Attachment_2_FPA_Template.docx

Non-U.S. Government Fuel Purchase Agreement (FPA)DLA Energy Office Use Only:

This agreement is effective from ___________________ to ____________________ Standard Price: ☐ Cost Plus: ☐ Initial: ______

This Agreement is between the Defense Logistics Agency Energy (DLAE) (“Seller” or “Government”) and Click here to enter text., its successors and assigns (“Purchaser”).

General Information This Fuel Purchase Agreement is an (a):

☐ Initial Requirement ☐ Renewal (Please enter assigned DoD Activity Address Code):

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The Purchaser will use the fuel in support of (please check all that apply and provide additional information as requested):

☐ U.S. Government Contractor:

Please describe the sponsoring organization.

Department/Agency Click here to enter text.

Office Admin DoDAAC: Click here to enter text.

Contract Number(s) (Attach list if necessary): Click here to enter text.

Contract type(s) (e.g., contracted fueling services, transient aircraft parking services, grounds maintenance, space launch operations, etc.): Click here to enter text.

Department/Agency Point of Contact Name and Phone Number:

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☐ Other Specify: Click here to enter text.

DEFENSE LOGISTICS AGENCY

ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6222

1 | Page of 5 Attachment 2

The Purchaser desires to purchase the following fuel (please check all that apply):

☐Aviation Fuel ☐ Ground Fuel ☐ Marine Fuel

For Aviation Fuel: Do you require DoD Fuel Identaplate (DD Form 1896)? Yes ☐ No ☐ (If Yes, DLA Energy will provide a blank Fuel Card Request Form).

DLA Energy issues DoD Fuel Identaplates to identify the billable account for specific aircraft using military facilities. We use this form to confirm the aircraft model/series and tail numbers authorized fuel under the contract. The Contracting Officer must validate and sign the completed Fuel Card Request Form. The Purchaser is required to mail Identaplates back to DLA Energy when the contract expires or the FPA is no longer valid.

For Ground Fuel: Do you require a Vehicle Identification Link (VIL) Key? Yes ☐ No ☐ The VIL key is an electronic key used to authorize dispensing of ground fuel from unmanned military service stations. The VIL key identifies that the vehicle is an authorized customer with a valid account. The base fuel office issues and manages VIL keys. The customer will need to complete a VIL Key Request Form with the base fuel office. Submit the completed VIL Key Request Form and a copy of the signed Fuel Purchase Agreement to the base fuel office to obtain ground fuel.

The Purchaser expects to purchase fuel at the following Department of Defense or US Government location(s): Click here to enter text or add an additional sheet.

Purchaser Operational Address Click here to enter text.

Purchaser Ship to Address Click here to enter text.

Purchaser Billing Address Click here to enter text.

Purchaser POC for renewal of this FPA; name, phone number and e-mail address:

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Purchaser financial point of contact, name, phone number and e-mail address:

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Terms and Conditions

Purpose: This Agreement does not obligate the Government or otherwise guarantee the Purchaser right to land at or enter any particular Department of Defense (DoD) installation, even if identified above. The right to land at or enter a DoD installation is within the control and authority of the individual installation commander, not DLA Energy. This Agreement merely establishes that Purchaser has permission to purchase Defense Working Capital Fund (DWCF) fuel at DoD locations where the DoD installation commander approves entry on the installation.

Authority: Purchaser represents that it has the full authority to enter into this agreement and to consummate the transactions intended by this agreement, and no other consent to do so is required.

Fuel Use: Purchaser warrants that use of fuel purchased from Seller is to support only the performance of a U.S. Government contract or other approved use listed on this FPA. Failure to abide by this requirement may result in cancellation of this Agreement, as well as other civil, administrative, or criminal penalties. Purchaser shall not resell fuel purchased under this Agreement without written authorization from Seller unless the Purchaser is obtaining fuel on behalf of a U.S. Government agency and is invoicing that agency under the terms and conditions of that U.S. Government agency.

Cost Reimbursement: If the Purchaser is obtaining fuel on behalf of a U. S. Government agency, Purchaser warrants that billing of fuel purchased from Seller to the U.S. Government contractor or sponsoring agency shall not exceed the purchase price paid under this Agreement (see below), with exception of overhead or other similar charges approved and authorized by the U.S. Government contractor or sponsoring agency. Failure to abide by this term may subject the Purchaser to civil, administrative, or criminal penalties.

Purchase Price: Product sales are in United States Gallons (USG). The purchase price shall be:

1) DoD Contractors: DoD Standard price in effect on the day of delivery regardless of the location or mode of delivery.

2) Non-DoD Contractors:

a. Fuel delivered by a DLA Energy contractor to the Purchaser’s location will be billed at DLA Energy’s contracted delivery cost plus a surcharge. Unique requirements may require additional reimbursement and surcharges to recover our costs.

b. Fuel obtained from DLA Energy inventory at a military base will be billed at the Moving Average Price of DLA Energy inventory plus a surcharge.

Payment Terms: Purchaser shall remit payment within 30 days from the date of invoice issue (“invoice date”) by the Defense Finance and Accounting Service, Columbus, Ohio (DFAS-CO). Prices generally include Federal taxes and fees that Purchaser is required to pay with respect to the purchase of fuel covered by this Agreement, unless the Purchaser provides appropriate tax exemption documentation to DLA Energy when this agreement is established. Prices do not include any state/local taxes or fees and Purchaser is solely responsible for remitting such taxes/fees directly to the appropriate authority.

If Purchaser does not remit payment to Seller within 30 days from the invoice date, the account becomes delinquent and Seller may revoke Purchaser credit and/or fuel purchase privileges immediately and without prior notice to Purchaser. In the event of credit revocation, payment for fuel purchases at a U.S. Military Facility is restricted to cash, company check, or wired payment prior to arrival at the facility. Upon revocation of fuel purchase privileges, Purchaser shall not purchase DWCF fuel at any U.S. Military or Contracted Facility.

Purchaser understands that Seller shall take all available measures to obtain fuel purchase payment in the event Purchaser account becomes delinquent. This includes, but is not limited to, offsetting or recouping delinquent payments against payments due to Purchaser from any U.S. Government entity.

Taxes: To qualify for tax exemption, Purchaser shall provide applicable tax exemption certificates with the agreement in advance of the fuel purchase. Purchaser may use the tax exemption templates developed by Seller to ensure timely posting of Purchaser tax entitlement. Templates are located on the Seller home page: http://www.dla.mil/Energy/Business/TaxAndExemption.aspx.

If Purchaser fails to provide tax exemption certificates in advance of the purchase, DLA Energy shall include Federal taxes in the price. Purchaser is solely responsible for payment of any state/local taxes/fees and any Federal taxes/fees not included in the price.

Interest: Any delinquent Purchaser account shall bear interest on the delinquent amount from the date payment is due until the delinquent amount is paid, offset, recouped or otherwise collected at a rate determined by the U.S. Department of Treasury. Purchaser is also responsible to pay any administrative fees incurred because of the delinquency. The Defense Finance and Accounting Services (DFAS) applies any Purchaser payments received first to interest and administrative fees, then to principle amounts owed.

Assignment: Without prior written consent of Seller, Purchaser may not assign all or any part of its duties, rights or obligations under this Agreement, whether by transfer, merger, operation of law or otherwise. For purposes of bankruptcy involving Purchaser, this Agreement is part of a Government contract authorizing the purchase of DWCF fuel and assumption or rejection of one is assumption or rejection of the other.

No Warranties: Notwithstanding anything to the contrary in this Agreement or representations made at the time of purchase, fuel sales are “AS IS.” “AS-IS” means the Government makes no warranty, express or implied, as to quantity, kind, character, quality, weight, size, or description of any product sold under this Agreement, or its fitness for any use or purpose. In no event shall Seller be liable (a) in warranty, negligence or strict liability regarding any defects, failures or malfunctions in performance, design, manufacture or otherwise, or (b) for any damages (whether direct, consequential, incidental, punitive, indirect, special or otherwise) arising from the sale, use or operation of the fuel, regardless of legal theory or negligence. Further, Purchaser hereby releases Seller from all liability, claims (including legal or litigation related expenses), or causes of action arising from this Agreement or the activities contemplated herein.

Modification: Except those portions reserved for Seller to fill in and changes made by Seller to comply with any existing or after-imposed U.S. law, this Agreement shall not be amended, supplemented, or modified in any way unless such amendment, supplement, or modification is made in writing and signed by all parties to the original Agreement.

Governing Law: This Agreement shall be governed by and construed in accordance with United States Federal law.

Term: The term of this Agreement is shown in the box on page one, subject to any earlier termination as provided herein, or in the case of a Purchaser under United States Government or Foreign Government contract or charter, when the contract or charter expires, whichever is earlier. Notwithstanding the foregoing, the Seller may extend the term of this agreement for additional periods by giving Purchaser written notice prior to the expiration of the term of the Agreement as originally established or extended.

Termination: Notwithstanding anything to the contrary in this Agreement, Seller may terminate this Agreement at any time, with or without cause, by providing the Purchaser no less than fifteen (15) days prior written notice of termination. Further, in the event that the Purchaser fails to pay all or any portion of any invoice within thirty (30) days from the invoice date, Seller may terminate this Agreement at any time without prior notification to the Purchaser.

Either party may terminate this Agreement by written notice to the other party if the other party breaches any obligations hereunder and fails to remedy the breach within fifteen (15) days after receiving written notice of such from the non-breaching party. Termination by the Purchaser does not relieve the Purchaser of any liability incurred prior to termination.

Severability: If any provision of this Agreement is declared invalid or unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the parties shall be construed and enforced accordingly.

Miscellaneous:

1) Purchaser agrees that any ambiguity, contradiction or inconsistency will not be construed against Seller due to the fact that Seller drafted this Agreement.

2) Caption headings are for convenience of reference only and will not affect the interpretation of this Agreement.

Signed and Agreed:

Non-U.S. Government Fuel Purchase Agreement (FPA)

For DLA Energy Marc McConahy Chief, Customer Relationship Management

For Purchaser Name:

Title:

Business Organization:

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