Attachment 1 - OSP.docx

OFFER SUBMISSION PACKAGE (OSP)

SOLICITATION: SPE600-22-R-0703

PROGRAM: 2.2a

THE ENCLOSED RFP COVERS THE PERFORMANCE PERIOD OF: FEBRUARY 1, 2022 MARCH 31, 2022

To be timely, offers must be received at Defense Logistics Agency Energy by: January 20, 2022 @ 3:00 P.M. LOCAL BELVOIR TIME. Please submit your offers via email to:

Nina Taliferro at: nina.taliferro@dla.mil Jose Duran at: jose.duran@dla.mil Daniel Ferry at: daniel.ferry2@dla.mil

INSTRUCTIONS:

1. All offers must be submitted to the Defense Logistics Agency Energy. The documents to be completed and returned are in RFP Section J and are available on Beta.sam.gov:

2. Be sure to check your offered prices for accuracy prior to submission.

3. Please remember to review the solicitation notes before submitting this offer.

4. By submission of this package, you are stating that ALL terms and conditions of the entire solicitation are accepted and apply to your offer unless clearly stated herein.

COMPANY NAME/ADDRESS/CAGE CODE:

SIGNATURE OF PERSON AUTHORIZED TO SIGN:

OFFER INFORMATION SHEET

NOTE: Any exception stated elsewhere in the offer that is not included in section M of this Offer Submission Package will NOT be considered a valid request for exception and will NOT be considered for award.

Examples denoted by highlight

A. STANDARD OFFER SHEET

1. Destination Offer Sheet

PRODUCT/ LINE #

SHIPPING POINT

ACTIVITY LOCATION

MIN/MAX QTY/USG

MODE

ADDITVE(S) INCLUDED

DEST PRICE

USD/USG**

**DO NOT INCLUDE ADDITIVE PRICE IN OFFER.

Include transportation rate in the price offered above.

B. ADDITIVE PRICES

ADDITIVE PRICE PER USG

DO NOT INCLUDE ADDITIVE PRICE IN OFFER

FSII = Fuel System Icing Inhibitor; SDA = Static Dissipater Additive; CI = Corrosion Inhibitor

C. OVERALL QUANTITIES AVAILABLE FOR AWARD

a. By Product:

b. By Refinery Source:

c. By Shipping Point:

d. By Method of Delivery for Each Shipping Point:

e. Would the quantity awarded out of any shipping point affect the quantity available for award out of any other shipping point? Y/N. If yes please give details.

D. SOURCE OF SUPPLY

a. State the monthly production capacity for each source of supply:

b. List all shipping points supplied by each refinery/source of supply:

E. PARCEL SHIPPING SIZES & DAILY CAPACITY

a. For Truck

i. State the Minimum/Maximum Quantities in USG:

PRODUCT

MODE

SHIPPING POINT

ii. State the Loading/Movement Capacity:

PRODUCT/ MODE

SHIPPING POINT

DAYS of WEEK TERMINAL

OPEN

HOURS each DAY TERMINAL

OPEN

NO OF RACKS

MAX LOADS PER

8 HRS

HRS

SECTION E, QUALITY ASSURANCE

Pursuant to FAR 52.212-1, the offeror must demonstrate an understanding of the quality assurance requirements in Quality Assurance Provisions (QAPs) E1 CONTRACTOR INSPECTION RESPONSIBILITIES and E1.21 CONTRACTOR INSPECTION RESPONSIBLITIES (JET A/A- 1)(BULK/PC&S) of the solicitation. Accordingly, offerors must indicate one of the following and submit the required documentation for review with their initial offer:

( ) Certifies that it has a QCP, applicable to a DLA Energy bulk petroleum contract, on file with DLA Energy that is no more than 24 months old, by making this selection in this section of its Offeror Submission Package (OSP); or

( ) Offeror has provided an outline, not to exceed two pages in length, of a proposed QCP describing the offeror’s current inspection system and quality assurance procedures, with references to the corresponding requirements in provisions E1 and/or E1.21, and making the corresponding selection in this of its OSP.

SECTION F

F3.02 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (BULK/LUBES) (DLA ENERGY JUN 1996)

(a) Upon arrival of Contractor's transport truck or truck and trailer, the receiving activity shall promptly designate the tanks into which the load is to be discharged. Free time will commence at the time the discharge hose is connected to fill pipe at the delivery point specified and will end when discharge is completed. For items involving multiple drops, time between drops will not be included in free time. Contractor shall be paid for detention beyond free time for delays caused by the Government. A minimum of one hour free time is required. Rate for detention shall be comparable to regulated tariffs governing the local area of receiving activity.

(1) Free time for unloading transport truck or truck and trailer:

(b) The above will not be considered in the evaluation of offers for award, except that free time of less than one hour or detention rates not comparable to regulated tariffs may render an offer unacceptable/bid nonresponsive.

UNLESS OFFEROR INDICATES OTHERWISE, FREE TIME WILL BE CONSIDERED UNLIMITED. DETENTION COSTS. Any invoices for detention costs will be forwarded directly to the Contracting Officer.

F92.02 SCHEDULE OF REFINERY SHUTDOWNS FOR TURNAROUNDS (DOMESTIC AND OVERSEAS BULK) (DLA ENERGY OCT 2012)

(a) The offeror shall furnish to the Contracting Officer a tentative refinery shutdown schedule for the contract period. DLA Energy will review the offered quantity in conjunction with the turnaround period to ensure that the entire offered quantity can be delivered during the performance period. The offeror will identify the specific period(s) when the refinery will be shut down and the effect that the shutdown will have on availability of each product under the offer. Any revisions to this schedule will necessitate prior notice of at least 60 days in order to coordinate the placement of orders for the delivery of the entire contract volume.

(b) The offeror shall provide the following information:

(3) Impact of shutdown period on supply availability:

; and

(c) If the refinery identified as the source of supply under the offer will be scheduled for shutdown for turnaround during the first 30 days of the scheduled delivery period, the offeror will provide an alternate source of supply for delivery of fuel equal to pro-rata or maximum monthly quantity identified in the Offer Information Sheet. This alternate supply will be identified prior to close of negotiations to ensure that appropriate evaluation factors for cost can be calculated and applied to the evaluation process.

(1) Name and location of alternate source of supply for first month of delivery period

(d) Unless the offeror states otherwise, the offer will be evaluated on the basis that there will be no refinery shutdowns for turnarounds that will have an impact on supply availability.

SECTION G

52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV 2011) – DLAD

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate.

(c) The offeror should check here to opt out of this clause: [ ] Alternate wording may be negotiated with the Contracting Officer.

SECTION K

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(a) This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

K1.01-7 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (CONT’D) (DLA ENERGY FEB 2009)

SMALL BUSINESS CONCERN REPRESENTATION - OFFEROR’S MANUFACTURING SOURCE.

(a) The representation in (c) below concerning the offeror’s manufacturing source applies to Small Business Set-Aside (SBSA) line items, Small Disadvantaged Business Price Evaluation Adjustment (SDB PEA) line items, and HUBZone Small Business (HSB) line items only.

(1) To be eligible for either the SBSA or SDB PEA, the representation in (c)(1) below must state that all end items will be manufactured or produced by a small business concern in the United States, its territories and possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(2) To be eligible for the HSB preference, the representation in (c)(2) below must state that all end items will be manufactured or produced by a HUBZone small business concern in the United States, its territories and possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(b) Failure to complete (c) below and failure to submit same with the offer may render the offer ineligible for award in these programs.

(c) (1) SBSA/SDB PEA REPRESENTATION. The small business concern represents as part of its offer that-- [ ] all [ ] not all end items to be furnished will be manufactured or produced by a small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(2) HSB REPRESENTATIONS. The small business concern represents as part of its offer that— [ ] all [ ] not all end items to be furnished will be manufactured or produced by a HUBZone small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

K28 REFINERY INFORMATION (BULK) (DLA ENERGY JUN 1986)

Offerors are required to submit the following information on each item offered. Dealers should indicate the producing company and manufacturing point of the product on which they are offering. All such information shall be received by the Defense Logistics Agency Energy (DLA Energy) at time of initial offer.

COMPLETE ADDRESS (INCLUDING NAME OF REFINERY/SHIPPING POINT, STREET ADDRESS, CITY, COUNTY, STATE AND ZIP CODE, TELEPHONE NO., AND NO. OF EMPLOYEES AT EACH SHIPPING POINT):

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations.

THIS CLAUSE APPLIES ONLY TO DLA ENERGY-FUNDED ITEMS.

K86 FOREIGN TAXES (DLA ENERGY NOV 2014)

As stated in the TAXES - FOREIGN FIXED-PRICE CONTRACTS clause 52.229-6, unless the contract provides otherwise, the contract price must include all applicable foreign taxes, duties, fees, or foreign government-levied charges (“taxes and duties”).. In accordance with the TAXES - FOREIGN FIXED-PRICE CONTRACTS clause 52.229-6, the offeror shall list below, in paragraph (a), the specific name and amount of the foreign taxes and duties included in the price. If, when permitted by the contract, foreign taxes and duties are not included in the offered price, but are expected to be invoiced separately, the offeror shall list the specific name and amount of these foreign taxes and duties in paragraph (b) below.

(a) Foreign taxes and duties included in the contract price are as follows:

NAME OF TAX, DUTY, FEE, OR FOREIGN GOVERNMENT-LEVIED CHARGE AMOUNT

(b) Foreign taxes and duties invoiced separately are as follows:

NAME OF TAX, DUTY, FEE, OR FOREIGN GOVERNMENT-LEVIED CHARGE AMOUNT

SECTION M: REQUESTS FOR EXCEPTIONS TO THE RFP:

1. SECTION B / SUPPLIES OR SERVICES AND PRICES/COSTS: List all exceptions to this section; identify the solicitation clause or provision applicable to each exception.

2. SECTION C / DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK: List all exceptions to this section; identify the solicitation clause or provision applicable to each exception.

3. SECTION E / INSPECTION AND ACCEPTANCE: List all exceptions to this section; identify the solicitation clause or provision applicable to each exception.

4. SECTION F / DELIVERIES OR PERFORMANCE: List all exceptions to this section; identify the solicitation clause or provision applicable to each exception.

OTHER EXCEPTIONS: List all exceptions to the solicitation and amendments other than those for Sections B, C, E or F of the Solicitation. Identify the solicitation section and clause or provision applicable to each exception requested.

*Any exception stated elsewhere in the offer that is not included in section M of the Offer Submission Package will NOT be considered a valid request for exception and will not be considered for award.

END OF OSP