COMBO Solicitation_SPE605-21-R-0221 Tukey RTB 8-6-21 AMM 8-25.pdf

SPE605-21-R-0221 Page 3 of 74

COMBINED SYNOPSIS/SOLICITATION

ISSUED DATE: AUG 30, 2021

Class Code: 91 – Fuels, Lubricants, Oils and Waxes

Address of Contracting Office: Defense Logistics Agency, 8725 John J. Kingman Road, Suite 4950, Ft.

Belvoir, Virginia 22060-6222, United States of America

Subject: Direct Delivery Fuel Requirement in Turkey

Solicitation Number: SPE605-21-R-0221

Reponses Due: SEPTEMBER 20, 2021 at 4:00 P.M. Eastern Standard Time (Ft. Belvoir, VA)

Points of Contact: Mark Settles, email: Mark.Settles@dla.mil

Contracting Officer Point of Contact: Roger Brown, e-mail: Roger.Brown@dla.mil

Web Address: http://www.energy.dla.mil

SPECIAL NOTES:

1. Offerors submitting electronic responses to this solicitation must limit email size to 10MB for a single email. Emails over 10MB may not be delivered because of server restriction on mail size for delivery.

2. Offerors note: The U.S. Government is tax exempt. DO NOT include any taxes in offered prices for which the U.S. is tax exempt.

3. Any violation of the Iran Sanctions Act is strictly forbidden. Contractor shall not source nor blend any portion of the fuel destined for DLA Energy with refined fuel products sourced from Iran. In accordance with FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (Feb 2021), by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act.

4. Exceptions: Any exceptions the offeror takes to the terms and conditions of the solicitation must be submitted with the offer. Offerors shall submit all exceptions taken in list format. Only exceptions detailed in the offer will be treated as exceptions to the terms and conditions of the solicitation.

Any exceptions taken by the offeror will be considered by the Government and either accepted or rejected. Exceptions that are accepted by the Government will be incorporated into any resultant contract; exceptions that are rejected by the Government must be withdrawn by the offeror or the offer will be rejected.

5. Offerors must submit pricing in unit price/per USG format: Example: ($0.000000/USG)

6. In order for the offeror to demonstrate that they possess the technical capability to provide the fuel (all products in the schedule) which meets the required specification(s), the offeror, with their supply commitment letters, must present either a current, full specification Refinery Certificate of Quality (COQ) or a recertification certificate of analysis (COA) if sourcing from a location which blends several batches from more than one refinery source (terminal). All COQ/COAs should be presented in a format which resembles that of the one listed in ASTM D1655, figure X3.2 or the commercial laboratory sample provided. These certificates will be on refinery or commercial laboratory letterhead and signed and dated like the certificates of analysis described below http://www.energy.dla.mil/

SPE605-21-R-0221 Page 4 of 74

Certificates of Analysis will contain the source information (location, tank number, lot or batch number, etc.), specification tested to, along with the test methods used for testing.

To be acceptable for evaluation, the certificate will also be signed and stamped by the laboratory manager and be within 30 days of submission from a batch out of the terminal storage tank(s) or refinery batch tank(s) to be used for actual supply.

If the supplier is purchasing products from a terminal that receives and blends several different refined products from multiple refineries/sources, a list of those refineries/sources as part of that batch blending will be submitted for traceability purposes and should be included on the Fuel Source Data Sheet, if room or on a separate attachment stating that these are refineries used in the blending of that product.

Partial quality certificates (with less than the required or listed characteristics tested, as listed in the specification) and manufacturer/product specification sheets will not be accepted.

All test certificates submitted shall be translated into English and will be in the same format as required by the original.

The original, non-English version will need to accompany the translated version and the offeror must ensure that they are one in the same.

Translated version must be signed and stamped by the person that translated and the method of translation included.

7. Offeror will need to provide letters of commitment from all sources of supplies and transportation subcontractors from which they will require assistance in order to fulfill this contract and its requirements.

Letters of commitment will be on sub-contractor, lessor, and/or supplier’s letterhead. The commitment letter must also state the date on which the sub-contractor will be fully available for access and use by the offeror.

8. The Prime contractor shall possess prior to award the required EPDK Distribution License and the

Secil Gazette excerpt announcing license to operate in the Republic of Turkey prior to award.

9. Offerors shall be registered in SAM at the time for award to be considered for award. Offerors to ensure registration in DIBBS (DLA internet bid board system) and WAWF/IRAPT (wide area workflow), if offeror is awarded.

10. Submit all proposals and address any questions to the contracting specialist, Mr. Mark Settles at mark.settles@dla.mil

DLA Energy may conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production, financial and quality assurance capabilities.

FAR provision 52.212-3 Offeror Representations and Certifications-Commercial Items applies to this acquisition. Offerors shall complete this provision in the System for Award Management (SAM). SAM is an

SPE605-21-R-0221 Page 5 of 74 official U.S. Government system and all offerors are required to be registered in this system. There is NO fee to register for this site. Please provide your CAGE Code from SAM with your offer.

Offerors shall provide name, title and contact information of person(s) authorized to sign offer and negotiate with the Government in connection with this solicitation under FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Jul 2021).

Additional requirements may be added by future amendments to this solicitation. The Government contemplates award(s) of a Fixed Price Requirements Contract with Economic Price Adjustment resulting from this combined synopsis/solicitation for the supply of fuel to locations in Turkey. The Government intends on making an award to the offeror who submits the lowest price, technically acceptable offer with acceptable past performance. - Line items identified will be evaluated and awarded individually; this is not an all or none acquisition. Please refer and apply FAR 52.212-2 and B19.02 when submitting offer.

Pursuant to FAR 12.603(2):

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 and 13.5, 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.

(ii) Proposals are requested under Request for Proposals (RFP) SPE605-21- R-0221 for items listed under

B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY

JAN 2012). All offerors must thoroughly review the RFP and any attachments prior to submission of their offer.

This requirement has a performance period of three (3) years, starting January 1, 2022 – 31 December 2024. Delivery is FOB Destination. Offerors are advised that the Government reserves the right to award multiple contracts under this request for proposals. Under this contract, each line item will be evaluated separately.

(iii)This RFP incorporates provisions and clauses in effect through Federal Acquisition Circular 2020-07.

(iv) This acquisition is unrestricted under NAICS Code: 324110

(v),(vi)(vii) for a list of item numbers, quantities, units of measure, description of requirements, and FOB point, see B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012) below:

B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (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

SPE605-21-R-0221 Page 6 of 74 this contract. The prices paid shall be the unit prices specified in subsequent Section for price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT contract provision.

(b) In an emergency, oral orders may be issued and shall be confirmed in writing by a Standard Form 1449 or DD Form 1155 within 24 hours.

(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, except for items specifically designated as _3_-year requirements. Period of performance is 1 Jan 2022 - 31 Dec 2024.

C1 SPECIFICATIONS (DLA ENERGY Jan 2012)

Product to be supplied shall fully meet the requirements of the applicable specification(s) as indicated in the Supply Schedule, except as modified elsewhere in this contract. Unless otherwise indicated by the Contractor, prior to award and in accordance with the EVALUATION OF OFFERS contract provision, the product offered will be assumed to fully meet the applicable specification(s).

C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY May 2014)

Unless otherwise specified, current versions of defense or federal specifications and standards, military handbooks, commercial item descriptions, qualified product lists, and other related technical documents cited in this solicitation/contract can be accessed from the Department of Defense (DoD) Acquisition Streamlining and Standardization Information System (ASSIST) database at https://assist.dla.mil under ASSIST-Quick Search or http://quicksearch.dla.mil. ASSIST is the official source for all Defense Standardization Program documents and contains the most current information on documents prepared by DoD, as well as information on how to acquire referenced non-Government standards that have been adopted for DoD use. Those who register for an ASSIST account may establish profiles to receive automatic E-mail alerts when changes are planned or made to documents of interest by selecting criteria on the [Alert Portal Profile Maintenance] screens accessed from the [User Profile] menu. Users may also view or download a bi-monthly summary of changes to the ASSIST database under the [ASSIST Update] menu.

C16.25-3 FUEL SPECIFICATIONS (PC&S) (TURKEY) (DLA ENERGY OCTOBER 2014)

Supplies delivered under this contract shall conform to all National environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The list of such requirements contained in this contract is not intended to be a complete list and the Contractor shall be responsible for determining the existence of all such requirements. In the event that a National environmental requirement is more stringent than a specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered to be a nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as cited below.

(a) FUEL OIL, DIESEL.

(1) Product shall conform to EN 590:2009 +Al:2010.

(2) Product classifications are shown below:

http://quicksearch.dla.mil/

SPE605-21-R-0221 Page 7 of 74

NATIONAL

STOCK NUMBER

PRODUCT

NOMENCLATURE

PRODCUT CODE SULFUR

MAXIMUM

9140-01-520-7119 Diesel Fuel DT2 10 ppm

C16.67-1 GASOLINE FUEL SPECIFICATIONS (PC&S) (EUROPE)(MIDDLE EAST)(DLA

ENERGY APRIL 2017)

NATIONAL STOCK

NUMBER

PRODUCT

NOMENCLATURE

PRODUCT CODE

9130-01-527-5763 Gasoline, Premium, Unleaded

ULG

Supplies delivered under this contract shall conform to all National and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The list of such requirements contained in this contract is not intended to be a complete list and the Contractor shall be responsible for determining the existence of all such requirements. In the event that a National and/or local environmental requirement is more stringent than a specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered to be a nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as cited.

Product shall conform to the latest revision of commercial specification EN 228, Gasoline, Automotive, Unleaded, Premium Grade. Product classification is shown above.

Item: 0001 Product Price

Quantity: 12,000 Diesel Fuel: Unit Price: $_________ Extended (EST)Price: $___ _

Escalator: AAWYY00 ULSD 10ppmS FOB Med Cargo Previous Monthly Average

NSN Delivery Identification State

9140-015207119 (DT2) CDGANKARA1 - CHIEF OF MISSION RESIDENCE

DIESEL FUEL

Delivery Address: Ataturk Bulvari No 110 Kavaklidere Cankaya Ankara 99999

SPE605-21-R-0221 Page 8 of 74

Service Code Delivery DODAAC Ordering Office DODAAC

DS 19M101 19M101

Name Phone

HASAN OLGUN 05051601804

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK W

No. of Tanks Capacity Type Tank Location

1 3300 ABOVE GROUND TANK(S) AT CMR RESIDENCE (ALT FUEL)

Delivery Mode Notes: tank truck with pump Delivery Hours: ONLY WEEDENDS DELIVERY BETWEEN 0800 TO1900 HOURS Delivery Notes: Tank filling openings are 2 inches wide. Diesel truck requires 20 meter [hose and grounding set].

Delivery Ticket Notes: yes

Item: 0002 Product Price

Quantity: 90,000 Diesel Fuel Unit Price: $_________ Extended (EST) Price: $___

Escalator: AAWYY00 ULSD 10ppmS FOB Med Cargo Previous Monthly Average

NSN Delivery Identification State

9140-015207119 (DT2) CDGANKARAC - EMBASSY COMPOUND

DIESEL FUEL

Delivery Address: Ataturk Bulvari No 110 Kavaklidere Cankaya Ankara 99999

Service Code Delivery DODAAC Ordering Office DODAAC

DS 19M101 19M101

Name Phone

HASAN OLGUN 05051601804

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK W

No. of Tanks Capacity Type Tank Location

1 1320 BELOW GROUND TANK EMB COMP ANNEX I

3 2640 BELOW GROUND TANK EMB COMP CONSULATE BLD, 1X

CHANCERY BLD,

1 2640 BELOW GROUND TANK PARIS CADDESI NUMBER 72

1 3300 ABOVE GROUND TANK(S) IRAN CADDESI 51 59 CANKAYA

SPE605-21-R-0221 Page 9 of 74

1 5280 BELOW GROUND TANK EMB COMP ANNEX II

Delivery Mode Notes: Tank Truck with pump Delivery Hours: ONLY WEEDENDS DELIVERY BETWEEN 0800 TO 1900 HOURS Delivery Notes: Tank filling openings are 2 inches wide. Diesel truck requires 20 meter hose [and grounding set.] Delivery Ticket Notes: yes

Item: 0003 Product Price

Quantity: 42,000 Diesel Fuel Unit Price: $_________ Extended (EST) Price: $___

Escalator: AAWYY00 ULSD 10ppmS FOB Med Cargo Previous Monthly Average

NSN Delivery Identification State

9140-015207119 (DT2) FP5685760 - ANKARA SUPPORT FACILITY

DIESEL FUEL

Delivery Address: 39TH DET AF INCIRLIK RESOURCE CONTROL CENTER INCIRLIK AB

TURKEY 99999

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP5685 FP5685

Name Phone

MEHMET.AKTAS 314 676 8349

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK

No. of Tanks Capacity Type Tank Location

1 1000 ABOVE GROUND TANK(S) AT BLDG 2018

1 1000 ABOVE GROUND TANK(S) AT BLDG 2080 AND 2018

1 10000 BELOW GROUND TANK AT BLDG 2674

1 10000 BELOW GROUND TANK EDOK KAPASI, DOGU AKTUGIA KISLASI

TURK OCAGI

1 1150 ABOVE GROUND TANK(S) AT BLDG 2621

1 1250 ABOVE GROUND TANK(S) AT BLDG 2400

1 1320 ABOVE GROUND TANK(S) AT BLDG 2025

1 250 ABOVE GROUND TANK(S) AT BLDG 2625

1 600 BELOW GROUND TANK EDOK KAPASI, DOGU AKTUGIA KISLASI

TURK OCAGI

1 600 TANK TRAILER AIB REFUEL TRAILER, ASF-BCE UTILITY

POWER

1 750 ABOVE GROUND TANK(S) AT BLDG 2021

SPE605-21-R-0221 Page 10 of 74

8 7515 ABOVE GROUND TANK(S) EDOK KAPASI, DOGU AKTUGIA KISLASI

TURK OCAGI

1 792 ABOVE GROUND TANK(S) AT BLDG 2621

Delivery Mode Notes: TT w / PUMP. Must have at least 15 meters of hose. Connection must be 4" female camlock.

Delivery Hours: MON-FRI, 0800-1600 Delivery Notes: TT w / PUMP. Must have at least 100 feet of hose. Connection must be 4" female camlock.

Delivery Ticket Notes: Metered delivery tickets required.

Special Messages: FES

MULTIPLE DROP

Item: 0004 Product Price

Quantity: 186,000 Diesel Fuel Unit Price: $_________ Extended (EST) Price: $___

Escalator: AAWYY00 ULSD 10ppmS FOB Med Cargo Previous Monthly Average

NSN Delivery Identification State

9140-015207119 (DT2) FP5685850 - INCIRLIK

DIESEL FUEL

Delivery Address: 39TH DET AF INCIRLIK RESOURCE CONTROL CENTER INCIRLIK AB

TURKEY 99999

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP5685 FP5685

Name Phone

MEHMET AKTAS DSN 314 676 8349

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK

No. of Tanks Capacity Type Tank Location

3 1600 TANKS AT BUILDINGS 1075, 1076, AND 1077, BILLETING, INCI

1 2000 TANKS AT BUILDING 1072, BILLETING, INCIRLIK AB

1 21000 TANKS AT BUILDING 400, POWER PLANT, INCIRLIK AB

1 2500 TANKS AT BUILDING 1082, BILLETING, INCIRLIK AB

3 2500 TANKS BUILDINGS 892, 896, AND 960, DORMITORY, INCIRLIK

1 25100 TANKS AT BUILDING 865, HOSPITAL, INCIRLIK AB(TANK

LOCATE

1 3000 TANKS AT BUILDING 1066, BILLETING, INCIRLIK AB

2 3000 TANKS AT BUILDING 894, DORMITORY, INCIRLIK AB

1 4000 TANKS AT BUILDING 1080, BILLETING, INCIRLIK AB

SPE605-21-R-0221 Page 11 of 74

2 5000 TANKS AT BUILDINGS 964 AND 962, DORMITORY, INCIRLIK AB

1 6000 TANKS AT BUILDING 1084, BILLETING, INCIRLIK AB

3 6000 TANKS AT BUILDINGS 880, 882, AND 885, DORMITORY,

INCIRLI

Delivery Mode Notes: TT w / PUMP. Must have at least 15 meters of hose. Connection must be 4" female camlock.

Delivery Hours: MON-FRI, 0800-1600 Delivery Notes: TT w / PUMP. Must have at least 100 feet of hose. Connection must be 4" female camlock.

DEPENDING ON SECURITY/SAFTEY DELIVERY TIMES MAY CHANGE

Delivery Ticket Notes: yes Special Messages: AUTOMATIC FILL

FES

Item: 0005 Product Price

Quantity: 649,000 Diesel Fuel Unit Price: $_________ Extended (EST) Price: $___

Escalator: AAWYY00 ULSD 10ppmS FOB Med Cargo Previous Monthly Average

NSN Delivery Identification State

9140-015207119 (DT2) INCIRLIK - IZMIR AREA TR

DIESEL FUEL

Delivery Address: 39TH DET AF INCIRLIK RESOURCE CONTROL CENTER INCIRLIK AB

TURKEY 99999

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE6F08 SE6F08

Name Phone

MEHMET AKTAS 011-90-322-316-5

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK

No. of Tanks Capacity Type Tank Location

1 13522 TANKS AT BLDG 230, MILITARY SVC STATION,

INCIRLIK AB

1 601179 TANKS AT BLDG 222, BULK STORAGE, INCIRLIK AB

Delivery Mode Notes: WITH PUMP METER AND 25 FEET OF HOSE Delivery Hours: 0730|1630|MONDAY THRU FRIDAY| Delivery Notes: 380,631 GALS (80% OF PREVIOUS LIFT QUANTITY) Special Messages: AUTOMATIC FILL THIS FUEL IS CAPITALIZED

SPE605-21-R-0221 Page 12 of 74

Item: 0006 Product Price

Quantity: 217,000 GASOLINE, AUTOMOTIVE Unit Price: $_________ Extended (EST) Price:

Escalator: AAWZA00 Gasoline Prem Unleaded 10ppmS FOB Med Cargo Previous Monthly Average

NSN Delivery Identification State

9130-015275763 (ULG) INCIRLIK - IZMIR AREA TR

GASOLINE, AUTOMOTIVE

Delivery Address: 39TH DET AF INCIRLIK RESOURCE CONTROL CENTER INCIRLIK AB

TURKEY 99999

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE6F08 SE6F08

Name Phone

MEHMET AKTAS 011-90-322-316-5

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK

No. of Tanks Capacity Type Tank Location

1 14284 TANKS AT BUILDING 230, MILITARY SERVICE STATION,

INCIRLI

1 601776 TANKS AT BUILDING 217, BULK STORAGE, INCIRLIK AB

Delivery Mode Notes: WITH PUMP, METER BAND 25 FEET OF HOSE Delivery Hours: 0730|1630|MONDAY THRU FRIDAY| Delivery Notes: 173985 GALS (60% OF PREVIOUS LIFT QUANTITY) Special Messages: THIS FUEL IS CAPITALIZED

Item: 0007 Product Price

Quantity: 298,000 Diesel Fuel Unit Price: $_________ Extended (EST) Price: $___

Escalator: AAWYY00 ULSD 10ppmS FOB Med Cargo Previous Monthly Average

NSN Delivery Identification State

SPE605-21-R-0221 Page 13 of 74

9140-015207119 (DT2) W5820ERSKA - RADAR SITE K KURECIK AKCAD 11

DIESEL FUEL

Delivery Address: Radar Site K Kurecik Akcadag 11 44050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W5820E W5820E

Name Phone

KEYVIN.D.COOK.MIL@MAIL.MI DSN 314-484-6597

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK W

No. of Tanks Capacity Type Tank Location

2 20000 ABOVE GROUND TANK(S) RSKA

1 6000 TANK TRUCK

Delivery Mode Notes: TANK TRUCK (TT), w/4" CAM LOCK CONNECTION & TANK WITH A

RECEIPT PUMP

Delivery Hours: 0001-2359 SEVEN DAYS A WEEK ON CALL 24/7 Delivery Notes: THE SITE IS AT TOP OF A STEEP ROAD (SWITCH BACK ROAD) MAY REQUIRE

CONTRACTOR TO USE SMALLER TANKER BOWSERS TO SHUTTLE FUEL TO HILL-TOP SITE

Special Messages: FUEL IS NOT CAPITALIZED

By signing below, offeror agrees to all terms and conditions of this solicitation.

NAME OF SIGNATORY (TYPE OR PRINT):

OFFEROR SIGNATURE: DATE:

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 provision; and

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

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

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

(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

SPE605-21-R-0221 Page 14 of 74 market price for the same or similar product(s) as the item being purchased.

(3) Date of delivery means—

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;

(i) FOR PIPELINE DELIVERIES. The date and time product commences to move past the specified f.o.b. point; and

(ii) 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

[ ] (iii) The established price posted by and

(Name of company) published in

(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

SPE605-21-R-0221 Page 15 of 74 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 provision 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.

(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 provision, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of 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 provisions shall not exceed 587 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 provision will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling 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 http://www.desc.dla.mil/

SPE605-21-R-0221 Page 16 of 74 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;

(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 provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS contract provision, 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 provisions of this contract provision.

(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 provision.

(k) TABLE.

ITEM NUMBER

(PRODUCT ID)

PRODUCT

CODE

TYPE OF FUEL PLATTS

REFERENCE USED

BRP 06/01/2021

$ / Gal

84 DT2 Diesel Fuel

DISTILLATE

AAWYY00 ULSD

10ppmS FOB Med

Cargo Previous Monthly Average

$1.740489

EG ULG Gasoline Automotive

AAWZA00 Gasoline Prem Unleaded

10ppmS FOB Med Cargo Previous

Monthly Average

$1.811978

* Prices will adjust monthly based on previous month’s average with the above referenced publication. All posted prices are in US dollars per metric ton and will be converted (Metric to Imperial) to US dollars per gallon by dividing by the following factors:

ULSD (All) – $315.30 Premium Gasoline – $355.42 Diesel (All) - $323.17

(viii) FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (Jul 2021)

SPE605-21-R-0221 Page 17 of 74

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation.

However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed 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);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10

SPE605-21-R-0221 Page 18 of 74

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-

SPE605-21-R-0221 Page 19 of 74

29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111- 5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/

SPE605-21-R-0221 Page 20 of 74 selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

SPE605-21-R-0221 Page 21 of 74

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE

PLAN (Oct 2020)

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (Oct 2016)

DFARS 252.213-7000 NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF PAST

PERFORMANCE INFORMATION RETRIEVAL SYSTEM - STATISTICAL REPORTING

IN PAST PERFORMANCE EVALUATIONS (Sep 2019)

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

OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (Dec 2018)

DLAD 5452.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (ADR) (Jun 2020)

(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 FAR 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 legal counsel. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the https://www.sam.gov/ https://www.acquisition.gov/far/52.204-7#FAR_52_204_7

SPE605-21-R-0221 Page 22 of 74 contracting officer.

(ix) FAR 52.212-2 -- EVALUATION -- COMMERCIAL ITEMS (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(I) Technical capability.

Supply: In order to receive a rating of “acceptable” for this subfactor, offerors must with their proposal, Offeror shall submit Certificates of Quality and/or Analysis (COQ/COA), for all products listed in the attached schedule of this solicitation that conform to the specifications provided.