Final_Puerto Rico Solicitation SPE605-21-R-0218.pdf

PURCHASE PROGRAM 3.11

POSTS, CAMPS AND STATIONS (PC&S) RFP# SPE605-21-R-0218

Source Selection Information - See FAR 2.101 and 3.104

INFORMATION TO OFFERORS

COVER SHEET

SOLICITATION: SPE605-21-R-0218 (PUERTO RICO POSTS CAMPS AND STATIONS (PC&S))

PROGRAM NUMBER 3.11

PART: U.S. Government Procurements

SUBPART: Supplies, Equipment, and Material

CLASS CODE: 91 – Fuels, Lubricants, Oils and Waxes

PERIOD OF PERFORMANCE: October 01, 2021 through September 30, 2024

ISSUING OFFICE:

Defense Logistics Agency (DLA) Energy

ATTN: DLA ENERGY-FEPBB

Matthew Womer 8725 John J. Kingman Road, Suite 4950 Fort Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

Jet Fuel Type A (JAA), Gasoline, Reg UNL(MUR), Ultra Low Sulfur Diesel (DS2), and Red-Dyed Ultra Low Sulfur Diesel (DSS) for Department of Defense and Federal Civilian Agencies in Puerto Rico.

DLA ENERGY POINTS OF CONTACT FOR INFORMATION:

MATTHEW WOMER PAULA MEJIA ZULMA IRIZARRY

(571) 767-9543 (571) 767-0372 (571) 767-8251

MATTHEW.WOMER@DLA.MIL PAULA.MEJIA@DLA.MIL ZULMA.IRIZARRY@DLA.MIL

LAWRENCE WATSON

(571)767-9546

LAWRENCE.WATSON@DLA.MIL

WEB ADDRESS: https://www.dla.mil/Energy

PROPOSAL DUE DATE AND TIME: JUNE 15, 2021, 3:00PM EASTERN TIME, FT. BELVOIR, VA

LOCAL TIME.

mailto:Zulma.Irizarry@DLA.MIL https://www.dla.mil/Energy

Source Selection Information - See FAR 2.101 and 3.104

SPECIAL INSTRUCTIONS FOR OFFERORS

I. GENERAL INFORMATION

A. DESCRIPTION: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

B. REGULATIONS: This Solicitation incorporates provisions & clauses in effect through the Federal Acquisition Circular (FAC) 2021-05 Effective March 10, 2021; Defense Federal Acquisition Regulation Supplement (DFARS) Effective February 24, 2021; Defense Logistics Agency Directive (DLAD) Effective January 28, 2021, and DLA Energy Procurement Instruction (DEPI) effective March 2021. The text of the referenced clauses and provisions in this solicitation may be accessed electronically in full text at https://www.acquisition.gov/ and https://www.acquisition.gov/dlad.

C. SOLICITATION NUMBER: Solicitation Number SPE605-21-R-0218 is issued as a Request for Proposals

(RFP).

D. SET ASIDES

The Puerto Rico 3.11 Purchase Program solicitation consists of a total of 48-line items. Of this amount, 26 line items are set aside for small business concerns, five line items are set aside for service disabled veteran owned small business (SDVOSB) concerns, and the remaining 17 line items will be procured on an unrestricted basis. Attachment (B), “Line Item Sourcing” provides a breakout of the small business set-aside, SDVOSB set-aside, and unrestricted line items.

All line items in this solicitation fall under the North American Industrial Classification System (NAICS) code 324110 for Petroleum Refineries. To qualify as a small business for this solicitation, the firm, including its affiliates, must be a concern that has either no more than 1,500 employees or produces no more than 200,000 barrels per calendar day total Operable Atmospheric Crude Oil Distillation capacity. Capacity includes all domestic and foreign affiliates, all owned or leased facilities, and all facilities under a processing agreement or an arrangement such as an exchange agreement or a throughput. To qualify under the capacity size standard, the firm, together with its affiliates, must be primarily engaged in refining crude petroleum into refined petroleum products. A firm's “primary industry” is determined in accordance with 13 C.F.R.

§ 121.107. Offerors that propose to furnish an item that it did not itself manufacture, but wish to be considered for a set-aside award, must comply with 13 C.F.R. § 121.406.

FAR 52.219-7 (Deviation 2020-O0008), Notice of Partial Small Business Set-Aside (Deviation 2020-O0008) applies to the 26 line items set-aside for small business concerns.

SDVOSB SET ASIDES:

Offerors are advised that the Small Business Administration had waived non-manufacturer for all five line items set-aside for SDVOSBs FAR 52.219-27 (Deviation 2020-O0008), NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (MAR 2020) applies to the five line items, supplying https://www.acquisition.gov/ https://www.acquisition.gov/dlad

U.S. Department of Veterans Affairs (VA) locations, set aside for SDVOSBs. Any company submitting an offer for these line items must be listed on the VA’s Center for Verification and Evaluation (CVE) website, at https://vip.vetbiz.va.gov/, as a verified SDVOSB at the time of proposal submission.

E. SCHEDULE: The description, quantities, locations, delivery hours, equipment, and other details required for this solicitation are listed in Attachment (A), “Schedule.”

F. PRE-AWARD SURVEY: DLA Energy may conduct pre-award surveys to determine responsibility.

G. QUESTION AND ANSWER PERIOD: To encourage maximum participation, a question-and-answer period has been established. Starting from the issue date of this solicitation to June 10, 2021 3:00p.m.

Eastern, Ft. Belvoir, VA local time, all potential offerors may ask any and as many questions as they may need to fully participate and respond to all the listed line items included in Attachment (A). No further questions will be received after the above-stated date and time. All questions shall be submitted to all individuals listed: Matthew.Womer@dla.mil, Paula.Mejia@dla.mil, and Zulma.Irizarry@dla.mil. Questions will be consolidated and answered via official amendment(s) to the solicitation. Extensions of the closing date to an open solicitation are at the sole discretion of the Contracting Officer and will be issued via an amendment, if applicable.

H. PLACING ORDERS: In accordance with F1.11, “DLA Internet Bid Board System (DIBBS) (DLA

ENERGY) (APR 2014),” the Contractor shall use DIBBS to receive orders. Contractors must register in DIBBS prior to offer submission. To obtain an account, visit https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. All contractors must have an active System for Award Management (SAM) account, https://www.sam.gov/SAM/, in order to register for DIBBS, and prior to offer submission.

I. ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Offerors shall refer to the escalators stated for each line item in Attachment (A), and to Contract Text B19.19, “Economic Price Adjustment - Petroleum Product Price, Post, Camp, and Station (PC&S) (DLA Energy JUNE 2017).” NO

ALTERNATIVE PRICE ESCALATORS, OTHER THAN THOSE STATED IN ATTACHMENT (A),

WILL BE ACCEPTED. Offerors MUST use the publication listed for each line item schedule as the escalation reference for their offer prices. The base reference date for all line items in this solicitation is April 12, 2021. After award, the contract price for all line items will escalate/de-escalate daily in accordance with the economic price adjustment clause based upon the prescribed escalation publication referenced in the Attachment (A). Price changes are not based on product cost or vendor profit margin. After award DLA Energy will provide updated contract prices on the DLA Energy homepage at https://www.dla.mil/energy.

J. ORDERING PERIOD: The ordering period for contract(s) awarded under this solicitation will be October

1, 2021 through September 30, 2024. Quantities stated represent the government’s best estimates covering the entire ordering period.

K. CONTRACT TYPE: Contract(s) awarded as a result of this solicitation will be Fixed Price Requirements contracts with Economic Price Adjustment. Please refer to FAR 52.216-1, “Type of Contract (APR 1984),” and FAR 52.216-21, “Requirements (OCT 1995).”

II. OFFER SUBMISSION AND EVALUATION INFORMATION

A. CLOSING DATE:

This is an open continuous solicitation with successive closing dates for DLA Energy Posts, Camps and Stations (PC&S) Purchase Program 3.11, Puerto Rico requirements. The first closing date is June 15, 2021, mailto:Matthew.Womer@dla.mil mailto:Paula.Mejia@dla.mil https://www.sam.gov/SAM/ https://www.dla.mil/energy and is for the 48 Contract Line Items (CLINs) contained in this first closing. Solicitation No. SPE605-21-R- 0218 has an ordering period from October 1, 2021 through September 30, 2024. The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers. (Ref: FAR 52.212-1).

The Government anticipates receiving new requirements throughout the performance period. Therefore, solicitation SPE605-21-R-0218 will remain open until September 30, 2024, for any new CLINs to be solicited. As new requirements are received, the Government will issue amendment(s) to the solicitation, with new closing dates for the new requirements, and afford all offerors an opportunity to compete for the new CLINs.

B. LATE OFFERS: Offers must be received by JUNE 15, 2021, 3:00 PM EASTERN TIME, FT. BELVOIR, VA LOCAL TIME. Any offer received after 3:00 PM will be considered “Late” and may be determined to be unacceptable. (See FAR 52.212-1).

C. PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to FAR 52.212-1, “Instructions to Offerors—

Commercial Items (MAR 2020),” Offerors agree to honor prices indicated in their offer for 180 calendar days from the date specified for receipt of offers.

D. ACKNOWLEDGEMENT OF AMENDMENTS: OFFERORS MUST ACKNOWLEDGE RECEIPT OF

ANY AMENDMENTS TO THIS SOLICITATION. To do this, complete Block 8, 15A, signing 15B, 15C, and returning one (1) copy of each amendment issued.

E. OFFER ENTRY TOOL: All offer prices shall be submitted through the PC&S Offer Entry Tool

(OET). All other information required by the solicitation shall be submitted by email to Matthew.Womer@dla.mil, Paula.Mejia@dla.mil, and Zulma.Irizarry@dla.mil.

Information regarding OET is as follows:

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

ii. Please use Attachment (C), “AMPS Snapshot: User Registration-External Users,” to obtain an AMPS account if you do not already have one.

iii. Once the AMPS registration process is complete, access AMPS with your username and password to request access to the PC&S Ground Vendor Role OET-100. You will be notified by email once your OET access is granted.

iv. You will be able to request access to OET through AMPS. Please refer to Attachment (D) titled, “Requesting the OET Vendor Role in AMPS,” for instructions on requesting an OET vendor role.

v. After you obtain access to OET, you will be able to select a solicitation to offer on and submit your offer prices via OET using the instructions in Attachment (E) titled, “PC&S OET Vendor Guide.”

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

mailto:Matthew.Womer@dla.mil mailto:Paula.Mejia@dla.mil https://amps.dla.mil/ mailto:DLAEnterpriseHelpDesk@dla.mil

vii. In the event of technical issues on the part of OET that prevent an offeror from successfully entering offer pricing in OET, the offeror must immediately notify all Government’s Points of Contact via email to Matthew.Womer@dla.mil, Paula.Mejia@dla.mil, and Zulma.Irizarry@dla.mil to request allowance for an offeror’s manual offer submission. Nevertheless, the offerors are still responsible for entering offer data in OET upon its return to the fully functioning state.

viii. For further instructions on OET and AMPS, please see the following attachments:

a. Attachment C: AMPS Snapshot: User Registration-External Users

b. Attachment D: Requesting the OET Vendor Role in AMPS

c. Attachment E: PCS OET Vendor Guide

F. TAX AND FEE INFORMATION: Offerors are responsible for ensuring ALL applicable taxes and fees are included in their offer price.

INCLUDE: Any State and Local environmental, oil spill taxes, and inspection fees shall be included in your offer prices, unless an exemption applies.

Offerors are responsible for confirming the applicability of taxes and tax rates with the state or local tax authorities. Offerors are advised that offer prices shall include FET and all other applicable taxes and fees and all other costs arising from contractor's performance of the contract, where no U.S. Government or Department of Defense exemption applies. Offerors shall not include in their offer price any tax for fee form which the U.S. Government or Department of Defense is exempt. Offer price should be a unit price per gallon.

NOTE: Offerors shall not include any percentage-based taxes in the unit prices entered into OET. If the Offeror determines that a percentage-based tax applies, from which the U.S. Government is not exempt, Offerors must, instead, state in the “Notes” section in OET that a percentage-based tax applies to that particular line item. In the “Notes” section, offerors shall state the name of the percentage-based tax and the percentage amount that applies.

Offerors shall only include taxes in the unit prices entered into OET that can be expressed in dollars or cents on a per gallon basis (e.g., FET at $0.184 per gallon for gasoline).

G. AWARD WITHOUT DISCUSSIONS: Offerors are directed to FAR 52.212-1, “Instructions to Offerors – Commercial Items (MAR 2020).” While the Government intends to evaluate proposals in accordance with FAR 15.101-2, Lowest Price Technically Acceptable source selection process and award a contract without discussions, it reserves the right to conduct discussions if determined by the Contracting Officer to be necessary. Offerors are advised to submit their best prices with their initial offer.

H. COMPETITIVE RANGE: If discussions are conducted, the government reserves the right to limit, for purposes of efficiency, the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. If the Contracting Officer decides that an Offeror's proposal should no longer be included in the competitive range, the proposal shall be eliminated from consideration for award. A written notice of the decision shall be provided to the unsuccessful offeror in accordance with FAR 15.503. If discussions are held, they will be held with the authorized negotiators identified in Contract Text K33.01.

mailto:Matthew.Womer@dla.mil mailto:Paula.Mejia@dla.mil

Source Selection Information - See FAR 2.101 and 3.104

I. EACH LINE ITEM IS SEPARATELY PRICED AND EVALUATED: Each line item in this solicitation is a separate requirement. Each line item will be evaluated and awarded independently from all other line items.

J. EVALUATION: Proposals will be evaluated in accordance with FAR 52.212-2, Evaluation – Commercial Items (OCT 2014) and FAR 15.101-2 Lowest Price Technically Acceptable Source Selection Process. Each line item will be evaluated and awarded separately. 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 offer unacceptable and preclude it from any further consideration. Offerors shall ensure that the information contained in their proposals is factual, accurate, and complete. (PLEASE REFER TO

SECTION L – FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (MAR 2020)

and SECTION M - FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)).

K. SYSTEM FOR AWARD MANAGEMENT (beta.SAM): Registration in beta.SAM is required prior to receipt of initial proposal. Beta.SAM is an official U.S. Government system and remains the authoritative source for entity information. All offerors are required to be registered in this system. Contractors register one time and annually confirm that their beta.SAM registration is complete and accurate. There is NO fee to register in this site. Note: NAICS Code 324110 for Petroleum Refineries MUST be listed in the offeror’s beta.SAM registration under the “NAICS Codes Selected” section.

Offerors may obtain information on registration and annual confirmation requirements at:

https://beta.sam.gov/ Hours of Operation Monday - Friday 8 a.m. to 8 p.m. ET

U.S. calls: 866-606-8220

L. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Ensure your company’s CAGE code is located within your offer letter on company letter head.

M. DUNS NUMBER: Ensure your company’s Data Universal Numbering System (DUNS) is located within your offer letter on company letter head.

N. NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF AWARD WAS

SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF A CONTRACT WITH GOVERNMENT

AGENCIES OR IN RECEIPT OF PROPOSED DEBARMENT FROM ANY GOVERNMENT AGENCY IS

VOIDABLE AT THE OPTION OF THE GOVERNMENT.

O. POINTS OF CONTACT:

Points of contact for information regarding this solicitation are:

Matthew Womer Paula Mejia Contract Specialist Contract Specialist

(571) 767-9543 (571) 767-0372 Matthew.Womer@dla.mil Paula.Mejia@dla.mil

Zulma Irizarry Contract Specialist

(571) 767-8251 Zulma Irizarry@dla.mil https://beta.sam.gov/ mailto:Zulma%20Irizarry@dla.mil

P. SUMMARY OF OFFER REQUIREMENTS:

In addition to meeting the offer submission requirements of FAR 52.212-1, offerors shall do the following:

1. Offerors shall be registered in the following systems:

a. System for Award Management (beta.SAM) at https://beta.sam.gov/ b . Wide Area Work Flow (WAWF) at https://wawf.eb.mil/ (which includes MyInvoice)

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

REGISTRATION IN THESE SYSTEMS IS REQUIRED BY THE OFFER SUBMISSION DUE

DATE AND TIME.

2. Offer prices must be submitted through the PC&S OET web tool.

3. The remainder of the offer, to include the OSP and all of the documents listed below must be emailed to Matthew.Womer@dla.mil, Paula.Mejia@dla.mil, and Zulma.Irizarry@dla.mil by the offer submission due date and time.

4. Offerors shall submit a signed offer on company letterhead stationery, or as otherwise specified in the solicitation “Solicitation/Contract/Order for Commercial Items” for Solicitation SPE605-21-R-0218.

5. Offerors shall submit completed copies of all fillable clauses provided in the OSP, provided as Attachment (F).

6. Offerors must submit a specification sheet, certificate of analysis, or certificate of quality demonstrating that the offeror is capable of providing product that meets the specifications identified in Section C of the Solicitation.

7. Any company submitting an offer for the line items set aside for SDVOSBs must be listed on the VA’s Center for Verification and Evaluation (CVE) website, at https://vip.vetbiz.va.gov/, as a certified SDVOSB at the time of proposal submission.

8. Offerors shall review all offer prices submitted via PC&S OET. Offers must show as price per gallon (e.g. $0.000000), not price differentials.

9. Electronic Proposals shall be submitted in accordance with Solicitation Contract Text L2.11-4 E- MAIL PROPOSALS (DLA Energy OCT 2010). Submit proposals via email to:

Matthew.Womer@dla.mil, Paula.Mejia@dla.mil, and Zulma.Irizarry@dla.mil

10. By submitting an offer, the offeror accepts the terms and conditions of the entire solicitation and accepts that these terms and conditions are applicable to the offer unless exceptions are clearly stated within the offer.

11. All offers must comply with the instructions in FAR 52.212-1, to include paragraph (b), which requires that offerors provide the following information:

(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 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) 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.

This Space was Intentionally Left Blank

III. TABLE OF CONTENTS

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

CLAUSE NO./

PROVISION NO.

CLAUSE/PROVISION TITLE PAGE

B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY JAN 2012) 15

B19.19

ECONOMIC PRICE ADJUSTMENT - PETROLEUM PRODUCT PRICE, POST, CAMP, AND

STATION (PC&S) (DLA ENERGY JUNE 2017)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

The following clauses are contained in full text in ATTACHMENT (G), “(FUEL SPECIFICATIONS)”:

C16.08-1 TURBINE FUEL, AVIATION (JET A) (DLA ENERGY APR 2020)

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

C16.69-11 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016)

C16.69-12 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016)

SECTION E: INSPECTION AND ACCEPTANCE

The following clauses are contained in full text in ATTACHMENT (H), “CONTRACT TEXTS”:

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013)

E1.21 CONTRACTOR INSPECTION RESPONSIBILITIES (JET A/A-1) (BULK/PC&S) (DLA ENERGY FEB 2014)

E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009)

E21.01 POINT OF INSPECTION (DLA ENERGY JUN 2015)

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY APR 2016)

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY DEC 2011)

E40.01 MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA WORKFLOW (WAWF)

ENERGY RECEIVING REPORT (ERR) (BULK FUEL/DIRECT DELIVERY AVIATION FUEL) (DLA ENERGY JUL

SECTION F: DELIVERIES OR PERFORMANCE

CLAUSE NO./

PROVISION NO.

CLAUSE/PROVISION TITLE PAGE

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

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

TANK WAGONS (DLA ENERGY JAN 2012) 18

F1.09-2 DETERMINATION OF INVOICE QUANITY (PC&S) (DLA ENERGY JAN 2012) 18

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY APR 2014) 21

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

RATES (PC&S) (DLA ENERGY AUG 2005) 22

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

(DLA ENERGY APR 2005) 23

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) 23

F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DLA ENERGY MAY 2009) 23

F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND AVIATION

FUELS (DLA ENERGY OCT 1992) 23

SECTION G: CONTRACT ADMINISTRATION DATA

PROVISION NO.

CLAUSE/PROVISION TITLE

PAGE

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD

MANAGEMENT (OCT 2018) IBR

DFARS 252.225-

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017) 24

DFARS 252.232-

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(DEC 2018) 25

DFARS 252.232-

7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) 27

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 29

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017) 29

G150.06 SUBMISSION OF INVOICES FOR PAYMENT (DOMESTIC PC&S) (DLA ENERGY JAN

2012) 30

SECTION I: CONTRACT CLAUSES

PROVISION NO.

CLAUSE/PROVISION TITLE

PAGE

FAR 52.203-3 GRATUITIES (APR 1984) IBR

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(JUN 2020)

IBR

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020) IBR

FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUN 2020)

IBR

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

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) 35

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUN 2016)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

FAR 52.209-6

PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTIN WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN

2020)

IBR

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018) 39

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2021) 44

FAR 52.216-21 REQUIREMENTS - (OCT 1995) 50

FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (MAR 2020) 51

FAR 52.219-7 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (MAR 2020) (DEVIATION 2020- O0008) 52

FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018) 53

FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUN 2020) 54

SECTION I: CONTRACT CLAUSES CON’T

PROVISION NO.

CLAUSE/PROVISION TITLE PAGE

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020) 60

FAR 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE

(MAR 2020) (DEVIATION 2020-O0008) 61

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JULY 2013) IBR

FAR 52.222-3 CONVICT LABOR (JUN 2003) IBR

FAR 52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2020) IBR

FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) IBR

FAR 52.222-26 EQUAL OPPORTUNITY (SEP 2016) IBR

FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) IBR

FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) IBR

FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020) IBR

FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010) IBR

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020) IBR

FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015) IBR

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT TO KNOW INFORMATION (MAY 2011) IBR

FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (JUN 2020)

IBR

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021) IBR

FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 63

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(DEC 2013)

FAR 52.242-13 BANKRUPTCY (JUL 1995) IBR

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011) IBR

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) 64

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(NOV 2011) 64

DFARS 252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB 2019) 64

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2019) 65

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016) 69

DFARS 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021) 69

SECTION I: CONTRACT CLAUSES CON’T

PROVISION NO.

CLAUSE/PROVISION TITLE PAGE

DFARS 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020) 71

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) 73

DFARS 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016) 74

DFARS 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) - BASIC (DEC 2019) 79

DFARS 252.225-7021 TRADE AGREEMENTS – BASIC (SEP 2019) IBR

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997) 79

DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTRPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS COMCERN (APRIL 2019) 79

DFARS 252.232-7010

LEVIES ON CONTRACT PAYMENTS (DEC 2006)

IBR

DFARS 252.239-7098

PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER

NETWORK UNLESS SUCH NETWORK IS DESIGNED TO BLOCK ACCESS TO

CERTAIN WEBSITES—REPRESENTATION

DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) IBR

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS

(DOD CONTRACTS) (JAN 2021) IBR

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (FEB 2019) 81

DLAD 5452.233-9001 DISPUTES - AGREEMENTS TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2020) 84

I1.01 DEFINITIONS (DLA ENERGY JUN 2009) 84

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS

(DLA ENERGY FEB 1996) 85

I28.01 FEDERAL, STATE AND LOCAL TAXES (DEVIATION) (DLA ENERGY NOV 2011) 85

I28.02-2 FEDERAL, STATE, AND LOCAL TAXES AND FEES (DLA ENERGY DEC 2019) 86

I28.03-1 TAX EXEMPTION CERTIFICATES (DLA ENERGY AUG 2003) 87

I86.03 DELIVERY ORDER LIMITATIONS (PC&S) (DLA ENERGY JAN 2012) 87

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA

ENERGY FEB 2009) 88

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) 88

THE FOLLOWING ATTACHMENTS ARE INCLUDED IN THIS SOLICITATION:

SECTION J: LIST OF ATTACHMENTS

ATTACHMENT DESCRIPTION

A Schedule B Line Item Sourcing C AMPS Snapshot: User Registration-External Users D Requesting the OET Vendor Role in AMPS E PCS OET Vendor Guide F Offeror Submission Package (OSP) G Section C (Fuel Specifications) H Section E Contract Texts

SECTION K: REPRESENTATIONS AND CERTIFICATIONS

PROVISION NO.

CLAUSE/PROVISION TITLE PAGE

FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) 89

FAR 52.204-24

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) 89

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (OCT 2020) 91

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 92

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (FEB

2021) 93

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

REPRESENTATION – BASIC (DEC 2019) 110

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES – REPRESENTATION (DEC

2019)

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE—BASIC (NOV 2014) 111

DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO

REGIME (DEVIATION 2020-O0005) 111

K1.01-12 SMALL BUSINESS PROGRAM NOTICE (DLA ENERGY JAN 2012) 112

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 112

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 112

K150 WIDE AREA WORKFLOW (DLA ENERGY MAY 2014) 112

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

PROVISION NO.

CLAUSE/PROVISION TITLE PAGE

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 113

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) 114

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2020) 115

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 118

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 119

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016)

DFARS 252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020) 119

DFARS 252.215-7008 ONLY ONE OFFER (JUL 2019) 121

DFARS 252.219-7000 ADVANCING SMALL BUSINESS GROWTH (SEP 2016) 121

DLAD L06 AGENCY PROTESTS (DEC 2016) 122

DLAD L11 SMALL BUSINESS PROGRAM REPRESENTATIONS (AUG 2017) 122

L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 122

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 122

L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE

DELIVERY OF PRODUCT (PC&S) (DLA ENERGY JAN 2012) 123

SECTION M: EVALUATION FACTORS FOR AWARD

PROVISION NO.

CLAUSE/PROVISION TITLE PAGE

FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) 124

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

IBR= Incorporated by Reference

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (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 clause.

(b) All items of this contract call for delivery f.o.b. destination unless the item otherwise specifies. The destination for each item is the point of delivery shown in the particular item.

(c) Written telecommunication (facsimile) is authorized for transmittance of a properly completed order. In an emergency, oral orders may be issued but must be confirmed in writing by an order within 24 hours.

(d) If any gasoline items are included in this document, they may require oxygenated fuel as a result of changes in environmental laws.

(e) Offers shall not be submitted for quantities less than the estimated quantities specified for each line item. Any offers received for less than the full quantity for each line item will be rejected by the Government.

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY

See Attachment A – SCHEDULE

B19.19 ECONOMIC PRICE ADJUSTMENT - PETROLEUM PRODUCT PRICE, POST, CAMP, AND STATION

(PC&S) (DLA ENERGY JUNE 2017)

(a) Warranties: The Contractor warrants that—

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

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

(b) Definitions: As used throughout this contract text, the term--

(1) Base price means—

(i) The unit price offered for an item and included in the contract award schedule; or

(ii) During any subsequent program year, either the effective contract price as of the start of the subsequent program year, or the price agreed upon as of the start of the subsequent program year.

(2) Base reference price means the reference price for an item as published on April 12, 2021. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the reference price for an item as published on the date nearest in time prior to the date shown.

(3) Reference price means that published reference price or combination of published reference prices for price adjustment of individual items by product, market area, and publication as specified in (f) below.

(4) Date of delivery means—

(i) For tanker or barge deliveries.

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

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

(ii) For all other types of deliveries: The date product is received on a truck-by-truck basis.

(5) Published means issued in either printed or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the price set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail unless otherwise specified in (c) below.

(c) Adjustments: Contract price adjustments shall be provided via notification through contract modifications and/or posting to the web page under the heading Vendor Resources and then Product Price Adjustments to reflect any price change pursuant to this contract text.

(1) Calculations: The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fraction thereof, that the daily reference price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places.

Oil price information service (OPIS): For all items employing OPIS, the reference price in effect on the date of delivery shall be the end of day OPIS rack average effective (6:00 p.m. timestamp) that day. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

Other publications: Except for items employing OPIS, the reference price in effect on the date of delivery shall be that item's preselected reference price that is in effect the date of delivery. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

(2) Revision of published reference price: In the event—

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

(ii) 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 adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the reference price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract.

(3) Failure to deliver: Notwithstanding any other wording of this contract text, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions - Commercial Items clause of this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(4) Upward ceiling on economic price adjustment: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment texts shall not exceed 587 percent (%) of the of the base price in any applicable program year, except as provided below.

If at any time the Contractor has reason to believe that within the near future a price adjustment under the wording of this contract text will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with an appropriate explanation and documentation as required by the Contracting Officer.

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.

(d) Examination of records: The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the wording of this contract text.

(e) Final invoice: The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract text.

(f) Publications. The following publication(s) is (are) used: Publications/Escalators can be found in Attachment (B).

ALSO SEE ATTACHMENT (A) “SCHEDULE” for price escalators for each line item.

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

SEE ATTACHMENT (G) FOR ALL FUEL SPECIFICATION CONTRACT TEXTS

SECTION E: INSPECTION AND ACCEPTANCE

SEE ATTACHMENT (H) FOR ALL INSPECTION AND ACCEPTANCE CONTRACT TEXTS

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 – VARIATION IN QUANTITY (APR 1984)

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

(b) The permissible variation shall be limited to:

___10________ Percent increase

__ 10_________ Percent decrease

This increase or decrease shall apply to EACH DELIVERY ORDER ISSUED UNDER THE CONTRACT.

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

WAGONS (DLA ENERGY JAN 2012)

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

(a) F.O.B. ORIGIN. On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b.

transport truck, truck and trailer, or tank wagon—

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

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

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

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

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

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

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

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

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

(5) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility, the Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

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

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

(i) The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to reasonably assure that delivery can be made without damage to vegetation and asphalt pavement adjacent to storage facilities being filled. The Contractor’s delivery personnel who have not exercised reasonable care and delivery equipment that is poorly maintained may be refused entrance to the installation by the installation Commander.

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

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

(a) QUANTITY. The quantity of supplies furnished under this contract shall be determined as follows:

(1) F.O.B. DESTINATION.

(i) DELIVERIES BY TANKER OR BARGE.

(A) On items requiring delivery on an f.o.b. destination basis by tanker or barge, the quantity shall be determined on the basis of--

(1) Calibrated meters on the receiving tank system; or

(2) Receiving tank measurements.

(B) All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(ii) DELIVERIES BY RAIL TANK CAR.

(A) On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government’s option) on the basis of--

(1) Calibrated meter on the receiving tank system;

(2) Weigh, using calibrated scales at the receiving location; or

(3) Receiving tank measurements.

(B) All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(iii) DELIVERIES BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON.

(A) If the narrative requires a tank wagon (which is always equipped with a meter), that meter shall be used to determine quantity at time of delivery. The quantity shall be read directly from the meter. On items requiring delivery on a f.o.b. destination basis by tank truck or truck and trailer, quantity shall be determined in the following order of preference:

(1) Calibrated meter on the receiving tank system

(2) Calibrated meter on the conveyance

(3) Weight using calibrated scales at the receiving location.

(4) Loading rack meter ticket. The ticket must be generated at the time of loading and be based on a calibrated loading rack meter. The loading rack ticket shall be mechanically annotated with the gross and net gallons (or gross and net liters), the observed and corrected API gravity (or density), and the temperature at which the product was measured.

(5) Receipt tank measurements (as identified in the Schedule).

(B) All quantities, other than delivery by tank wagon, shall be converted, either mechanically or manually, to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(C) If a loading rack meter ticket is used to determine quantity for a biodiesel blend, the quantity shall be converted to net (volume corrected) gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). The Contractor shall prepare separate loading rack meter tickets for the diesel portion and for the biodiesel blend stock B100 (the industry designation for pure biodiesel), hereinafter referred to as the B100 portion of the load. The B100 loading rack meter shall be recorded at gross (ambient) temperature when the loading meter is not capable of providing a net (volume corrected) quantity. The total shall be the sum of the net diesel and gross B100. When the B100 loading rack meters are capable of providing a net (volume corrected) quantity, the total receipt quantity shall be the sum of the net diesel and the net B100.

(2) F.O.B. ORIGIN. All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(i) DELIVERIES INTO TANKER OR BARGE. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tanker or barge, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) Calibrated meter; or

(B) Shipping/shore tank measurement.

(ii) DELIVERIES INTO RAIL TANK CAR. On items requiring delivery at the Contractor’s refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor’s option) on the basis of--

(A) Certified loading rack meter;

(B) Weight, using calibrated scales; or

(C) Certified capacity tables for the rail tank car.

(iii) DELIVERIES BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON.

(A) On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor's option) on the basis of--

(1) Calibrated loading rack meter;

(2) Weight, using calibrated scales; or

(3) Certified capacity tables of the conveyance loaded.

(B) WATER BOTTOMS.

(1)…