FINAL COMBINED SYNOPSIS W SOLICITATION.pdf

COMBINED SYNOPSIS/SOLICITATION

ISSUED MARCH 9, 2020

Part: U.S. Government Procurements

Subpart: Supplies

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: Automated Fueling Requirement Turkey

Solicitation Number: SPE605-20-R-0224

Reponses Due: March 27, 2020 at 4:00 P.M. Eastern Standard Time (Ft. Belvoir, VA)

Points of Contact: Mark, email: Mark.Settles@dla.mil, phone: 571-767-8472

Contracting Officer Point of Contact: Ketah Watson, e-mail: Ketah.Watson@dla.mil; Phone: 571-767-

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

Description of Requirement: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 and 13.5, as supplemented by additional information included in this notice. This acquisition is unrestricted. This announcement constitutes the only solicitation and additional information will not be provided.

Proposals are requested under Request for Proposals (RFP) SPE605-20- R-0224 for items listed under B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991). All offerors must thoroughly review the RFP and all attachments prior to submission of their offer.

The performance period is three (3) years. Delivery is FOB Destination.

Description of Services. This requirement is for a vehicle fleet automated fueling program in accordance with Turkish Petroleum Energy Marketing Agency guidance for tax free fuel sales for the purpose of lifting commercially available Unleaded Gasoline and Diesel Fuel products for authorized US government owned or authorized privately owned vehicles at designated filling stations. These fueling stations will be located within 62 miles (100 kilometers) of each and every municipality throughout the country of Turkey. Maximum use will be an annual estimated amount of 120,000 US Gallons (6,000 liters) for each government vehicle and 35,000 US Gallons (4,800 liters) for each private vehicle with DLA Energy provided tax exemption certificates provided at the start of program and annually. Bi-weekly or monthly individual sales data consisting of vehicle plate number, fuel type, quantity, date/time/location of delivery must be batched and provided to Army and Air Forces Exchange Service (AAFES) Europe representatives This RFP incorporates provisions and clauses in effect through Federal Acquisition Circular 2020-04.

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 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 (OCT 2018).

Additional requirements: Please see attached documents.

Turkey Automated Tax Free Fuel Program

CLAUSE INDEX

SECTION B SUPPLIES OR SERVICES AND PRICE COST

CLAUSE TITLE PAGE

B-0001 B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S)

(ALASKA/HAWAII)(DLA ENERGY JAN 2012) 5

B-0001 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (JAN

2012) 8

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C-0001 C1 SPECIFICATIONS (DLA ENERGY JAN 2012)

C-0002 C16.25-3 FUEL OIL, DIESEL (DT2) (DLA ENERGY AUG 2010) 11

SECTION E: INSPECTION AND ACCEPTANCE

FAR 52.246.2

INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996)

DFARS 252.246-7000

MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

DLAD 52.246-9029

POINT OF ACCEPTANCE (APR 2010) 13

E-0001 E21.01 POINT OF INSPECTION (DLA ENERGY APR 2010) 13

E-0002

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY

CONTRACTS (DLA ENERGY JUL 2013) 14

E-0003 E22.01 QUALITY REPRESENTITIVE (DLA ENERGY JUL 1992) 16

E-0004

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA

ENERGY DEC 2011) 16

SECTION F: DELIVERIES OR PERFORMANCE

F-0001

F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS,

TRUCKS AND TRAILERS AND TANK WAGONS (DLA ENERGY

JAN 2012) 17

F-0002

F1.09-2 DETERMINATION OF INVOICE QUANITY (PC&S) (DLA

ENERGY JAN 2012) 18

F-0003

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA

ENERGY (APR 2014) 21

F-0004

F3.03 NOTIFICATIONS OF CHANGE IN TRANSPORTATION

COMPANY (PC&S) (DLA ENERGY APR 2005) 21

F-0005

F4 DELIVERY AND ORDERINGING PERIODS (DLA ENERGY

JUN 2002) 22

F-0006

F30.01 ORDERING AND PAYING OFFICERS (OVERSEAS PC&S)

(DLA ENERGY APR 1998) 22

F-0007

F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY

NOV 2005) 22

F-0008 F105 VARIATION IN QUANTITY (APR 1984) 23

SECTION G: CONTRACT ADMINISTRATION DATA

FAR 52.204-6

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER

(JUL 2013) 23

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER CCR (OCT 2003) IBR

FAR 52.232-34

PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER THAN

CENTRAL CONTRACTOR REGISTRATION (MAY 1999) 24

G-0001

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG

1998) 26

SECTION I: CONTRACT CLAUSES

FAR 52.203-3

GRATUITIES (APR 1984)

FAR 52.203-6

RESTRICTIONS ON SUB-CONTRACTOR SALES TO THE

GOVERNMENT (SEPT 2006) IBR

FAR 52.212-4

CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

(MAY 2014) 26

FAR 52.216-18

ORDERING (OCT 1995)

FAR 52.216-21

REQUIREMENTS (OCT 1995)

FAR 52.222-26 EQUAL OPPORTUNITY (MAR 2007) IBR

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009) IBR

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) 32

FAR 52.232-17 INTEREST (MAY 2014) 32

FAR 52.232-35 DESIGNATION OF OFFICE FOR GOVERNEMENT RECIPT OF

ELECTRONIC FUNDS (JUL 2013) 33

FAR 52.242-13 BANKRUPTCY (JUL 1995) 34

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 34

I-0001

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR

CAUSE – COMMERCIAL ITEMS (DLA ENERGY FEB 1996) 34

I-0002 I28.18 TAX RELIEF (DLA ENERGY MAY 1989) 34

I-0003

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL

PREVENTION (DLA ENERGY FEB 2009) 35

I-0004 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) 35

I-0005 I211.02 ORDERING (CONT’D) (DLA ENERGY JAN 1991) 35

FAR 52.217-2 CANCELLATION UNDER MULTIYEAR CONTRACTS (OCT 1997) 35

SECTION K: REPRESENTATION AND CERTIFICATIONS

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

FEDERAL TRANSACTIONS (SEP 2007)

DFARS 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUNE 2005)

K-0001

K15 RELEASE OF UNIT PRICES (DLA ENERGY MAR 2009)

K-0002

K150 WIDE AREA WORFLOW (DLA ENERGY MAY 2014)

FAR 52.229-6 TAXES-FOREIGN FIXED PRICE CONTRACTS (FEB 2013) 38

FAR 52.225-18 PLACE OF MANUFACTURE (SEP 2006) 39

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (APR

2014) 40

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUSES OR EXCUTIVE ORDERS-

COMMERCIAL ITEMS (JUL 2014) 43

FAR 52.214-34

SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR

1991) 48

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S CURRENCY (APR 1991) 48

DFARS 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997) 48

DFARS 252.232-7003

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS AND RECEIVING REPORTS (Jun 2012) 48

DFARS 252.232-7006

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY

2013) 49

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

DLAD 52.233-9000 AGENCY PROTEST (NOV 2011)

L-0001 L1.02 PROPOSAL ACCEPTANCE PEROID (DLA ENERGY NOV

1991) 51

L-0002 L54 SITE VISIT (DLA ENERGY OCT 1992) 51

SECTION M: EVALUATION FACTORS FOR AWARD

M-0001 M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 52

FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999) 54

M-0002 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS)

(DLA ENERGY APR 1997)

LIST OF ATTACHMENTS

THE FOLLOWING ARE INCLUDED IN THIS SOLICITATION

TITLE LOCATION

[X] OFFEROR SUBMISSION PACKAGE ATTACHED

[X] TECHNICAL DATA SHEET ATTACHMENT A (OSP)

[X] PERFORMANCE DATA SHEET ATTACHMENT B (OSP)

B-0001 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 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 provision.

(b) In an emergency, oral orders may be issued and must 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 one (1)-year requirements.

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED THREE-YEAR QUANTITY

TURKEY AUTOMATED TAX-FREE FUEL PROGRAM

TU, AAFES

TURKEY

DELIVERY DODAAC: HXJAEZ

BILLING DODAAC: HXJAEZ

ORDERING OFFICE : +90 (322) 332-6799

ALT ORDERING OFFICE: +90 (322) 316-6574

0001 DE0 DIESEL FUEL, 10 PPM SULF (SFD) 1,350,000 GL

NSN: 9140-01-556-9156

TANK TRUCK (TT),

Automated Fueling Device to be used for the purpose of lifting tax free Diesel Fuel product for authorized U.S. Government -owned vehicles or authorized privately owned vehicles at designated filling stations.

These fueling stations will be located within 62 miles (100 kilometers) of each and every municipality throughout the country of Turkey.

The property Administrator for this contract is the Army Air Force Exchange Service (AAFES) General Manager's Office at Incirlik Air Base. The address is: AAFES General Manager, Turkey Consolidated, Unit 7150, Box 260, APO AE 09824.

The commercial phone number is City Code 90-322-332-6799 or 90-322-316-6574, and the commercial fax number is (322) 316-6750.

THIS FUEL IS CAPITALIZED

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED THREE-YEAR QUANTITY

0002 EG0 GASOLINE, PREM (ULG) 600,000 GL

NSN: 9130-01-527-5763

TANK TRUCK (TT),

Automated Fueling Device to be used for the purpose of lifting tax free Diesel Fuel product for authorized U.S. Government -owned vehicles or authorized privately owned vehicles at designated filling stations.

These fueling stations will be located within 62 miles (100 kilometers) of each and every municipality throughout the country of Turkey.

The property Administrator for this contract is the Army Air Force Exchange Service (AAFES) General Manager's Office at Incirlik Air Base.

The address is: AAFES General Manager, Turkey Consolidated, Unit 7150, Box 260, APO AE 09824.

The commercial phone number is City Code 90-322- 316-6937 or 90-316-316-6972, and the commercial fax number is (322) 316-6750.

THIS FUEL IS CAPITALIZED

(DLA ENERGY 52.207-9F55)

COVERAGE NEED ALONG ALL TURKISH MOTORWAYS

SPECIAL NOTES:

1. TO ALL OFFERORS:

A. Offerers shall submit proposals and offer prices for all of the line items listed in the above schedule.

B. Proposals will be evaluated pursuant to FAR 52.212-2 – Evaluation – Commercial Items. (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 of the item offered to meet the Government requirement

a. Fueling Stations: Vendor must demonstrate the ability to provide fueling stations with acceptable Electronic Fueling Devices located within 62 miles (100 kilometers) of each and every municipality throughout the country of Turkey in accordance with this Special notes section.

b. Licensing: Offeror shall submit EPDK Distribution License ( In English) for Prime Contractor and the Secil Gazette excerpt announcing license

(II) Price;

(III) Past performance (see FAR 15.304);

Technical and past performance, when combined, are approximately equal to cost or price.

Offerors should thoroughly read and understand the terms and conditions contained in the solicitation. Failure to provide any information requested in the solicitation may render an offeror’s proposal technically unacceptable, and preclude it from any further consideration for contract award. Offerors should ensure that the information contained in their proposal is factual, accurate, and complete.

C. The Property Administrator for this contract is the Army and Air Force Exchange Service (AAFES) General Manager’s Office at Incirlik Air Base. The address is AAFES General Manager, Turkey Consolidated, Unit 7150, Box 260, AP0 AE 09824. The commercial phone number is City Code (322) 332-6799 OR (322) 316-6574, and the commercial fax number is

(322) 316-6750.

D. Contractors will include as part of their offer a detailed service station list to include location and hours of operation of all service stations that will accept the proposed Electronic Fueling Device.

E. Electronic Fueling Devices may only be used to purchase fuel for U.S. Government owned vehicles or for privately owned vehicles belonging to eligible United States Department of Defense (DOD) personnel and their dependents. Turkish nationals who are employed by the U.S. Government or by a U.S. Contractor will be permitted to refuel U.S. Government or authorized U.S. Contractor owned vehicles using Electronic Fueling Devices. Turkish nationals will not be permitted to refuel any other vehicles using Electronic Fueling Devices.

F. DO NOT include any taxes in offer prices. The U.S. Government is tax exempt. Contractor is responsible for completing the tax exemption certificates called Beyannames or Takrirs, which permit tax-exempt status.

G. The trading or selling of Electronic Fueling Devices to Turkish nationals is a violation of Turkish Law.

H. The Government defines Electronic Fueling Device (EFD) as an electronic mechanism; either a ring, chip or in any other conceivable form, that is mounted onto a vehicle for the purpose of transmitting fueling related accounting information wirelessly to a Contractor’s main frame servers.

I. For ALL authorized Privately Owned Vehicles (POVs), the Property Administrator (AAFES) will issue MILITARY STAR

CARDS.

J. The Property Administrator will maintain a data base with all MILITARY STAR CARD account numbers. MILITARY STAR CARDs will be associated with Contractor’s accounting system, with which sales will be tracked.

K. Controls such as authorized fuel type and monthly fill allowance will be set by the Contractor account management systems.

L. Stations are to be operable 24 hours per day/7days a week.

M. Contractor will provide a list of retail stations capable of using EFDs and a MAP of TURKEY with all of these retail stations clearly marked. These maps will be provided at AAFES locations for distribution. Adequate coverage in South Eastern Turkey must be provided.

N. Contractor will provide either a 1-800 number or Web-site, preferable both through which customers can look up available station locations as well as their account balances.

O. Electronic Fueling Devices will be issued by the Contractor. The Contractor’s database systems will collect refueling data and will upload to AAFES system on a daily basis. Procedures for uploads of daily files and the records format need to be developed with the involvement of AAFES IT, FA and the contractor. Contractor is responsible for AAFES corporate and customer private information to be kept secure using standard data safeguarding practices. The Contractor will be responsible for providing data in the format required by AAFES, P. The Electronic Fueling Device will be mounted at a Contractor designated location. When monthly lift allowances are depleted, the account will freeze until a new monthly cycle starts.

Q. The Contractor’s system must require that the user enter a unique personal identification number (PIN), to activate the pump as a fraud prevention measure.

R. The contractor will only invoice for the fuel lifted by active Electronic Fueling Devices on a monthly basis. This will be done through Wide Area Workflow (WAWF). Contractor will verify that accounts are charged correctly under the DLA Energy contract. The Contractor may only invoice for fuel actually lifted using active EFDs.

S. The Contractor shall submit monthly invoices to the Paying Office designated in Clause F-0006 F30.01, Ordering and Paying Officers (Overseas PC&S). Invoices must list the serial numbers of the charged Electronic Fueling Device accounts. Invoices will be separated by fuel type. The property Administrator shall submit payment requests and receiving reports using WAWF.

T. All systems will pause at the end of the ordering period per Clause F4, Delivery and Ordering Periods. Systems will be replenished and activated once new Ordering and Delivery periods are entered.

U. The contractor shall invoice in U.S. dollars per U.S. gallons. Invoices shall be paid in U.S. dollars.

V. Definition of an Order: Under Turkey Electronic Fueling Device Program, The Property Administrator will issue a blanket order for the entire contract amount to be delivered, which shall serve as an authorization for individual orders to be placed. After the beginning of the delivery period, the issuance of an individual order occurs at the time an Electronic Fueling Device is used to lift fuel from the Contractor’s retail service pump.

W. Contractor will be able to provide Ad-hoc or customized reports in coordination with AAFES.

X. Customer should get a receipt stating station/account information at point of purchase.

Y. The approximate numbers of vehicles that will require Automated Fueling Devices are 3,000 privately owned vehicles (POVs). Please note that this figure is only an estimate and is subject to change.

B-0002 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.

(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 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 Oil Gram European Monthly Postings.

(name of publication)

[ ] (iii) The established price posted by ______________________________________________________ and (name of company) published in _________________________________________________________ (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 http://www.platts.com/ 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.energy.dla.mil/Pages/default.aspx 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 375% 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 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.

http://www.energy.dla.mil/Pages/default.aspx

(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.

I II III IV V VI VII

Name of If company - Reference Maximum price company/ name of product; Method of price payable under publication If publication - delivery as of this contract (identify heading under applicable (includes any Item No. by number which reference Location where to the (date) tax included (listed from (c)(2) price is published reference price reference (exclude in the award items) above) and name of product is applicable price all taxes price__________

0001 Platts Diesel Fuel ULSD 10 PPM Fuel Chip See Para (f) of this Clause European 10 PPM SULF (SFD) FOB Med (USD) Monthly Averages

0002 Platts Premium Unleaded Premium Unleaded European (ULG) 10ppm FOB Med Fuel Chip See Para (f) of this Clause Monthly Averages

Prices are adjusted monthly. Each month’s price adjustments are calculated based on the Platt’s European Monthly Average Prices from the previous month using the headings and products postings identified above.

The ULSD 10 PPM (diesel) average price is converted from US dollars per metric ton to US dollars per gallon using the metric ton conversion rate of 315.30 gallons per ton.

The premium unleaded gasoline average price is converted from US dollars per metric ton to US dollars per gallon using the metric ton conversion rate of 355.42 gallons per ton.

Examples of the 1 August 2014 base reference price calculations using the Platt’s European Monthly Averages from July 2014 are as follows:

Posting Product High Low Average ULSD 10 PPM Diesel Fuel 903.5109 903.0109 903.2609 ULG Prem. Unleaded 1004.2174 1003.7174 1003.9674

Metric Ton to Gallon Conversion Per Clause M55:

Diesel Fuel: 903.2609 /315.30 = $2.864766 Prem. Unleaded: 1003.9674/355.42 = $2.824735

(DLA ENERGY 52.216-9F24)

C-0001 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).

(DLA ENERGY 52.246-9FT5)

C-0002 C16.25-3 FUEL OIL, DIESEL (DT2) (DLA ENERGY AUG 2010)

Diesel fuel oil DT2 shall conform to the following specifications:

PROPERTY LIMITS TEST METHOD

Appearance 1/ ASTM D 4176

Polycyclic aromatic hydrocarbons, wt% 11 max. EN 12916

Density @15oC, kg/l 0.820 - 0.845 ASTM D 1298 or

ISO 12185

Flash point, oC 55 min. ASTM D 93

Cetane index, Calculated 46 min. ASTM D 976

Cold filter plugging point (CFPP) oC2/ 5 max. IP 309

- Summer

Cold filter plugging point (CFPP) oC2/ -15 max. IP 309

- Winter

Viscosity, cst @40oC 2.0 – 4.5 ASTM D 445

Water, mg/kg 200 max. ASTM D 6304 or

ASTM D 95

Particulate Matter, mg/kg 24 max. IP 415 or

ASTM D 5452

Sulfur, mg/kg 10 max ASTM D 4294, IP 336 or IP 242

Copper strip corrosion, 3 hrs @ 50oC, rating No. 1 max. ASTM D 130

Ash, wt.% 0.01 max. ASTM D 482

Carbon residue (on 10% residue), wt.% 0.30 max. ASTM D 524 or

ASTM D 4530

Distillation, % vol. recovered ASTM D 86 Recovered @ 250oC 65 max.

Recovered @ 350oC 85 min.

Recovered @ 360oC 95 min.

Oxidation Stability, g/m3 25 max ISO 12205

Lubricity, corrected (wsd) µm @ 60 degrees Celsius 460 max ISO 12156-1

NOTE

1/ Finished product shall be visually free from undissolved water, sediment, and suspended matter. Product must also be clear and bright using ASTM D 4176 at ambient temperature or 70 degrees Fahrenheit, whichever is higher.

2/ Summer: 1 April through 30 September (plus/minus 15 days); Winter: 1 October through 31 March (plus/minus 15 days).

(DLA ENERGY 52.246-

9FDR)

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

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

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

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

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

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

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

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

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

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

(i) (1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and (ii) when the supplies will be ready for Government inspection.

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

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

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

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

DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

(b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

DLAD 52.246-9029 INSPECTION AND ACCEPTANCE POINTS (APR 2010)

(a) Inspection and acceptance are:

Inspection point: [ ] Destination [X] Origin [ ] Elsewhere

Acceptance point: [ ] Destination [X] Origin

E-0001 E21.01 POINT OF INSPECTION (DLA ENERGY APR 2010)

(a) When Government inspection is deemed necessary, it shall be performed, prior to acceptance, by the office specified in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or the QUALITY REPRESENTATIVE clause of this contract, whichever is applicable.

(1) For f.o.b. origin contract items, inspection will be performed at origin.

(2) For f.o.b. destination contract items, inspection will be performed at destination.

(3) For f.o.b. destination contract items for bulk aviation fuels delivered via tank truck and tank wagon, a preliminary inspection for quality will be performed at origin.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003

(4) On contract items for delivery of drummed or packaged products, f.o.b. origin or f.o.b. destination, preliminary inspection for product quality will be performed at the point of manufacturing or blending. If the point of blending is different from the point of manufacturing of component stocks, inspection of component stocks may be performed at their point of manufacturing. Inspection for product quality, and for proper filling and packaging, may be performed at the point of filling. Final inspection will be at the f.o.b. point.

(b) When Government inspection is to be performed, the Contractor shall ensure that the responsible Inspection Office is provided with sufficient advance notification and information to facilitate such inspection. After initial notification, the Contractor shall keep the Inspection Office informed of any changes that may affect that inspection.

(DLA ENERGY 52.246-9F80)

E-0002 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JUL 2013) The following lists shall be used to identify the Government inspection office assigned inspection responsibility for DLA Energy contracts in a particular geographic area. These contracts include, but are not limited to, those for bulk petroleum products and additives, into-plane refueling, petroleum storage and laboratory services, coal, aerospace energy (including compressed gases), and posts, camps, and stations.

The area of inspection responsibility and corresponding office code are assigned in paragraphs (a) and (b). The address and phone number of each inspection office by office code is provided in paragraph (c). Unless a particular inspection office is identified in another part of the contract, the assignments in this contract provision shall apply.

(a) AREAS OF RESPONSIBILITY AND OFFICE CODES WITHIN THE CONTINENTAL UNITED STATES

(CONUS):

Alabama 110 Maine 110 Oklahoma 110 Arizona 120 Maryland 110 Oregon 120 Arkansas 110 Massachusetts 110 Pennsylvania 110 California 120 Michigan 110 Rhode Island 110 Colorado 120 Minnesota 110 South Carolina 110 Connecticut 110 Mississippi 110 South Dakota 110 Delaware 110 Missouri 110 Tennessee 110 District of Columbia 110 Montana 120 Texas 110 Florida 110 Nebraska 110 Utah 120 Georgia 110 Nevada 120 Vermont 110 Idaho 120 New Hampshire 110 Virginia 110 Illinois 110 New Jersey 110 Washington 120 Indiana 110 New Mexico 120 West Virginia 110 Iowa 110 New York 110 Wisconsin 110 Kansas 110 North Carolina 110 Wyoming 120 Kentucky 110 North Dakota 110 Louisiana 110 Ohio 110

EXCEPTIONS:

(1) The El Paso, Texas, area is assigned to Code 120 (DLA Energy Americas – West).

(2) The Newcastle, Wyoming, area is assigned to Code 110 (DLA Energy Americas – East).

(b) AREAS OF RESPONSIBILITY AND OFFICE CODES OUTSIDE THE CONTINENTAL UNITED STATES

(OCONUS) (INCLUDING ALASKA AND HAWAII):

Afghanistan 400 Cyprus 200 Malaysia 300 Singapore 300 Africa 200 1 Egypt 4001 Maldives 300 South America 110 Alaska 300 Europe (Continental) 200 Malta 200 South Korea 300 Antarctica 300 Georgia 200 Mauritius 200 Sri Lanka 300 Armenia 200 Greenland 200 Mexico 110 Syria 400 Ascension Island 110 Hawaiian Islands 300 Midway Island 300 Taiwan 300 Australia 300 Hong Kong 300 Mongolia 300 Tajikistan 400 Azerbaijan 200 Iceland 200 Myanmar 300 Thailand 300

Azores 200 India 300 Nepal 300 Turkey 200 Bahrain 400 Indonesia 300 New Zealand 300 Turkmenistan 400 Bangladesh 300 Ireland 200 North Korea 300 United Arab Bermuda 110 Iran 400 Oman 400 Emirates 400 Bhutan 300 Iraq 400 Pacific Islands United Kingdom 200 Brunei 300 Israel 200 (Central & South) 300 Uzbekistan 400 Cambodia 300 Japan 300 Pakistan 400 Vietnam 300 Canada 110/120 2 Jordan 400 Papua New Guinea 300 Wake Island 300 Canary Island 200 Kazakhstan 400 Philippines 300 Yemen 400 Caribbean Islands 110 Kuwait 400 Qatar 400 Central America 110 Kyrgyzstan 400 Russia 200 Chagos Archipelago 300 Laos 300 Ryukus Islands, Japan 300 China 300 Lebanon 400 Saudi Arabia 400 Comoros 200 Madagascar 200 Seychelles Is. 420

1 Except for Egypt, which is assigned to DLA Energy Middle East (Code 400), all other countries in Africa fall under DLA Energy Europe (Code 200).

2 The provinces of Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, Nova Scotia, and Prince Edward Island are assigned to DLA Energy Americas East (Code 110). The rest of Canada falls under DLA Energy Americas West (Code 120).

(c) INSPECTION OFFICES AND CODES.

110. DLA Energy Americas East ATTN: Quality Manager 3

Federal Building, Room 1005 2320 LaBranch Street Houston, TX 77004-1091 Phone: (713) 718-3883, ext. 162/161/160

FAX: (713) 718-3891

120. DLA Energy Americas West ATTN: Quality Manager 3

3171 N Gaffey Street San Pedro, CA 90731-1099 Phone: (310) 241-2806/2807

FAX: (310) 241-2836

200. DLA Energy Europe and Africa

Military Mailing Address:

DLA Energy Petroleum Lab ATTN: Quality Manager 3

CMR 422

APO AE 09067-0422

Phone: 49-631-3406-2285/2286 4

FAX: 49-631-3406-2289 4

Commercial Shipping Address:

DLA Energy Petroleum Lab ATTN: Quality Manager

Bldg. 320, Rhine Ordinance Barracks Am Opelkreisel 67663 Kaiserslautern, Germany

300. DLA Energy Pacific

1025 Quincy Avenue, Building 479, Suite 2000 Pearl Harbor, HI 96860-4512 Phone: (808) 473-4307/4287

FAX: (808) 473-4232

400. DLA Energy Middle East

PSC 851, Box 180

FPO AP 09834-2800

Phone: 973-17-85-6493 4

FAX: 973-17-85-4650 4

[Location: Bahrain]

3 Designated location of the DLA Energy Regional Quality Manager/Pre-Award Survey Monitor.

4 Dial 011 before these numbers when calling from the U.S. When calling these numbers from outside the U.S., use the appropriate international long distance prefix for the country where the call originates.

(DLA ENERGY 52.246-9F40)

E-0003 E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

The Quality Office assigned inspection responsibility under this contract is DLA ENERGY-Q QUALITY/TECH SUPPORT.

(DLA ENERGY 52.246-9F35)

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

(a) DEFINITION: As used in this contract provision:

Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract.

Extraordinary situation means the matter cannot await resolution until the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded).

Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method. Approval is on a case-by-case basis and is normally for a set period of time.

(b) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(c) The following procedures shall be used to request a deviation or waiver.

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or QUALITY REPRESENTATIVE contract provision of this contract. Each request shall provide the following information: Contractor name; name and contact information of the contractor’s authorized negotiator; contract number; contract line item number and product nomenclature, clause or contract provision number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and an agreement to pay an equitable price reduction, estimated and proposed by DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy relative to approval of the deviation or waiver.

(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (571) 767-8420.

(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted.