference delivery as of price is Location where applicable 1 FEB 2022 Item No. Name of published and reference price to the (date) (listed items) publication name of product is applicable market price (excludes all taxes)

FAR 52.246-2 INSPECTION OF SUPPLIES - FIXED-PRICE (AUG 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)

(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)

(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time-

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1)at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of clause)

SECTION F: DELIVERIES AND PERFORMANCE

F56.01 DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) (DLA ENERGY JUNE 2013)

(a) GENERAL DELIVERY CONDITIONS. Except as otherwise provided in the Schedule--

(1) Delivery shall be made f.o.b. to the aircraft or specified Government equipment.

(2) The Contractor shall provide a responsible point of contact 24 hours a day, 7 days a week.

(3) Requests for delivery shall be made by the Ordering Officer, and the Contractor shall deliver the product to be furnished by all methods of delivery.

(4) Defuel and reservice of product from aircraft shall be processed as a ground service. In contracts where defuel and reservice have been authorized as a separate contract line item number (CLIN), the DEFUELING/RESERVICING contract text applies.

(5) If an into-truck or into-bladder line item is awarded, the Contractor shall deliver the product into U.S. Government-owned or leased refueling units via a permanently installed bulk storage dispensing system located at the airport or the Contractor's facility.

(6) Regularly scheduled aircraft to be refueled have priority over unscheduled aircraft and shall be serviced promptly upon arrival. Unscheduled aircraft to be refueled shall be serviced promptly on a first come, first served basis. Where advance notice requirements apply for afterhours refueling, such aircraft shall be serviced promptly at the conclusion of any required advance notice period.

(7) The Contractor is authorized to make deliveries of awarded products into U.S. Government aerospace ground support equipment as requested by the Ordering Officer. Such deliveries into other than aircraft or refueling units shall be treated as deliveries into aircraft.

(8) The unit of quantity, as used in this contract, shall be in U.S. gallons of 231 cubic inches. The quantity delivered hereunder shall be determined by calibrated meter and shall be determined as net for invoicing purposes.

(9) Where calibrated meters are rated in liters and imperial gallons, the following conversion factors shall be used to obtain U.S. gallons:

(i) Multiply liters by 0.264172.

(ii) Multiply imperial gallons by 1.2009.5

(b) PREPARATION OF DELIVERY RECORDS FOR ELECTRONIC POINT OF SALE AND

MANUAL PROCESSING OF AVIATION INTO-PLANE REIMBURSEMENT (AIR) CARDS.

(1) For refueling purposes, the Ordering Officer (aircrew member) will provide a U.S.

Government/AIR Card® (commercial purchasing card). The AIR Card® is blue in color with an image of a globe and an F35 Aircraft in the background, black lettering, with DLA and AIR Card® Contractor (ACC) logos.

(i) Electronic Point of Sale (POS) Reader, Electronic Reader, and Internet Transactions – ACC Provided Readers.

(A) In accordance with the AIR Card® contract, the ACC will develop and maintain an electronic POS reader for collection of AIR Card® transaction data at no cost to DLA Energy into-plane Fixed-Base Operators (FBOs).

(B) The electronic POS readers are enabled to collect both contract and non-contract transaction details. In addition to a primary ACC device, the ACC will actively work to add the capability to read and transmit AIR Card® transaction details to other electronic POS devices already deployed and used for other proprietary aviation networks. If the Contractor has a POS reader that has not been provided by the ACC, the Contractor shall test the transaction with the ACC to ensure that the applicable reader software is compatible with the ACC equipment. The reader must be programmed to reflect the DLA Energy contract award information. Standard commercial readers programmed only for commercial transactions may not be used unless tested and reprogrammed with the ACC.

(ii) Manual Transactions. Using a mechanical imprinter, the Contractor shall ensure the data embossed on the AIR Card® is transferred onto the commercial delivery receipt or U.S. Government form.

(iii) Internet Transaction. AIR Card® merchants that maintain accounting systems that can be programmed to produce an electronic file versus a paper invoice for a group or series of fuel deliveries, shall submit these electronic files via secure settlement gateways in lieu of submitting paper invoices through the mail or by fax.

The requirements follow those for the merchants within the United States submitting their invoices via an electronic Point of Sale (POS) device. The invoice must meet the same information requirements for a paper invoice as directed by the Defense Logistics Agency Energy. Upon request, the merchant must provide supporting documentation to validate a charge to the AIR Card®, for example. a signed delivery ticket. If the documentation provided does not support the charge, then the charge is subject to a chargeback to the merchant, and may result in a credit to the cardholder's account.

To begin submitting invoices electronically, merchants are required to contact the Contracting Officer for further information and direction.

(2) In the event the Ordering Officer fails to physically show the blue AIR Card® to the refueler, the Ordering Officer and refueling crew will jointly and physically verify the tail number of the aircraft to be refueled or, in the case of the U.S. Navy, the Navy Unit Identification Number/Serial Number and the aircraft's home station and address. The Ordering Officer may also obtain the AIR Card® number by calling the ACC at 1-866-308-3811 or international collect at 1-913-217-9303. If the Ordering Officer is unable to provide either an AIR Card® or to obtain the requisite AIR Card® information via the aforementioned phone numbers, the purchase shall be processed as a local purchase. The Contractor shall forward the Standard Form 44 used for local purchases to DLA Energy-RRF for validation and processing. If the aircrew does not comply with the above while at the contract location, the Contractor shall notify the DLA Energy Contracting Officer of the incident, in writing, within 72 hours of occurrence in an effort to further educate the aircrew of the required into-plane procedures. Written notification to the Contracting Officer shall explain the situation, the method of purchasing, and identification of the aircrew and unit that failed to have the proper identification card.

(3) The Contractor shall ensure at a minimum that the following data are recorded (printed or a combination of printing and imprinting) on the delivery receipt after the Ordering Officer presents an AIR Card®. The Contractor shall record deliveries to all U.S. or U.S.-designated aircraft on a commercial delivery receipt or U.S.

Government form.

(i) Merchant Identification Number (MIN) (available from the ACC – Call 1-866-308-3811) or the four character ICAO airport identifier.

(ii) AIR Card® Number (Carnet number);

(iii) Tail number/Side number or Navy Unit Identification Code/Serial Number (no more than 10 characters: alpha/numeric);

(iv) Contract Number;

(v) Delivery date reflected as MM/DD/YYYY.

(vi) Grade of fuel;

(vii) Net quantity of fuel delivered, which must be clearly stated on each delivery ticket in either U.S. gallons or liters (expressed in whole numbers only). The unit of measure must be clearly identified on each delivery ticket;

(viii) Overtime charges. If authorized under the contract, these charges shall be documented by annotating the start and stop times and the total time for overtime charges; i.e., 1 hour and 15 minutes would be reflected as 1.25; 2 hours and 30 minutes would be reflected as 2.50. If the Contractor fails to annotate the time on the delivery receipt, the Contractor's annotated delivery ticket signed by the Ordering Officer is also acceptable to substantiate overtime charges. Billing of the overtime will be on the same invoice as the applicable delivery; and

(ix) Defuel/Reservice if authorized under the contract.

(c) SIGNATURE OF ORDERING OFFICER.

(1) Receipts are to be signed by the Pilot/Crew Member, or they will not be paid.

(2) If a DD Form 1898 Identaplate is presented, the Contractor should annotate the Squadron, address, and telephone number on the delivery ticket and subsequent invoice, and separate invoices from AIR Card® receipts for separate processing.

(d) SUBMISSION OF INVOICES FOR PAYMENT FOR MANUAL TRANSACTIONS.

(1) The Contractor shall prepare and the Ordering Officer will sign a commercial delivery receipt, sales ticket, or U.S. Government form at the time of delivery.