Att 10 - DLA Requirement Note Page.pdf

Defense Logistics Agency Energy Requirement Note Page

REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE60224R0709

Unless otherwise stated in the schedule, the following DLA Energy Contract Texts apply to all line items

Contract Texts are internal notes and guidance information provided here to assist with the acquisition.

B19.33 ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE – DLA ENERGY

DOMESTIC BULK (DLA ENERGY JUNE 2017)

(a) Warranties. The Contractor warrants that —

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

(2) The prices to be invoiced shall be computed in accordance with the wording of this contract text.

(b) Definitions. As used throughout this contract text, the term—

(1) Base unit price means the unit price set forth opposite the item in the Schedule.

(2) Market price means the price to be used in determining an economic price adjustment of the base unit price of an individual product for the market area and time period specified in this contract text. The market price is derived from quotes, assessments, or sales prices in the marketplace for one or several items or commodity groups as reported in a consistent manner in a publication, electronic data base, or other form, as determined by an independent trade association, governmental body, or other third party independent of the Contractor.

(i) Base market price means the price as shown in Column VI of the table below, which is the market price from which economic price adjustments are calculated pursuant to this contract text.

(ii) Adjusting market price means the market price for deliveries during the most recent period, as defined in the table below.

(3) Date of delivery is defined as follows:

(i) For tanker or barge deliveries.

(A) Free on board (f.o.b.) origin. The date and time vessel commences loading.

(B) F.o.b. destination. The date and time vessel commences discharging.

(ii) For pipeline deliveries. The date and time product commences to move past the specified

CUI Page 1 of 42

CUI

f.o.b. point.

(iii) For all other types of deliveries. The date product is received.

(c) Adjustments.

(1) Subject to the wording of this contract text, the price payable shall be the base unit price in effect on the date of delivery increased or decreased by the same number of cents, or fraction thereof, that the adjusting market price applicable at date of delivery increases or decreases, per like unit of measure, from the base market price.

(2) Calculations. All calculations shall be rounded to six decimal places.

(3) Modifications. Any resultant price changes to the base market price and base unit price shall be executed by the Contracting Officer through a weekly price adjustment modification effective each Tuesday.

(4) Failure to deliver. Notwithstanding any other wording of this contract text, 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.

(5) Upward ceiling on economic price adjustment. The Contractor agrees that the total increase in any contract unit price, pursuant to these economic price adjustment contract texts shall not exceed 815% percent of the original base unit price in any applicable program year (whether a single year or 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 wording of this contract text 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 which the Contractor believes is 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 established market 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, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.

(6) Revision of market price indicator. In the event —

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

CUI Page 2 of 42

(ii) The Contracting Officer determines that the market price indicator consistently and substantially fails to reflect market conditions, -the parties shall mutually agree upon an appropriate and comparable substitute and 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 contract text of this contract.

(d) Conversion factors. If this contract text requires quantity conversions for economic price adjustment purposes, the conversion factors for applicable products, as specified in the DLA Energy conversion factor instruction, apply unless otherwise specified in the Schedule.

(e) Examination of records. The Contractor agrees that the Contracting Officer or designated representative 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 wording of this contract text.

(f) 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 text.

(g) Table: See table discriptions on the following pages:

CUI Page 3 of 42

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE602-24-R-0709

U.S. GULF COAST(III)

ITEM/PRODUCT

(IV)

PUBLICATION (V)/

INDEX PRICE

DESCRIPTION (I)

PUB

SYMBOL FORMULA ID

BASE MARKET

PRICE

USD/USG

EFFECTIVE

MAY 14, 2024

(EXCLUDES ALL

TAXES) (II)

EVALUATION

FACTOR

USD/USG

#1: JP5/JP8/JAA

PLATTS

JET KERO 54 USGC

PROMPT PIPELINE

(DAILY) PJABO00 PLTSGCJET $2.356300 - $0.049206

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- Simple average of the Low and High prices for the day.

-- Prices change daily based on the published price for the PRIOR day and use the last available daily price on days a price is not published.

#2: JP5/JP8/JAA

PLATTS

JET KERO 54 USGC

PROMPT PIPELINE

(WEEKLY) PJABO00 PLGCJETPDT $2.400820 $0.000000

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- Simple average of the daily average Highs and Lows of the prices effective Monday through Friday (excluding any days prices are not published), effective for the following Tuesday through Monday.

#3: JP5/JP8/JAA

PLATTS

JET KERO 54

WATERBORNE

(WEEKLY) PJABM00 TMPPLGCWPR $2.418320 $0.004799

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- Simple average of the daily average Highs and Lows of the prices effective Monday through Friday (excluding any days prices are not published), effective for the following Tuesday through Monday.

CUI Page 4 of 42

#4: JP5/JP8/JAA

PLATTS

JET KERO 54 USGC

PROMPT PIPELINE

(DAILY) PJABO00 PLGCJETDLY $2.335500 - $0.017647

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- Simple average of the Low and High prices for the day.

-- Prices change daily based on the published price for the day and use the last available daily price on days a price is not published.

#5: JP5/JP8/JAA

ARGUS PRODUCTS

ARGUS GULF COAST

WATER (WEEKLY) N/A TMPUSGCJET $2.417380 - $0.006614

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the daily average Highs and Lows of the prices effective Monday through Friday (excluding any days prices are not published) are effective for the following Tuesday through Monday.

#6: JP5/JP8/JAA

PLATTS

JET KERO 54

WATERBORNE (WRAP) PJABM00 PLWTRJT3DY $2.372467 - $0.042632

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the Low and High prices for the day prior to the date of delivery, the date of delivery, and the day following the date of delivery (3-day wrap average).

-- On dates when a price is not published, the price will remain unchanged from the prior day.

#7: JP5/JP8/JAA

PLATTS

JET KERO 54 USGC

PROMPT PIPELINE

(WRAP) PJABO00 PLGCJET3D $2.347467 - $0.048578

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the Low and High prices for the day prior to the date of delivery, the date of delivery, and the day following the date of delivery (3-day wrap average).

-- On dates when a price is not published, the price will remain unchanged from the prior day.

#8: F76

PLATTS

ULSD USGC PROMPT

PIPELINE (WEEKLY) AATGY00 PLGCULSD $2.387420 $0.000000

CUI Page 5 of 42

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the daily average Highs and Lows of the prices effective Monday through Friday (excluding any days prices are not published) are effective for the following Tuesday through Monday.

HOUSTON

(IV)

PUBLICATION (V)/

INDEX PRICE

DESCRIPTION (I)

PUB

SYMBOL

FORMULA

ID

BASE MARKET

PRICE

USD/USG

EFFECTIVE

MAY 14, 2024

(EXCLUDES ALL

TAXES) (II)

EVALUATION

FACTOR

USD/USG

#9: JP5/JP8/JAA

ARGUS US PRODUCTS

JET KERO 54

COLONIAL PIPE

(WEEKLY) N/A ARGUSGCJET $2.399880 - $0.001918

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the daily average Highs and Lows of the prices effective Monday through Friday (excluding any days prices are not published) are effective for the following Tuesday through Monday.

#10: JP5/JP8/JAA

ARGUS US PRODUCTS

JET KERO 54

COLONIAL PIPE

(DAILY) N/A ARGCJETD $2.335000 - $0.015725

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- Simple average of the Low and High prices for the day.

-- Prices change daily based on the published price for that day and use the last available daily price on days a price is not published.

#11: JP5/JP8/JAA

ARGUS US PRODUCTS

JET KERO 54

COLONIAL PIPE

(WRAP) N/A ARGCJET54 $2.360180 - $0.032862

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the Low and High prices for the 2 days prior to the date of delivery, the date of delivery, and the 2 days following the date of delivery (5-day wrap average).

-- On dates when a price is not published, the price will remain unchanged from the prior day.

CUI Page 6 of 42

#12: F76

PLATTS

ULSD USGC

WATERBORNE

(WEEKLY) AATGZ00 TMPPLF76PW $2.412360 $0.022802

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the dailiy average Highs and Lows of the prices effective Monday through Friday (excluding any days prices are not published) are effective for the following Tuesday through Monday.

#13: JP5/JP8/JAA

ARGUS US PRODUCTS

JET FUEL COLONIAL 54

PIPELINE (DAILY) N/A TMPAR54PDY $2.355600 - $0.049789

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- Simple average of the Low and High prices for the day.

-- Prices change daily based on the published price for the PRIOR day and use the last available daily price on days a price is not published.

NEW YORK HARBOR

(IV)

PUBLICATION (V)/

INDEX PRICE

DESCRIPTION (I)

PUB

SYMBOL FORMULA ID

BASE MARKET

PRICE

USD/USG

EFFECTIVE

MAY 14, 2024

(EXCLUDES ALL

TAXES) (II)

EVALUATION

FACTOR

USD/USG

#14: JP5/JP8/JAA

ARGUS US PRODUCTS

JET KERO NEW YORK

HARBOR BARGE

(WRAP)

PJAAW00 ARNYHARBR $2.453140 $0.119641

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the Low and High prices for the 2 days prior to the date of delivery, the date of delivery, and the 2 days following the date of delivery (5-day wrap average).

-- On dates when a price is not published, the price will remain unchanged from the prior day.

CUI Page 7 of 42

#15: JP5/JP8/JAA

PLATTS

JET KERO NEW YORK

HARBOR BARGE

(WEEKLY) PJAAW00 PLNYJETBAR $2.481020 - $0.052605

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the daily average highs and Lows of the prices effective Monday through Friday (excluding any days prices are not published) are effective for the following Tuesday through Monday.

#16: JP5/JP8/JAA

ARGUS PRODUCTS

JET KERO NEW YORK

HARBOR BARGE

(WEEKLY) N/A ARNYHARBRW $2.483800 - $0.071266

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the daily average highs and Lows of the prices effective Monday through Friday (excluding any days prices are not published) are effective for the following Tuesday through Monday.

#17: F76

ARGUS PRODUCTS

ULSD NEW YORK

HARBOR BARGE

(WRAP) N/A TMPF76NYH2 $2.416350 $0.111732

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the Low and High prices for the 2 days prior to the date of delivery, the date of delivery, and the 2 days following the date of delivery (5-day wrap average).

-- On dates when a price is not published, the price will remain unchanged from the prior day.

#18: F76

ARGUS PRODUCTS

ULSD NEW YORK

HARBOR BARGE

(WRAP) N/A TMPF76NYH3 $2.442500 $0.096840

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the Low and High prices for the day prior to the date of delivery, the date of delivery, and the day following the date of delivery (3-day wrap average).

-- On dates when a price is not published, the price will remain unchanged from the prior day.

CUI Page 8 of 42

#19: JP5/JP8/JAA

PLATTS

JET KERO NEW

JERSEY BUCKEYE

PIPELINE (WEEKLY) AAJNL00 PLTSBUCKY $2.481020 - $0.052605

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the daily average Highs and Lows of the prices effective Monday through Friday (excluding any days prices are not published) are effective for the following Tuesday through Monday.

NEW YORK

ITEM/PRODUCT

(IV)

PUBLICATION (V)/

INDEX PRICE

DESCRIPTION (I)

PUB

SYMBOL

FORMULA

ID

BASE MARKET

PRICE

USD/USG

EFFECTIVE

MAY 14, 2024

(EXCLUDES ALL

TAXES) (II)

EVALUATION

FACTOR

USD/USG

#20: F76

ARGUS US PRODUCTS

ULSD NEW YORK

HABOR BARGE

(WEEKLY) N/A ARNYHULSD $2.448320 $0.142278

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the daily average Highs and Lows of the prices effective Monday through Friday (excluding any days prices are not published) are effective for the following Tuesday through Monday.

CHICAGO

ITEM/PRODUCT

(IV)

PUBLICATION (V)/

INDEX PRICE

DESCRIPTION (I)

PUB

SYMBOL FORMULA ID

BASE MARKET

PRICE

USD/USG

EFFECTIVE

MAY 14, 2024

(EXCLUDES ALL

TAXES) (II)

EVALUATIO

N

FACTOR

USD/USG

CUI Page 9 of 42

#21: JP5/JP8/JAA

PLATTS

JET KERO 54 USGC

PROMPT PIPELINE

(WEEKLY) PJABO00 PLCHIJET54 $2.363020 $0.425524

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the daily average Highs and Lows of the prices effective Monday through Friday (excluding any days prices are not published) are effective for the following Tuesday through Monday.

GROUP 3

ITEM/PRODUCT

(IV)

PUBLICATION (V)/

INDEX PRICE

DESCRIPTION (I)

PUB

SYMBOL FORMULA ID

BASE MARKET

PRICE

USD/USG

EFFECTIVE

MAY 14, 2024

(EXCLUDES ALL

TAXES) (II)

EVALUATION

FACTOR

USD/USG

#22: JP5/JP8/JAA

PLATTS

JET KERO GROUP 3

SPOT REPORT

(WEEKLY) PLGRW3JET $2.396020 $0.230359

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- The simple average of the daily average Highs and Lows of the prices effective Monday through Friday (excluding any days prices are not published) are effective for the following Tuesday through Monday.

#23: JP5/JP8/JAA

ARGUS

ARGUS GRP 3 JET

MAGELLAN PIPE

MEAN (DAILY) N/A WCARJETMAD $2.345000 $0.177896

NOTES:

ADJUSTING MARKET PRICE CALCULATION METHODOLOGY:

-- Daily price for the date of delivery.

-- The date of loading price is determined by taking the average for the day.

-- If no price is published on the date of delivery, the price will be based on the prior publication date.

CUI Page 10 of 42

Fl DELIVERY CONDITIONS FOR TANK CARS, BOXCARS, TRUCKS, TRANSPORT

TRUCKS, TRUCKS AND TRAILERS, TANK WAGONS, PIPELINE, AND LIGHTERS (DLA

ENERGY JAN 2012)

(a) On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b. tank car, boxcar, truck, transport truck, truck and trailer, tank wagon, pipeline, or lighter--

(1) Supplies ordered hereunder shall be delivered, at Contractor's expense, into equipment specified in the Schedule.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made upon the day specified in the order provided that the Contractor shall have received the order at least 48 hours prior to the day so specified, except for deliveries--

(i) By pipeline (other than into vessel, dredge, or barge for use as ships' bunkers) for which the Contractor shall be given 15 days' notice prior to the date so specified; and

(ii) Into vessel, dredge, or barge by any means of delivery including pipeline for use as ships' bunkers, for which deliveries the Contractor shall be given 24 hours' notice prior to the specific time delivery is to be made.

(3) All packaged or drummed material to be delivered f.o.b. boxcar, truck, or lighter shall be loaded (braced and blocked where necessary) by the Contractor as follows:

(i) RAIL SHIPMENTS IN CONTINENTAL UNITED STATES AND ALASKA.

(A) In accordance with the LOADING, BLOCKING, AND BRACING OF FREIGHT CAR

SHIPMENTS contract text.

(B) To the extent there is no conflict between the standards mentioned in paragraph (a) of the LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS contract text, when a freight advantage to the Government would result, the Contractor will load boxcars to maximum capacity, including multiple tiering.

CUI Page 11 of 42

(ii) TRUCK SHIPMENTS IN THE UNITED STATES. In accordance with ICC Regulations and best commercial practices.

(iii) RAIL SHIPMENTS AND TRUCK SHIPMENTS - OVERSEAS, POSSESSIONS AND TERRITORIES. In accordance with best commercial practices and local regulations, or as indicated in the Schedule.

(iv) LIGHTER. In accordance with best commercial practices.

(4) Except for supplies delivered f.o.b. boxcar, truck, or lighter, title to the supplies delivered, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass into the receiving conveyance. Title to supplies delivered f.o.b. boxcar, truck, or lighter, and risk of loss thereof, shall pass from the Contractor to the Government at the time the car, truck, or lighter is released to, and accepted by, the carrier.

(b) On items calling for delivery f.o.b. destination by means of tank car, boxcar, truck, transport truck, truck and trailer, tank wagon, pipeline, or lighter--

(1) Supplies ordered hereunder shall be delivered, all transportation charges paid, to the destination and by means of the transportation equipment specified in the Schedule or, if no specific destination is indicated in the Schedule, to the destination specified in the order.

Delivery shall be accomplished at Contractor's expense into Government storage or into the type of receiving equipment otherwise specified in the Schedule or in the order, except for-- (i) Delivery by tank car which shall be accomplished by spotting the car alongside the unloading manifold connection at the specified destination;

(ii) Delivery by boxcar which shall be accomplished at the specified destination as follows: (A) If such activity has a railroad siding, by spotting the car alongside the unloading platform or elsewhere at such destination as may be designated by the receiving activity;

or

(B) If such activity does not have a railroad siding at the unloading platform of the railroad siding serving such activity, and if the freight tariff provides for free pickup and delivery service, delivery shall be made to the activity specified in the order;

(iii) Delivery by truck which shall be accomplished by spotting the truck at the unloading platform at the specified destination and by placing the drummed or packaged supplies at the tailgate of the truck; and

(iv) Delivery by lighter which shall be accomplished as indicated in the Schedule.

(2) Unless otherwise specified in the Schedule, all deliveries by tank car or boxcar shall be made within 24 hours from the time specified in the order, provided that such order shall have been received by the Contractor at least 120 hours prior to the time so specified; all other deliveries, except as hereinafter indicated, shall be made on the day specified in the delivery order and unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that such order shall have been received by the Contractor at least 48 hours prior to the days so specified. Pipeline deliveries (except those into vessel, dredge, or barge) shall be made on the day specified in the delivery order, provided the order shall have been received by the Contractor at least 15 days prior to the day so specified. Delivery into vessels, dredges, or barges from a marine service station or by means of transport truck, truck and trailer, tank wagon, or pipeline shall be made at the specific time specified in the order, provided that such order shall have been received by the Contractor at least 24 hours prior to the specific time such delivery is required to be made.

(3) The Contractor shall not be required to deliver by transport truck or truck and trailer a quantity less than a full load nor into more than one storage tank, with the following exceptions:

Fl DELIVERY CONDITIONS FOR TANK CARS, BOXCARS, TRUCKS, TRANSPORT TRUCKS, TRUCKS AND TRAILERS, TANK WAGONS, PIPELINE, AND LIGHTERS (DLA ENERGY JAN 2012)

(CONTINUED)

CUI Page 12 of 42

(i) An order placed under an item of this contract calling for delivery by transport truck of motor gasoline, fuel oil, diesel fuel, or kerosene, or, if this procurement is for Central America only, jet fuel, may require delivery of a quantity as low as 5,200 gallons whenever the activity is restricted either by a tank capacity or by a directive from receiving a larger quantity; and

(ii) Where the Schedule provides for multiple drop delivery, the Contractor may be required to deliver into more than one storage tank. Where truck and trailer is the method of delivery specified, the Contractor may, at its option, make delivery by transport truck. In the case of deliveries in Alaska, where truck and trailer or transport truck is the method of delivery specified, the Contractor may, at its option, make delivery by tank wagon.

(4) The Contractor shall not be required to deliver by tank wagon a quantity of less than 575 liters (or 150 gallons) but, at the Government's option, may be required to deliver into more than one storage tank.

(5) When delivery of fuel oil or lubricating oil is made by tank car, such car shall be equipped with steam coils, if specified in the order, to facilitate the unloading of such product.

(6) When delivery is made by tank wagon, such wagon shall be equipped with pump, meter, and a minimum of 100 feet (30 meters) of hose. Where delivery is made by transport truck or truck and trailer, such delivery equipment shall be equipped with a minimum of 15 feet of hose.

(7) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility-- (i) The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to reasonably assure that delivery can be made without damage to vegetation and asphalt pavement adjacent to storage facilities being filled. The Contractor's delivery personnel who have not exercised reasonable care and delivery equipment which is poorly maintained, may be refused entrance to the installation by the installation Commander.

(ii) The Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

(8) Unless otherwise provided in the Schedule, free time for unloading trucks, transport trucks, or trucks and trailers shall be unlimited.

(9) Except for supplies delivered by tank car, boxcar, truck, or lighter, title to supplies delivered, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass into the receiving facilities. Title to supplies delivered by tank car or boxcar, and risk of loss thereof, shall pass from the Contractor to the Government at the time the car is released by the carrier for unloading. Title to supplies delivered by truck, and risk of loss thereof, shall pass from the Contractor to the Government when the drummed or packaged supplies are removed from the truck. Title to supplies delivered by lighter, and risk of loss thereof, shall pass from the Contractor to the Government at the time the receiving vessel's tackle is attached to the supplies to be unloaded.

Fl.09 DETERMINATION OF QUANTITY (DLA ENERGY AUG 2015)

Quantity. The quantity of supplies furnished under this contract shall be determined as follows:

Free on Board (f.o.b.) origin. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries into tanker or barge.

On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tanker or barge, the quantity shall be determined (at the Contractor's option) on the basis of calibrated meter; or Shipping/shore tank measurement.

CUI Page 13 of 42

Deliveries into pipeline.

On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a pipeline, the quantity shall be determined (at the Contractor's option) on the basis of calibrated meter; or shipping tank measurements.

Deliveries into rail tank car.

On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor's option) on the basis of calibrated loading rack meter; or, using calibrated scales; or certified capacity table for the rail tank car.

Deliveries into tank truck, truck and trailer, or tank wagon.

On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tank truck, truck and trailer or tank wagon, the quantity shall be determined (at the Contractor's option) on the basis of calibrated loading rack meter; or weight, using calibrated scales; or certified capacity table for the conveyance or container.

Deliveries into intermodal container.

On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into an intermodal container, the quantity shall be determined (at the Contractor's option) on the basis of calibrated loading rack meter, loading either through top or bottom tank outlets (top loading requires loading gantry or "fall arrest" system), or certified capacity table for the container, or weight, using calibrated scales.

F.o.b. destination.

Deliveries by tanker or barge.

On items requiring delivery on an f.o.b. destination basis by tanker or barge, the invoice quantity shall be determined (at the Government's option) on the basis of calibrated meters on the receiving tank system; or receiving tank measurements. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries by pipeline.

On items requiring delivery by pipeline on an f.o.b. pipeline junction or f.o.b. destination basis, the invoice quantity shall be determined (at the Government's option) on the basis of calibrated meters on the pipeline junction or the receiving tank system; or receiving tank measurements.

F.o.b. pipeline junction is defined as the junction between a Contractor-owned or controlled pipeline and a Government-owned or controlled pipeline. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries by rail tank car.

On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government's option) on the basis of calibrated meter on the receiving tank system; or weight, using calibrated scales at the receiving

CUI Page 14 of 42 location; or certified capacity table for the rail tank car; or receiving tank measurements. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries by tank truck/truck and trailer/tank wagon/intermodal container.

On items requiring delivery on a f.o.b. destination basis by tank truck, truck and trailer, tank wagon or intermodal container, the quantity shall be determined -in the following order of preference:

Calibrated temperature compensating meters on the receiving system (as identified in the schedule).

Calibrated temperature compensating meter on the delivery conveyance (as identified in the schedule). Weight, using calibrated scales at the receiving location (as identified in the schedule).

Calibrated meters on the receiving system, requiring manual volume correction (as identified in the schedule).

Loading ticket mechanically imprinted with the volume corrected (net) quantity. The ticket must be generated at the time of loading and be based on a calibrated loading rack meter or calibrated scales.

Calibrated meter on the delivery conveyance, requiring manual volume correction Loading ticket, not volume corrected (requiring manual volume correction).

Invoice quantities for all residual fuels and lubricating oils and invoice quantities for other products that are in excess of 5,000 gallons (or 18,900 liters) shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). Invoice quantities of non-residual fuels which are less than 5,000 gallons (or 18,900 liters) do not require correction to net gallons (or liters). For this purpose, residual fuels are any products with a viscosity equal to or greater than a regular (not light) number 4 fuel oil (ASTM D 396).

Water bottoms.

Every delivery must be free of all water bottoms prior to discharge; and The Contractor is responsible for their removal and disposal.

Measurement restrictions. All methods of measurement described in this contract text are subject to government safety and environmental restrictions, foreign or domestic. Such restrictions may prohibit, or render ineffective, a particular method in some cases.

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 U.S., 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 to the aforementioned measurement and calibrations standards. In addition, the following specific standards will be used as applicable:

API MPMS Chapter 11.1, Temperature and Pressure Volume Correction Factors for Generalized Crude Oils, Refined Products, and Lubricating Oils (this chapter is an adjunct to ASTM D 1250, IP 200 and International Organization for Standardization (ISO) 91-1). Either the 2004 or 1980

CUI Page 15 of 42 version of the standard may be used. Either the printed tables (an adjunct to the 1980 version) or the computer subroutine version of the standard may be used. In case of disputes, the computer subroutine for the 2004 version of the standard will be the referee method.

For crude oils, JP4, and Jet B, use Volume I, Tables 5A and 6A; Volume VII, Tables 53A and 54A;

or Volume IV, Tables 23A and 24A.

For lubricating oils, use Tables 5D and 6D, Tables 53D and 54D, or Tables 23D and 24D.

For all other fuels and fuel oils, use Volume II, Tables 5B and 6B; Volume VIII, Tables 53B and 54B; or Volume V, Tables 23B and 24B.

For chemicals/additives use Volume III, Table 6C (or Volume IX, Table 54C), or volume correct in accordance with the product specification.

Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Celsius to barrels at 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.

As an option to (b) (1) (v), liters may be converted to gallons using Table Fl.09A (see below). If this option is used, it must be agreed upon by both parties and shall remain in effect for the duration of the contract. Should foreign law restrict conversion by this method, the method required by law shall be stated in the offer.

If the original measurement is by weight and quantity is required in U.S. gallons, then- Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.

Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit. 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 12 months, whichever is more frequent. A meter calibration log/calibration certificates shall be maintained which as a minimum contains number/name of each meter; calibration frequency; date of the last calibration; due date for next calibration; name and signature of the person performing the calibration; traceability to master meter/prover used for calibration; and calibration report number.

Each meter shall be marked with the date of the last calibration and due date for the next calibration. All calibration meter records and logs/certificates shall be kept on file and made available. All calibration records (including logs or certificates) shall be retained on file for a period of three years.

API MPMS Chapter 12, Calculation of Petroleum Quantities. All calculations of net quantities shall be made in accordance with this chapter. Outside the U.S., use of a tank shell correction factor is not required unless its use is a customary practice for custody transfer.

CUI Page 16 of 42

Table F1.09a Conversion Factor Table

Density @ 15ºC Gallons at 60ºF to Liters at 15ºC;

Multiply by

Liters at 15C to Gallons at 60F, Multiply by

0.723 – 0.768 3.78286 0.26435

0.769 – 0.779 3.78309 0.26433

0.780 – 0.798 3.78334 0.26432

0.799 – 0.859 3.78356 0.26430

0.860 – 0.964 3.78381 0.26428

0.965 – 1.074 3.78405 0.26427

Shipping documentation. When the Contractor's shipping document (such as a truck's metered ticket) is used to determine, or verify, the payment quantity under this contract, the following information shall be provided on that shipping document: gross and net quantity (gallons or liters, as required), observed and corrected API gravity/density, and the temperature (Fahrenheit or Celsius) at which the product was measured. This information shall be mechanically imprinted on the shipping document. Although this will apply primarily to the use of meters in various applications, it also applies to any other quantity determination method. The following exceptions apply:

Where Government documents are the sole basis for payment, such as Department of Defense (DD) Form 250/250-ls, the information is not required.

Where conveyances with temperature-compensating meters are used, the shipping document shall only be annotated with the corrected API gravity/density, the net quantity, and a statement that a temperature-compensating meter was used to determine net quantity.

Where conveyances with temperature compensating meters are not used, the shipping document shall be only be annotated with the API gravity (or density), gross quantity, and a statement that volume correction was not required.

Right to representative. For f.o.b. origin deliveries, the Government has the right to have a representative present to witness the measurement of quantity. For f.o.b. destination deliveries, the Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

Fl.25 DELIVERY AND ORDERING PERIODS (DLA ENERGY MAY 2022)

(a) This contract text applies to all modes of delivery, whether origin or destination.

(b) The period of this contract during which the Ordering Officer may order and the Contractor shall deliver, if ordered, shall be as follows unless the item in the Schedule specifies otherwise:

(1) Ordering Period Begins: Date of Award and Ends: March 31, 2025.

CUI Page 17 of 42

(2) Delivery Period Begins: April 1, 2024 and Ends: 30 days after the end of the ordering period.

(c) Notwithstanding the foregoing, deliveries made prior to the delivery period at the option of the Contractor and pursuant to an order by the Government shall be deemed to have been made under this contract at the applicable contract price(s).

(d) To the extent practicable, the Government will attempt to lift in approximately equal monthly quantities for the life of the contract. However, if the monthly pro rata is less than the Contractor's maximum parcel size regardless of mode the Government reserves the right to order volumes equal to the maximum parcel size per delivery. Where the maximum parcel size available for individual deliveries as specified in the contract is greater than the monthly pro rata, the supplier will accumulate any such product at any such location and subsequently make deliveries equal to the specified maximum quantity available for individual deliveries.

(e) Except at its option, the Contractor shall not be required to deliver f.o.b. tanker at origin in any one delivery a quantity of product(s) less than 50,000 barrels, except when the minimum quantity available for individual deliveries as specified in the contract is less than 50,000 barrels.

(f) Nothing included in this contract text shall restrict the Government's rights under the

DELIVERY- ORDER LIMITATIONS - SCOPE OF CONTRACT.

F52 TANKER/OCEAN-GOING BARGE DEMURRAGE AND LOADING CONDITIONS (DLA

ENERGY JAN 2012)

On items calling for delivery f.o.b. tanker/ocean-going barge at origin-

(a) DELIVERY DATES.

(1) Unless otherwise specified in the Schedule, orders placed under items of the Schedule calling for delivery f.o.b. tanker/ocean-going barge at Contractor's refinery, terminal, or bulk plant will be furnished to the Contractor at least 20 days in advance of the date on which delivery is to be made, which date is hereinafter referred to as the "scheduled delivery date."

Each order will specify the quantity to be delivered, the scheduled delivery date, the cargo number, and, if then available, the name and size of the tanker/ocean-going barge (herein referred to as "vessel") to be loaded.

(2) The scheduled delivery date may be revised by the Ordering Officer at any time and unless the Contractor registers objections with the Ordering Officer within 72 hours of receipt of such revised scheduled delivery date, such revised date shall become the new agreed scheduled delivery date. At the time the Contractor registers any such objections, the Contractor must provide a date, subsequent to the date proposed by the Ordering Officer, which represents the earliest date the Contractor can provide a berth. The Ordering Officer must confirm or reject the alternate date provided by the Contractor within 72 hours of receipt of the Contractor's objection. If the Ordering Officer chooses to accept the alternate date provided in the Contractor's objections, such revised date shall become the new agreed scheduled delivery date. If the Ordering Officer chooses to reject the alternate date provided by the Contractor, the scheduled delivery date will return to the previous scheduled delivery date.

(3) All communications regarding the establishment and revision of the scheduled delivery date and objections thereto shall be set down in writing at such time or promptly confirmed in writing.

CUI Page 18 of 42

(b) EXPECTED TIME OF ARRIVAL. The vessel designated to lift the cargo will notify the Contractor's load facility, at the telex/facsimile number provided by the Contractor, of the name and the expected hour of arrival of the vessel at least 72 hours before the expected time of arrival, and at additional intervals of 48 and 24 hours before expected arrival. When vessels are scheduled to load at more than one contract source within a port complex, the 72-48-24 hour notices will be provided by the vessels to all contract sources at the same time as the notice is provided to the first contract source and will stipulate the order of loading.

(c) LAYTIME. The Contractor shall provide as soon as possible, but within 6 hours after issue of notice of readiness to load from the vessel designated to load the cargo, a reachable berth, free of cost to the Government, for the loading of supplies ordered, where at least vessels with a maximum draft of 37_ feet can be safely moored and remain afloat at all times. When vessels are scheduled to load at more than one contract source within a port complex, notice of readiness will be provided once by the vessel to all contract sources simultaneously. Laytime shall commence, berth or no berth, either at the expiration of 6 hours after notice of readiness is received or immediately when the vessel moors alongside with or without notice of readiness, whichever first occurs; PROVIDED, however, that-- I. If the vessel is tendered for loading on a date earlier than the last agreed scheduled delivery date as determined pursuant to paragraph (a) above, the Government's vessel shall be loaded as soon as possible in its proper tum with other vessels, and laytime shall not commence until the vessel moors alongside or at 6:00 a.m. local time on the last agreed scheduled delivery date, whichever first occurs.

2. If the vessel is tendered for loading later than noon of the day following the last agreed scheduled delivery date, as determined pursuant to paragraph (a) above, the vessel shall be loaded as soon as possible in its proper tum with other vessels. Laytime shall commence when the vessel moors alongside, provided a good faith effort is made by the Contractor to moor the vessel in its tum with other vessels as loading berths become available. If the vessel is not moored in its proper turn with other vessels, laytime will commence at 6:00 a.m. on the date the Government vessel's tum occurred, regardless of whether the cargo is available.

3. For two or more contract sources within a port complex, laytime for the second or subsequent source begins when the vessel leaves the prior source. Laytime credit will be allowed for transit time between the prior and subsequent load source based on the actual transit time from the previous source to the subsequent source's loading berth or anchorage area if the berth is not available for the Government's vessel. In the event a berth is not available and the vessel is forced to anchorage, no additional laytime credit will be allowed when the vessel finally gets clearance to moor at the contractor's berth.

4. Laytime shall continue 24 hours a day, 7 days a week, without interruption from its commencement until the entire loading of the vessel cargo is completed and the vessel has been released for sailing by the Government Quality Representative.

(d) ALLOWED LAYTIME.

5. BASIC ALLOWED LAYTIME. For cargo movements under DLA Energy bulk petroleum contracts, the Contractor shall be allowed 36 hours of basic allowed laytime for loading a full vessel cargo. The 36 hours covers all operations for loading including cushioning and topping tanks. When partial vessel cargoes are to be loaded, a portion of the 36 hours basic laytime will be allocated to each loading port equal to the percentage of the total quantity loaded at each loading port or source.

6. INCREASES TO BASIC ALLOWED LAYTIME.

1. If after laytime commences, the condition of vessel to be loaded does not permit loading, such basic allowed laytime shall be increased by the duration of such delay.

CUI Page 19 of 42

11. If the vessel is delayed in reaching its berth and the delay is caused by the fault of the vessel, such basic allowed laytime will be increased by the duration of such delay which occurred after laytime commenced.

m. After laytime commences, when vessels are required to dock at anchorage due to vessel delays such as vessel inspection and inserting, laytime credit will be allowed for transit time from anchors away at anchorage until first line ashore berthing, not to exceed 2 hours.

1v. If regulations of the owner or operator of the vessel prohibit loading at any time after laytime has commenced, time so lost shall be added to the basic allowed laytime.

v. If for any reason the Contractor is delayed in loading the vessel or there is a delay in releasing the vessel for sailing because of action of the U.S. Government that arises out of causes beyond the control and without the fault or negligence of the Contractor, such basic allowed laytime shall be increased by the duration of such delay.

v1. The Contractor will be allowed up to 4 hours of additional laytime following removal of cargo hoses until the vessel is released by the inspector in order to accomplish tasks required under the CONTRACTOR INSPECTION RESPONSIBILITIES contract provision.

v11. There will be no increase made to the basic allowed laytime (nor other reductions to any resulting demurrage time) for saved laytime arising out of other loadings.

v111. Delays, after commencement of laytime, attributed to causes beyond the control and without the fault or negligence of the Contractor or the U.S. Government will result in increasing basic allowed laytime for one-half of the delay.

(d) For all hours of laytime which elapse in excess of allowed laytime for loading provided for by paragraph (d) above, demurrage shall be paid by the Contractor as follows: 1. USS, USNS, OR TIME CHARTERED VESSELS. At the demurrage rate for the vessel loaded, computed to the nearest whole hour, as published by the Military Sealift Command, and in effect on the date loading of the vessel is completed.

2. VOYAGE CHARTERED VESSELS. At the demurrage rate cited in the charter, except that the demurrage payable by the Contractor shall in no event exceed the actual demurrage expense incurred by the Government under the charter;

(e) Hoses for loading a vessel shall be furnished, connected, and disconnected by the Contractor; loading arms shall be connected and disconnected by the Contractor.

(t) Title to the supplies delivered and risk of loss thereof shall pass from the Contractor to the Government when the supplies pass the vessel's permanent hose connections.

(g) The temperature of any fuel oil loaded shall be at least 10oF below the flash point of the oil and in no case higher than 150oF if the cargo tanks are uncoated, or 135 degrees F if coated;

PROVIDED, however, that in no event shall the difference between the temperature of the oil entering the vessel manifold and the recorded temperature of sea water at the vessel's condenser intake exceed 70oF; PROVIDED further, that the Master of the vessel may authorize loading the product at a temperature higher than specified above, so long as the temperature of the product remains at least 10oF below the flash point of the product.

F52.01 TANKER STANDARDS AND REQUIREMENTS (DLA ENERGY SEP 1995)

(a) All Government-furnished tankers used in the course of this contract will comply with the following: (1) U.S.-flag tankers will hold and comply with the requirements of a current Certificate oflnspection (COi) from the U.S. Coast Guard and be in compliance with all requirements of Safety of Life at Sea (SOLAS) and International Convention for the Prevention of Pollution for Ships (MARPOL 73/78).

(2) In the event of a voyage charter, a non-U.S.-flag tanker will comply with SOLAS and

MARPOL73/78.

CUI Page 20 of 42

(3) Tankers on long term charter to the U.S. Government will be equipped with an Inert Gas System (IGS), which will be maintained in good working order. The U.S. Government will make best efforts to ensure voyage chartered tankers are equipped with IGS when required by the terminal or port authority and shall maintain and operate same in good working order.

(4) All tankers will carry on board and will be guided by the requirements of the latest edition of the Oil Companies International Marine Forum (OCIMF) and International Safety Guide for Oil Tankers and Terminals (ISGOTT).

(5) All tankers will be equipped with tank level measuring devices in each cargo tank.

(6) All tankers will be capable of vapor recovery, which includes closed loading, gauging, and sampling where required by port regulations.

(7) All tankers shall be in full compliance with all applicable international conventions and all applicable laws, regulations, and other requirements of the nation of registry and of the nation(s) and local jurisdictions to whose port(s) and/or places the tanker may be ordered.

(b) The Contractor may, at its own expense and in a manner so as not to delay a scheduled delivery, inspect tankers for compliance with these requirements. In the event the Contractor believes a tanker does not meet a requirement contained herein, the Contractor shall notify DLA Energy in writing with a copy to the tanker captain of the specific details of the alleged deficiency as soon as possible. The Contracting Officer will make a determination as to compliance with these requirements.