COMBINED SYNOPSIS SOLICITATION HONDURAS 2022-2028.pdf

COMBINED SYNOPSIS/SOLICITATION

RFP# SPE605-22-R-0215

Source Selection Information - See FAR 2.101 and 3.104

I. GENERAL INFORMATION

A. DESCRIPTION: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

B. REGULATIONS: This combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-06 effective 05/26/2022, DFARS Change effective 4/2/2022 and Defense Logistics Agency Directive (DLAD) effective 03/21/2022.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its offer. The text of the referenced clauses and provisions in this solicitation may be accessed electronically in full text at https://www.acquisition.gov/.

C. SOLICITATION NUMBER: SPE605-22-R-0215 is a combined synopsis/solicitation for commercial items issued as a request for proposal (RFP). Submit written offers only, oral offers will not be accepted.

D. UNRESTRICTED LINE ITEMS: This procurement is being issued as UNRESTRICTED. North American Industrial Classification Standard (NAICS): 324110 Small Business Size Standard: 1500 employees

E. CONTRACT TYPE: In accordance with FAR 52.216-1 Type of Contract (April 1984), the Government contemplates award of a “Fixed-Priced, Requirement contract with Economic Price Adjustment (FP W/EPA)” contract resulting from this solicitation.

F. PERIOD OF PERFORMANCE: 1 January 2023 through 31 December 2027. Delivery shall be FOB destination.

G. QUESTION AND ANSWER PERIOD: Telephonic (oral) questions Will Not be addressed. Offerors may submit questions in writing, via email to Paula Mejia, Paula.Mejia@dla.mil and Lawrence Watson, Lawrence.Watson@dla.mil No Later Than 4:30 p.m. EDT 22 August 2022. All responses to questions, which may affect offers, will be consolidated and answered via an official Question and Answer (Q&A) amendment to the solicitation.

II. OFFER SUBMISSION AND EVALUATION INFORMATION/INSTRUCTIONS

A. PROPOSAL SUBMISSION: TO BE VALID ALL OFFERORS SUBMITTING PROPOSAL

PACKAGES UNDER THE SUBJECT SOLICITATION MUST BE REGISTERED in the following systems at the time of offer submission:

1. System for Award Management (SAM) at https://www.beta.SAM.gov

2. Wide Area Workflow (WAWF) at https://www.wawf.eb.mil (which includes myInvoice)

3. DLA Internet Bid Board System (DIBBS) https://www.dibbs.bsm.dla.mil

4. Registration in these systems are required by the offer submission date and time.

https://www.acquisition.gov/ mailto:Paula.Mejia@dla.mil mailto:Lawrence.Watson@dla.mil https://www.dibbs.bsm.dla.mil/

B. SYSTEMS REGISTRATION INFORMATION

1. PC&S OET is an external web application which allows prospective PC&S ground fuel vendors to securely bid on DLA Energy fuel solicitations. Offerors must be registered in the PC&S OET application in order to submit offer prices. To obtain system access to PC&S OET, offerors must request the applicable user roles via the Account Management and Provisioning System (AMPS) website at: https://amps.dla.mil

NOTE: All offer prices, and all supporting documents must be entered and submitted in OET only.

2. Please use the attached instruction titled, “AMPS Role Guide-Attachment-D” to obtain an AMPS account if you do not already have one.

3. Once the AMPS registration process is complete, access AMPS with your username and password to request access to the PC&S Ground Vendor Role OET-100. You will be notified by email once your OET access is granted. You will be able to request access to OET through AMPS. Please refer to Attachment-E titled, “Requesting the OET Vendor Role in AMPS,” for instructions on requesting an OET vendor role.

4. After you obtain access to OET, you will be able to select a solicitation to offer on and submit your offer prices via OET using the attached instructions titled, “System Roles Request and Instructions.”

(Attachment-E)

5. If you experience trouble registering or if additional assistance is needed, please send an email to the DLA Enterprise Help Desk at DLAEnterpriseHelpDesk@dla.mil or call toll free (855)-352-0001 and select the option for assistance with AMPS.

6. In the event of technical issues on the part of OET that prevent an offeror from successfully entering offer data in OET, the offeror must immediately notify both Government’s Points of Contact via email at Paula.Mejia@dla.mil and Lawrence.Watson@dla.mil to request allowance for offeror’s manual offer submission using Price Data Sheets. Nevertheless, the offerors are still responsible for entering offer data through OET upon its return to a fully functioning state.

ALL REMAINING PROPOSAL DOCUMENTATION SHALL BE SUBMITTED VIA OFFER ENTRY TOOL (OET).

C. ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Offerors shall refer to the escalators stated for each line item and to Contract Text B19.02, “ECONOMIC PRICE ADJUSTMENT

(OVERSEAS) (DLA ENERGY JAN 2012).” NO ALTERNATIVE PRICE ESCALATORS, OTHER

THAN THOSE STATED WILL BE ACCEPTED. Offerors MUST use the publication listed for each line-item schedule as the escalation reference for their offer prices. The base reference date for all line items in this solicitation is May 16, 2022. After award, the contract price for all line-items will escalate/ de-escalate daily in accordance with the economic price adjustment clause based upon the prescribed index escalation publication referenced in the solicitation. Price changes are not based on product cost or vendor profit margin. After award DLA Energy will provide updated contract prices on the DLA Energy homepage at https://www.dla.mil/energy.

D. CLOSING DATE: 9 September 2022 at 4:30 PM EDT. Offers submitted in response to this solicitation shall be in English and in U.S. dollars per U.S. Gallons and signed by an authorized company official. Offers must be submitted by Offer Entry Tool (OET) Only. In addition to OET submission your offer and all required https://amps.dla.mil/ mailto:Paula.Mejia@dla.mil https://www.dla.mil/energy documents can be emailed to DLAEnergyFEPBB@dla.mil, with copies to Paula.Mejia@dla.mil and Lawrence.Watson@dla.mil.

NOTE: This is an open continuous solicitation with successive closing dates. The first requirement closing date is 9 September 2022, no later than 4:30 P.M. EDT and is for the 4 Items contained in this first closing period.

Solicitation SPE605-22-R-0215 has a performance period of 1 February 2023 to 31 January 2028.

E. PERIOD FOR ACCEPTANCE OF OFFERS: The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers unless another time period is specified in an addendum to the solicitation. (Ref: FAR 52.212-1(c)).

The Government anticipates receiving new requirements throughout the performance period. Therefore, solicitation SPE605-22-R-0215 will remain open until 31 January 2027 for any new CLINs to be solicited. As new requirements are received, the Government will issue amendment(s) to the solicitation, with new closing dates for the new requirements, and afford all offerors an opportunity to compete for the new CLINs.

F. TAX AND FEE INFORMATION: Offer price should include all cost arising from performance of the contract including applicable taxes and fees. Offerors shall not include in their prices any taxes or fees for which the U.S. Government or Department of Defense is exempt. Offer prices may not include foreign taxes;

no foreign taxes may be charged to DLA Energy under any contract awarded. Offerors are expected to know the relevant business procedures in the countries where fuel will be delivered, including but not limited to procedures for receiving tax exemption. The winning offeror is expected to obtain tax exemptions in a timely manner in order to meet the contract period of performance. Offerors must submit pricing in U.S.

Dollar per US Gallon format (USD/USG).

G. LATE OFFERS: Please note offers must be received by 9 September 2022 at 4:30 P.M. EDT. Any offer received after the closing date/time will be handled per FAR 52.212-1(f).

H. ACKNOWLEDGEMENT OF AMENDMENTS: If issued, all contractors must acknowledge receipt of any amendments to this solicitation. A Contractor’s designated agent can do this by completing Block 8 of SF 30, signing, and returning one (1) copy of the amendment to Paula.Mejia@dla.mil and Lawrence.Watson@dla.mil. Contractor’s designated agent must ensure Blocks 15A, 15B, and 15C of the Standard Form 30 are completed.

OFFEROR SOLICITATION SUBMISSION PACKAGE NOTES / REQUIRED ATTACHMENTS:

1. This combined synopsis solicitation DOES NOT include the use of a SF 1449. Therefore, an authorized offeror shall submit on company letterhead acknowledgement and acceptance of the terms and conditions of the solicitation. The letter shall be dated and signed with signature.

2. Complete/return the solicitation and the representations and certifications in the Fillable Clauses

Provided (Attachment C). Offerors must complete and return copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically).

(i) Offerors must acknowledge and return a completed Solicitation and,

(ii) Offerors must acknowledge, sign and return all Solicitation Amendments.

(iii) An SF1449 is not provided with this combined/synopsis solicitation; all offer submitted must be submitted with/on a signed company letterhead.

mailto:DLAEnergyFEPBB@dla.mil mailto:Lawrence.Watson@dla.mil

3. Supplier Commitment letters must be provided. All Offerors are required to furnish copies of your supplier and transportation agreements with your offer. Offerors must possess valid/current operating certificate, permits, or equivalent license required to operate in the prescribed jurisdiction. DLA Energy may conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production and quality assurance capabilities. Therefore, this information is necessary to determine if secondary pre-award surveys will be required based on offeror’s supplier’s location.

4. Certificates of Analysis (COAs) from suppliers for fuels that are being offered. Offerors shall submit a copy of a certificate of analysis for all products offered from their supplier/refinery with their offer. The certificate of analysis should have test results of a recent batch of the required products.

5. No exceptions to the terms and conditions of this solicitation will be approved or granted. No alternate product will be accepted.

J. POINTS OF CONTACT: The points of contact for this solicitation are Paula Mejia, Paula.Mejia@dla.mil and Lawrence Watson, Lawrence.Watson@dla.mil

K. NOTICE OF VOIDABILITY: Any contract awarded to a contractor who at the time of award was suspended, debarred or ineligible for receipt of contracts with any government agency or in receipt of proposed debarment from any government agency is voidable at the option of the government.

III. TABLE OF CONTENTS

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

CLAUSE NO. CLAUSE TITLE PAGE

B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (INTERNET APPLICATION)

(DLA ENERGY JAN 2012)

11/OSP

B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012)

11/OSP

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

THE FOLLOWING CLAUSES ARE CONTAINED IN FULL TEXT IN ATTACHMENT (B), “QUALITY

ASSURANCE PROVISIONS C-QAPS – E- QAPS”:

C16.09 TURBINE FUEL, AVIATION (JET A1) (DLA ENERGY OCT 2017)

C16.18-2 FUEL OIL, DIESEL (OCONUS) (PC&S AND BULK) (DLA ENERGY NOV 2018) 15

C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY JUN 2017) 15

SECTION E: INSPECTION AND ACCEPTANCE

THE FOLLOWING CLAUSES ARE CONTAINED IN FULL TEXT IN ATTACHMENT (B), “QUALITY

ASSURANCE PROVISIONS C-QAPS – E- QAPS”:

FAR 52.246-2 INSPECTION OF SUPPLIES—FIXED-PRICE (AUG 1996) 15

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (MAR 2022) 17

E1.21 ENERGY QAP E1.21 JET A JET A-1 (FEB 2014) 17

E12 POINT OF ACCEPTANCE (JUL 2015) 17

E21.01 POINT OF INSPECTION (JUN 2015) 17

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY) (FEB 2022) 17

E35 NONCONFORMING SUPPLIES AND SERVICES (DEC 2011) 17

E40.01

MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA

WORKFLOW (WAWF) ENERGY RECEIVING REPORT (ERR) (BULK

FUEL/DIRECT DELIVERY AVIATION FUEL) (DLA ENERGY JUL 2014)

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITIY (APR 1984) 17

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) 17

FAR 52.247-34 F.O.B DESTINATION (JAN 1991) 18

F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND

TRAILERS AND TANK WAGONS (DLA ENERGY MAR 2022) 18

F1.09-2 DETERMINATION OF INVOICE QUANITY (PC&S) (DLA ENERGY JAN 2012) 19

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY APR 2014) 23

F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND

DETENTION RATES (PC&S) (DLA ENERGY AUG 2005) 24/OSP

F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA

ENERGY APR 2005) 25/OSP

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) 25

F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005) 25

F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND

AVIATION FUELS (DLA ENERGY OCT 1992) 26

SECTION G: CONTRACT ADMINISTRATION DATA

DFARS 252.232-

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DEC 2018) 26

DFARS 252.232-

7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) 28

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 30

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN

2017) 31/OSP

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE

EXCHANGE (DLA ENERGY JUL 2007) 32/OSP

G9.07-5

ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE

TRANSFER SYSTEM (DLA ENERGY JAN 2012)

34/OSP

SECTION I: CONTRACT CLAUSES

CLAUSE NO.

CLAUSE TITLE PAGE

FAR 52.203-3 GRATUITIES (APR 1984) 36

FAR 52.203-6

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(JUN 2020) 36

FAR 52.203-12

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS 37

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) 41

FAR 52.204-18

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG

2020) 43

FAR 52.204-21

BASIC SAFEGUARD OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016) 44

FAR 52.204-25

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATION

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) 45

FAR 52.209-6

PROTECTING THE GOVERNMENT’S INTERESTS WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR

PROPOSED FOR DEBARMENT (JUN 2020) 48/IBR

FAR 52.212-4

CONTRACT TERMS & CONDITIONS COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021) 48

FAR 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAY 2022) 54

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) 62

FAR 52.216-2 ECONOMIC PRICE ADJUSTMENT (APR 1997) 62/IBR

FAR 52.216-18 ORDERING (AUG 2020) 62

FAR 52.216-21 REQUIREMENTS (OCT 1995) 63

FAR 52.223-3

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA (FEB 2021) 64/OSP

FAR 52.223-5

POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY

2011) 65

FAR 52.229-6 TAXES-FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) 66

FAR 52.229-11

TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020) 68/OSP

FAR 52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021) 69/IBR

FAR 52.232-17 INTEREST (MAY 2014) 69/IBR

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 69

FAR 52.233-3

PROTEST AFTER AWARD (AUG 1996)

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 71

FAR 52.242-13 BANKRUPTCY (JUL 1995) 71

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 71

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) 71

DFARS 252.203-

REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011) 72

DFARS 252.203-

REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLE BLOWER

RIGHTS (SEP 2013) 72

DFARS 252.203-

AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)

DFARS 252.204-

ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB

2019) 73

DFARS 252.204-

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (DEC 2019) 73

DFARS 252.204-

NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT (MAY 2016) 78

DFARS 252.204-

7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020) 79

CLAUSE NO. CLAUSE TITLE PAGE

DFARS 252.205-

PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS (DEC 1991) 83/IBR

DFARS 252.209-

DISCLOSURE OF OWNERSHIP OR CONTROL BY FOREIGN

GOVERNMENT (JUN 2010) 83/IBR/OSP

DFARS 252.209-

SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR

CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS A

STATE SPONSOR OF TERRORISM (MAY 2019) 83

DFARS 252.211-

ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2022)

DFARS 252.225-

TRADE AGREEMENTS (MAR 2022)

DFARS 252.225-

CORRESPONDENCE IN ENGLISH (JUN 1997)

DFARS 252.225-

DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A

COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (SEP 2021) 95

DFARS 252.225-

REQUIREMENTS FOR CONTRACTOR PERSONNEL PERFORMING IN

USSOUTHCOM AREA OF RESPONSIBILITY (DEVIATION 2021-O0004)

(FEB 2021) 96

DFARS 252.225-

PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION

2020-O0022)(AUG 2020) 102/IBR

DFARS 252.229-

TAX RELIEF (APR 2020)

102/IBR/OSP

DFARS 252.232-

ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997)

DFARS 252.232-

LEVIES ON CONTRACT PAYMENTS (DEC 2006)

DFARS 252.233-

CHOICES OF LAW (OVERSEAS) (JUN 1997)

DFARS 252.243-

PRICING OF CONTRACT MODIFICATION (DEC 1991)

DFARS 252.243-

REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

DFARS 252.244-

SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2021)

DFARS 252.246-

SAFETY OF FACILITIES, INFRASTRUCTURE/EQUIPMENT FOR

MILITARY OPERATIONS (OCT 2010) 105

DLAD 52.233-

DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (ADR) (JUN 2020) 105/OSP

I1.01 DEFINITIONS (DLA ENERGY JUN 2009) 106

I2.05-1 DEFINITION OF CHANGES (OVERSEAS PC&S) (DLA ENERGY JAN 2012) 107

I2.05-4

I2.05-4 DEFINITION OF CHANGES (CONT’D) (OVERSEAS PC&S) (DLA

ENERGY JUL 1993) 107

I11.01-2

ADMINISTRATIVE COST OF TERMINATION FOR CAUSE –

COMMERCIAL ITEMS (FEB 1996) 107

I86.06 DELIVERY-ORDER LIMITATIONS (OVERSEAS PC&S) 107

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION

(FEB 2009)

I209.09 EXTENSION PROVISIONS (JAN 2012) 108

SECTION J: LIST OF ATTACHMENTS

THE FOLLOWING ATTACHMENTS ARE INCLUDED IN THIS SOLICITATION:

ATTACHMENT DESCRIPTION

A SCHEDULE LINE ITEMS QUANTITY AND NARRATIVE

B QUALITY ASSURANCE PROVISIONS C-QAPS – E-QAPS

C OFFEROR SUBMISSION PACKAGE – (OSP)

D FUEL SOURCING DATA SHEET

E AMPS ROLE GUIDE

F PC&S OET GUIDE

G PRICE DATA SHEET

SECTION K: REPRESENTATIONS AND CERTIFICATIONS

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEPT 2007)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) 110/OSP

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES

REPRESENTATION (OCT 2020) 113/OSP

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 113/OSP

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS

(FEB 2021)

126/IBR/

OSP

DFARS 252.203-

REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (NOV 2011) 126

DFARS 252.204-

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

REPRESENTATION – BASIC (DEC 2019)

126/

OSP

DFARS 252.204-

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES – REPRESENTATION

(MAY 2021)

127/

OSP

DFARS 252.204-

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021)

DFARS 252.204-

NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (MAR 2022) 130

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 136

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) 137

FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) 138

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (NOV 2021) 139

FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH (APR 1991) 143

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 143

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 144

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 144

DFARS 252.204-

COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016)

144/

OSP

DLAD 33.103 L06 AGENCY PROTEST (DEC 2016) 145

L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 145

L54 SITE VISIT (DLA ENERGY OCT 1992) 145

L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE

DELIVERY OF PRODUCT (PC&S) (DLA ENERGY JAN 2012)

146/

OSP

SECTION M: EVALUATION FACTORS FOR AWARD

FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (NOV 2021) 146

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

IV. PROVISIONS/CLAUSES TEXT

DFARS 252.225-

TRADE AGREEMENT CERTIFICATES (NOV 2014) 132/OSP

DFARS 252.225-

PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO

REGIME (MAY 2022) 133

DFARS 252.239-

PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A

COMPUTER NETWORK UNLESS SUCH NETWORK IS DESIGNED TO BLOCK

ACCESS TO CERTAIN WEBSITES—REPRESENTATION (DEVIATION 2021-

O0003) (APRIL 2021)

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 134

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 134/OSP

K86 FOREIGN TAXES (DLA ENERGY NOV 2014) 135/OSP

K150 WIDE AREA WORKFLOW (DLA ENERGY MAY 2014) 135

All provisions and clauses referenced herein and not set forth in full text are incorporated herein by reference.

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (INTERNET APPLICATION)

(DLA ENERGY JAN 2012)

(a) The supplies to be furnished during the period specified in the REQUIREMENTS clause, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract. The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT contract text.

(b) In an emergency, oral orders may be issued but must be confirmed in writing via a EEBP -generated order within 24 hours or one business day. See the PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS INTERNET APPLICATION EEBP contract text.

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award. The five (5)-year base requirement for each line item is listed below:

Line Item

National Stock Number Product Description Quantity

(UG6)

Unit Price Total Price (USD)

0001 9130-00-148-7103 GASOLINE, AUTOMOTIVE 398,000

*0002 9130-00-286-5294 DIESEL FUEL 426,000

0003 9130-00-359-2026 TURBINE FUEL, AVIATION 4,276,665

*0004 9140-00-286-5294 DIESEL FUEL 10,875,000

*Indicates that items 0002 and 0004 are offered all-or-none, an offeror must offer on both line items to be considered for award.

B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012)

(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 text; and

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

(b) DEFINITIONS. As used throughout this contract text, the term--

(1) Award price means the unit price offered by the Contractor and set forth opposite the item in the Schedule.

(2) Reference price means the market price, this is either published in an independent publication or supplied by the Contractor, with which the award price is to fluctuate. The reference price should be a market price for the same or similar product(s) as the item being purchased.

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

(A) 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 f.o.b. point; and

(iii) FOR ALL OTHER TYPES OF DELIVERIES. The date product is received.

(c) ADJUSTMENTS. The prices payable under this contract shall be the award price increased or decreased by the amount, determined according to the following formula, that the reference price shall have increased or decreased, to and including the date of delivery.

(1) The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is-- [ ] (i) The low price published in _________________________________________.

(name of publication)

[X] (ii) The average of the prices published in ______Platts OilGram ____________.

(name of publication)

[ ] (iii) The established price posted by ________________________________ and (name of company) published in_ Platt's Oilgram Price, US Gulf Coast, Waterborne; 5-day average (5 days ending Friday prior to week of delivery) Price adjustments are effective Mon-Sun of week of delivery.

(name of publication)

(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used. NOTE: 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 the 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.

(4) NONCOMMERCIAL (NOTIFICATION). For price adjustments utilizing a reference price indicator other than commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof.

(i) INCREASES. Any increase in unit price as a result of an increase in reference 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 product supplied in the form of delivery made at the point of delivery. Also, no notification incorporating an increase in a contract unit price shall be executed pursuant to this contract text until the increase has been verified by the Contracting Officer.

(ii) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the reference price, within the allotted 15-day period, such decrease shall apply to all deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease in the established price, 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 the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS clause of this contract.

http://www.platts.com/

(5) Where the reference price is the Contractor’s established price (see (c)(2)(iii) above), the Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. The Contractor further warrants that, as of the current date, any differences between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice.

(d) MODIFICATIONS. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

(e) FAILURE TO DELIVER. Notwithstanding any other conditions 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 the Excusable Delays and Termination for Cause paragraphs of the CONTRACT TERMS AND CONDITONS – COMMERCIAL ITEMS clause of the this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(f) 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 935 percent of the award price, except as provided hereafter:

(1) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions 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 the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.

(2) 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, 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.

(g) REVISION OF REFERENCE PRICE INDICATOR. In the event—

(1) Any applicable reference price is discontinued or its method of derivation is altered substantially; E98

(2) The reference price is an average of published or posted prices, and any one price ceases to be published or posted;

(3) The reference price is published in a trade price service or commercial journal and such publication ceases to publish said reference price or changes its method of quoting prices; or

(4) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustment described 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 the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(h) CONVERSION FACTORS. If this contract text requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS contract text, apply unless otherwise specified in the Schedule.

(i) 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 wording of this contract text.

http://www.desc.dla.mil/

(j) 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.

(k) TABLE.

FOR ALL ITEMS, PLEASE SEE NOTATIONS BELOW:

Offer price should include the base reference price plus all cost arising from the performance of the contract including applicable taxes, fees and levies for which the US Government is not exempt. Base reference + markup = offer price.

Markup includes (taxes, levies, fees, transportation, overhead and etc. Offerors are hereby informed and reminded that negative consequences may result from proposing a price that is too low. The Contracting Officer may reject a proposal as unacceptable or assess it as a technical risk to the offerors’ proposal. DLA Energy will review prices to determine whether they are so low that they reflect a lack of technical understanding of the requirement.

Product

Reference

Base Reference

Price

Date

For all Regular Unleaded Gasoline / Gasohol

Platt's Oilgram Price, US Gulf Coast, Waterborne, Unleaded 87 PGACU00; 5-day average (5 days ending Friday prior to week of delivery) Price adjustments are effective Mon-Sun of week of delivery.

$3.798180 16. May 2022

For all Ultra Low Sulfur Diesel

Platt's Oilgram Price, US Gulf Coast, Waterborne, ULSD AATGZ00; 5-day average (5 days ending Friday prior to week of delivery) Price adjustments are effective Mon-Sun of week of delivery.

$3.984520 16. May 2022

Jet Fuel (JA1)

Platt's Oilgram Price, US Gulf Coast, Waterborne, Jet/Kero 54 PJABM00; 5-day average (5 days ending Friday prior to week of delivery) Price adjustments are effective Mon- Sun of week of delivery.

$4.116220

16. May 2022

SECTION C: DESCRIPTION OF PRODUCT AND SPECIFICATION/STATEMENT OF WORK

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE AS IF FULLY SET FORTH

HEREIN. SEE ATTACHMENT B FOR FULL TEXT.

C16.09 TURBINE FUEL, AVIATION (JET A1) (DLA ENERGY OCT 2017)

C16.18-2 FUEL OIL, DIESEL (OCONUS) (PC&S AND BULK) (DLA ENERGY NOV 2018)

C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY JUN 2017)

SECTION E: INSPECTION AND ACCEPTANCE

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

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 Governments 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 (1) or (2) above 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.

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE AS IF FULLY SET

FORTH HEREIN. SEE ATTACHMENT B FOR FULL TEXT.

ENERGY QAP E1 Contractor Inspection Responsibilities (MAR 2022)

DLA ENERGY QAP E1.21 Jet A Jet A-1 (FEB 2014)

DLA ENERGY QAP E12 Point of Acceptance (JUL 2015)

DLA ENERGY QAP E21.01 Point of Inspection (JUN 2015)

ENERGY QAP E22 List of Inspection Offices for DLA Energy Contracts (DLA Energy) (FEB 2022)

ENERGY QAP E35 Nonconforming Supplies and Services (DEC 2011)

ENERGY QAP E40.01 Material Inspection and Receiving Report (MIRR)/WIDE AREA WORKFLOW (WAWF) Energy Receiving Report (ERR) (Bulk Fuel/Direct Delivery Aviation Fuel) (JUL 2014)

SECTION F: DELIVERIES OR PERFORMANCE

In addition, the following clauses provided in full text apply and are incorporated into this solicitation:

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

10 Percent increase

10 Percent decrease

This increase or decrease shall apply to EACH DELIVERY ORDER

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

FAR 52.247-34 F.O.B. DESTINATION (JAN 1991)

(a) The term "f.o.b. destination," as used in this clause, means-

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall- (1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND

TRAILERS, AND TANK WAGONS (DLA ENERGY March 2022)

IMPORTANT NOTE on EPA TESTING OF UNDERGROUND TANKS. If the "volumetric" method is used for annual EPA testing of underground tanks, the "topping off" of tanks for this test is outside the scope of DLA Energy requirements contracts.

(a) F.O.B. ORIGIN. On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b. transport truck, truck and trailer, or tank wagon—

(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 on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(b) F.O.B. DESTINATION. On items calling for delivery f.o.b. destination by means of transport truck, truck and trailer, or tank wagon--

(1)Where the Schedule provides for multiple drop deliveries, 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.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(3) 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.

(4) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility, 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.

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

(6) 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.