PACOM OSP Final.docx

OFFER SUBMISSION

PACKAGE

OVERSEAS SHIPS’ BUNKERS

Offer Submission Package (OSP) SPE608-21-R-0200 Purchase Program 1.3B – Solicitation

PACOM

THE ENCLOSED SOLICITATION COVERS THE PERFORMANCE PERIOD:

October 01, 2021 THROUGH September 30, 2026

INSTRUCTIONS:

1. The original copy of this OSP must be returned to this office as your offer. All documents to be completed and returned are contained in the OSP or located as ATTACHMENTS on www.Beta.sam.gov where they can be downloaded:

2. Be sure to check your offer prices for accuracy and legibility prior to submission. Initial all changes, and sign and date the SF1449 in ink.

3. By submission of this package, you are stating that all terms and conditions of the entire solicitation are accepted and apply to your offer, UNLESS clearly stated herein.

4. Required: Certificate of Analysis (COA /Certificate of Quality (COQ) and a Commitment Letter from the supplier for every item offered. See Note T below

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

87390901

SEE BLOCK 31C

SPE608-21-R-0200

6. SOLICITATION ISSUE DATE

30 April 2021

JEROME HEATH

b. TELEPHONE NUMBER (no collect calls) (571-585-8758)

8. OFFER DUE DATE/LOCAL TIME

1 June 2021 @1:00 PM EST (Ft Belvoir, VA) Time

UNRESTRICTED

SET ASIDE % FOR

DLA ENERGY-FEPF (Jerome Heath)

DEFENSE LOGISTICS AGENCY-ENERGY

SMALL BUSINESS

SMALL DISADV BUSINESS

MARKED

SEE SCHEDULE

NET 30 DAYS

8725 JOHN J. KINGMAN ROAD, SUITE 4950

FORT BELVOIR, VA 22060-6222

8(A)

13a. THIS CONTRACT IS RATED ORDER UNDER DPAS (15 CFR 700)

PHONE: (571) 767-1770 FAX: (571) 767-8506

NAICS: 324110

13b. RATING K

14. METHOD OF SOLICITATION

P.P. 1.3B

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

SEE ATTACHMENT A-1

SEE BLOCK 9

17a. CONTRACTOR/OFFEROR

BIDDER CODE

FACILITY

CAGE CODE

18a. PAYMENT WILL BE MADE BY CODE

Address:

SEE CLAUSES G-0004-G150.01 & G-0005-G153.01

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

UNIT PRICE

24.

AMOUNT

SEE CLAUSE B-0001-B1.04-1

(Attach additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

97XXXX4930.5CFO 01 26.1 S33150 FOR DOD & USCG ONLY, OTHERS MUST CITE OWN FUNDS

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED. *SCHEDULE OF SUPPLIES AND SOLICITATION CLAUSES ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _1_

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29. AWARD OF CONTRACT: REFERENCE OFFER DATED. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

PARTIAL FINAL

36. PAYMENT

37. CHECK NUMBER

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

TABLE OF CONTENTS

INDEX

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

(DLA ENERGY JUN 2013)

(SHIPS’ BUNKERS) (DLA ENERGY JUN 2017)

SECTION C: DECRIPTION/SPECIFICATION/STATEMENT OF WORK

(BUNKERS) (DLA ENERGY FEB 2020)

SECTION E: INSPECTION AND ACCEPTANCE

SECTION F: DELIVERIES OR PERFORMANCE

SECTION G: CONTRACT ADMINISTRATION DATA

(DLA ENERGY NOV 2008)

SECTION I: CONTRACT CLAUSES

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

(NOV 2015)

REPORTING (OCT 2016)

(DEC 1991)

BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)

ITEMS (DLA ENERGY FEB 1996)

SECTION J: LIST OF ATTACHMENTS

SECTION K: REPRESENTATION AND CERTIFICATIONS

DFARS 252.204-7017

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

CONTROLS (OCT 2016)

SECTION M: EVALUATION FACTORS FOR AWARD

INSTRUCTIONS TO OFFERORS

READ THE FOLLOWING CAREFULLY.

A. SOLICITATION CLOSING DATE: June 1, 2021 at 1:00 PM Eastern Standard Time (EST), FORT BELVOIR, VIRGINIA. Any offer received after this time will be considered “late” and may be determined unacceptable.

B. ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be October 01, 2021 through September 30, 2026. Quantities stated in the SCHEDULE (Attachment A-1) represent the Government’s best estimates for that timeframe.

C. EVALUATION CRITERIA: Offers will be evaluated based on a consideration of technical capability and price using a Lowest Price Technically Acceptable (LPTA) source selection process.

D. PROPOSAL SUBMISSION: Offer prices must be submitted through the Specialty Fuels Offer Entry Tool (OET).

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

2. Please use the attached instruction titled, “AMPS Snapshot: User Registration-External Users,” to obtain an AMPS account if you do not already have one.

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

4. You will be able to request access to OET through AMPS. Please refer to the attachment E titled, “Requesting the OET Vendor Role in AMPS,” for instructions on requesting an OET vendor role.

5. 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 titled, “PC&S OET Vendor Guide.”

6. 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.

7. In the event of technical issues on the part of OET that prevent an offeror from successfully entering offer data on OET, the offeror must immediately notify both Government’s Points of Contact via email to Jerome.heath@dla.mil and Jamika.forde@dla.mil to request allowance for offeror’s manual offer submission using Price Data Sheets. Regardless of whether an offeror submits a manual offer, the offeror(s) is still responsible for entering offer data thru OET upon its return to the fully functioning state.

All remaining proposal documentation, to include the Offeror Submission Package (OSP), Certificate of Analysis (COA) / Certificate of Quality (COQ) and a Commitment Letter from the supplier for every item offered, shall be sent via email to Jerome.heath@dla.mil and Jamika.forde@dla.mil

IMPORTANT: Our email system cannot efficiently receive emails over 5 MB. If your OSP and paperwork is larger than 5 MBs, please break it down into smaller emails. Within one (1) business day of receipt we will reply that your email is received. If you do not receive confirmation, please contact us.

IMPORTANT: Do not wait until the last day to submit your offer. Offers received after the Closing Date/Time will be considered late and handled in accordance with FAR 52.212-1(f).

E. OFFER PRICES: Must be “as delivered,” and “all-inclusive,” which means that all applicable costs (transportation, taxes, fees, and other charges) must be included in each offer price. There will be NO exceptions to this requirement. The submitted offer and all accompanying paperwork must be in English, in accordance with Clause 52.214-34, SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE and all prices must be in U.S. Dollars per gallon, in accordance with Clause 52.214-35, SUBMISSION OF OFFERS IN U.S. CURRENCY. Offerors are advised to submit their best prices with their initial proposal since the Government reserves the right to award a contract without discussions.

F. EXCEPTIONS: Exceptions to the specifications, terms, and conditions of this solicitation may be considered pursuant to Clauses C-0001 C3, SPECIFICATIONS/EXCEPTIONS (BUNKERS) (DLA ENERGY JAN 2012) and M-0002, M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997). If your company cannot provide the exact specification of the required product or meet all of the delivery requirements, clearly indicate any exceptions and the extent to which your offer differs from solicitation requirements in a letter attached with your offer, or on Attachment C, Data Sheet for Proposed Exceptions, in the OSP.

Offerors shall not include in their prices any taxes or fees for which the U.S. Government or Department of Defense is exempt. Offerors are expected to know the relevant business procedures in the countries where fuel will be delivered. The winning offeror is expected to procure tax exemptions in a timely manner in order to meet the period of performance.

IMPORTANT: Exceptions to the solicitation base reference publication (posted index), mode of delivery, or delivery location are NOT allowed and WILL render your offer unacceptable and excluded from the Competitive Range.

G. COMPETITIVE RANGE: The Government reserves the right to evaluate all proposals in accordance with FAR Part 15.305(a) and establish a competitive range without discussions in accordance with FAR 15.306 (3). Communications with Offerors for clarification may be conducted before the competitive range is established by the solicitation close date in accordance with FAR 15.306(b)(2). Based on the ratings of each proposal against all evaluation criteria, the Contracting Officer may establish a competitive range comprised of all of the most highly rated proposals, unless the range is further reduced for purposes of efficiency. In the case where the Contracting Officer has determined that the number of most highly rated proposals will be too many to conduct an efficient competition, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. FAR 15.306 (3)(c)(2). The Contracting Officer will provide written notice of elimination from the competitive range to unsuccessful Offerors in accordance with FAR Part 15.503(a). The Government may remove Offerors from the competitive range who do not provide a complete proposal and do not submit information or documentation required in the instructions to Offerors by the solicitation closing date. Offerors who submit a proposal that includes foreign taxes which the U.S. Government is exempt in the price may be removed from the competitive range. Additionally, Offerors who fail to submit a certificate of analysis/certificate of quality, fuel specification sheets for a pre-award survey inspection may also be removed from the competitive range. Failure to provide requested information and documentation results in delays in making a timely contract award.

H. SITE VISITS: You are directed to Clause L-0003 L54, SITE VISIT, please note that DLA Energy encourages all potential offerors to call or visit the sites in which they intend to submit an offer(s).

I. OFFER EXPIRATION DATE: Offerors agree to honor prices submitted in response to this solicitation for 180 days after the solicitation closing date, in accordance with Clause L0001 L1.02 PROPOSAL ACCEPTANCE PERIOD.

J. SYSTEM FOR AWARD MANAGEMENT (SAM): By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract resulting from this solicitation. Contractors register one time and confirm on an annual basis that their SAM registration is complete and accurate. Offerors may obtain information on registration and annual confirmation requirements via Internet at https://www.sam.gov/portal/SAM/##11. Insert your CAGE code in Block 17a on the Standard Form 1449. Registration in SAM takes time so please plan accordingly.

K. DATA UNIVERSAL NUMBERING SYSTEM (DUNS): Insert your DUNS number in Block 17a on the Standard Form 1449. The DUNS number is assigned by Dun and Bradstreet, Inc. (D&B). Offerors may obtain a DUNS number via the Internet at http://fedgov.dnb.com/webform.

L. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your CAGE code in Block 17a on the Standard Form 1449. If you have not been assigned a CAGE code, insert the word “NONE” in the block.

M. NOTICE TO ALL OFFERORS: Due to potential threats, please be aware that each port has its own Force Protection Procedures, which the U.S. Navy Husbanding Service Provider (HSP) performs. These strict security procedures (vetting) may include but are not limited to searches of delivery vehicle(s)/ vessels; identification/ background check of delivery personnel; requirements for Government-issued ID cards; security swimmers and/or search under and around delivery / receiving vessels. Contractors will be responsible for the vetting of their subcontractors’ ability to deliver at required locations.

N. AMENDMENTS TO THE SOLICITATION: Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s). If this solicitation is amended, all terms and conditions that are not amended remain unchanged.

O. NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF AWARD WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF CONTRACTS WITH THE GOVERN- MENT AGENCIES OR IN RECEIPT OF A PROPOSED DEBARMENT FROM ANY GOVERNMENT AGENCY IS VOIDABLE AT THE OPTION OF THE GOVERNMENT.

P. SEA CARD® All potential contractors will be required to participate in the SEACARD® Program. Contractors must be able to receive orders, complete transaction data and invoice for contracts via the internet. See Clause G-0005 G153.01, SUBMISSION OF INVOICES FOR NON-FUEL CHARGES (BUNKERS) (DLA Energy OCT 2008).

Please ensure that you are aware of the following:

· Fuel purchases under DLA Energy bunker contracts are not charged transaction processing fees. For non-contract (open market) business and non-fuel charges, each SEA Card® Merchant is charged a minimal processing fee, as determined by its merchant agreement. In exchange, SEA Card® Merchants receive quicker reimbursements and benefit from reduced administrative workload. See SEA Card® Program Information & FAQ at https://www.seacardsys.com/help/help_index.html

Q. All Bunker deliveries must meet requirements of the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78) ANNEX VI during life of the contract.

R. REQUIREMENTS CONTRACT: Please note that contracts awarded as a result of this solicitation shall be “Requirements-type,” in accordance with Clause 52.216-21, REQUIREMENTS. This means there are no guarantees of minimal lifts, or any lifts at all. The total estimated quantity listed in the solicitation is a good faith best estimate of projected usage during the contract period. In addition, the contract is not completed or fulfilled if the total estimated quantity is lifted or exceeded.

S. REQUIREMENT TO SUBMIT SAFETY DATA SHEETS: All offerors MUST submit with their offer a copy of the Safety Data Sheet (SDS) for all products offered. Please see FAR 52.223-3, HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA and DFARS 252.223-7001, HAZARD WARNING LABELS.

Commitment Letter for each item – and you MUST state on each submitted document the Item Number and Location

of your offer) and be sure to indicate on the COQ/COA and commitment letter the Item Number to which it pertains.

U. PRIMARY SOLICITATION CONTRACT POINT: For clarification, explanation, and additional information, please contact Mr. Jerome Heath at Jerome.heath@dla.mil

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

DLA ENERGY INTERNAL PROVISIONS:

B-0001 B1.04-1 SUPPLIES TO BE FURNISHED (SHIPS' BUNKERS) (DLA ENERGY JUNE 2013)

(a) SHIPS' BUNKERS. Unless otherwise stated, the supplies shall be furnished f.o.b. destination as ships' bunkers into various types and sizes of U.S. military and federal civilian vessels for immediate consumption by the vessel. Unit prices are for product delivered inclusive of all delivery charges. Depending on the delivery conveyance's size, quantities ordered and delivered by truck or barge (as contracted) may require utilization of more than one truck or barge or return trips to fulfill the ordered fuel quantity.

(b) REQUIREMENTS. This is a requirement contract for the supplies or services specified and effective for the period stated in paragraph (i).

(1) The quantities of supplies or services specified in the Schedule are best estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(2) Delivery or performance shall be made only as authorized by orders issued in accordance with the ordering provisions herein. Subject to any limitations in the order limitations provisions herein or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the ordering provisions. In addition, if a Government facility is located near the bunkering location, the Government shall only order from the Contractor the Government’s fuel requirements that are in excess of its in-house capabilities. In such instances, the estimated quantities specified in the Schedule are estimates of requirements in excess of the quantities that the Government may itself furnish within its own capabilities. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to by purchased by the Government activity or activities specified in the Schedule. The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. However, the total quantity ordered and required to be delivered by the specific method of delivery during the ordering period may be greater than or less than these total estimated quantities.

(3) If the Government urgently requires delivery of any quantity or an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(4) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; PROVIDED, that the Contractor shall not be required to make any deliveries under this contract after the end of the stated delivery period.

(5) The Government agrees to order and the Contractor shall, if ordered, deliver during the contract period, at the unit prices hereunder, adjusted in accordance with the ECONOMIC PRICE ADJUSTMENT – MARKET PRICE INDICATORS (SHIPS’ BUNKERS) clause or the ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG MARKET PRICE – OTHER THAN PUBLICATION (SHIPS’ BUNKERS) contract provision of the contract (if applicable), the total actual requirements for the product(s) at the location(s) listed.

(6) Domestic requirements for ships' bunkers shall include all of the U.S. (including commonwealths and the District of Columbia), its territories, and possessions. Overseas requirements are those outside of the above. Domestic and overseas requirements are classified into separate Purchase Programs (PPs):

Overseas:

PP 1.3B – PACOM

(c) LINE ITEM SUPPLY SCHEDULE.

NATIONAL STOCK NUMBER PRODUCT/PRODUCT CODE SPEC CLAUSE

9140-01-417-6843

COMMERCIAL MARINE GAS OIL (MGO)/61

C16.23-2/52.246-9FAQ

NOTE: Delivery of a single order may require multiple vehicles or trips.

The acronym TK means tanker, B means barge, TT or RTW means transport truck, TTR means truck and trailer, TW means tank wagon, P means pipeline (ex-pipe/ex-wharf), and MSS means Marine Service Station.

FIVE (5) YEAR

SEE ATTACHMENT A-1

(d) DELIVERY MODE SPECIFICS. See also the BUNKERING PROVISIONS contract provision.

(1) PIPELINES. For all line items above that require pipeline (ex-pipe at pier or wharf) as the method of delivery, the exact location of the Contractor’s pipeline shall be listed below. NOTE: Access to the pipeline pier must be able to provide for vessels at least 90 feet in height. Specific obstacles such as bridges, jetties, locks, etc., must be advised below to include low and high tide and time. Pumping rates per delivery conveyance shall be as stated in BUNKERING PROVISIONS unless stated differently in the above Schedule.

(2) TRUCKS. For all items above that require tank wagon, transport truck, and/or truck and trailer as the method of delivery, offerors must specify the capacity and pumping rate of the truck(s).

ITEM TRUCK CAPACITY TRUCK PUMPING RATE

(3) BARGE. Barge deliveries shall be required at pier-side and/or anchorage (inner and outer harbor). Pumping rates per delivery conveyance shall be as stated in BUNKERING PROVISIONS unless stated differently in the above Schedule.

(e) TAXES. Unless the contract provides otherwise, the contract price must include all applicable taxes and, for overseas items, duties. The offeror shall list below the specific name and amount of the taxes included in the price. If, when permitted by the contract, taxes are not included in the offered price, but are expected to be invoiced separately, the offeror shall list the specific name and amount of these taxes below. These taxes shall apply when the U.S. Government does not have an exemption. See the FEDERAL AND STATE TAXES/FEES contract provision and/or the TAXES - FOREIGN FIXED-PRICE CONTRACTS contract provision.

(X THE APPLICABLE COLUMN)

NOTE: For domestic distillate items, the current Federal Excise Tax shall apply only if fuel delivered is undyed per mandated requirements. Please advise, per item, if offered product will have a low or high sulfur content and/or if dyed or undyed, if not part of the current Schedule. Subject tax will not be included in the offered unit price. Special note for overseas distillate items: if fuel is dyed per in-country mandated requirements, please so advise with specifics on the dye and its effect on fuel specifications.

(f) LOCATION OF FACILITY(IES).

(1) Each Fuel Terminal, Transportation Type and Source, and Location of the Testing Facility are required for possible assignment, at origin, of Government Quality Assurance (inspection) Actions. Primary and alternates are requested. Government Quality Assurance inspections at origin, if applicable, shall be assigned in (3) below. The following columns shall be completed by the offeror: The facilities identified below by the offeror shall be used for the life of the contract.

SEE ATTACHMENT D

NOTE: ALL OFFERS MUST BE ACCOMPANIED BY A “TYPICAL” SPEC SHEET SHOWING ALL THE TEST RESULTS REQUIRED BY THE DLA ENERGY MGO SPECIFICATION CLAUSE. ALL OFFERS MUST BE ACCOMPANIED BY SUPPLIER COMMITMENT LETTERS FOR EVERY LINE ITEM BID ON.

(2) Quality Representative (QR) includes the terms Quality Assurance Representative (QAR) and Quality Surveillance Representative (QSR). The QAR is a Government Representative authorized to represent the Contracting Officer to assure the Contractor complies with the contractual requirements in furnishing petroleum products and services. The QSR is a Government Representative authorized to represent the Contracting Officer to assure the Contractor complies with the contractual requirements in furnishing services.

(3) The following may be completed by the Government at time of award. Government Source Inspection is required for items listed below:

(g) DELIVERY ORDERS.

(1) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities defined as an Ordering Officer. Any U.S. military and Federal civilian agency vessel may utilize this contract. An Ordering Officer means whichever of the following (or their designated representatives) is applicable: (1) the Director, Defense Logistics Agency Energy; (2), the Commander, U.S. Army Petroleum Center; (3) the Commanding Officer, U.S. Naval Operational Logistics Support Center; (4) the Officer in charge of the Federal Government activity encompassing any delivery point indicated in the Schedule; (5) the Commanding Officer or the Master of the vessel to be bunkered; (6) any Government Contractor furnishing evidence of authority to order under this contract; (7) the head of any Federal Government agency; (8) the Contracting Officer; (9) the Navy Fleet Commanders; (10) the Defense Attaché Officer; (11) the authorizing ship manager (Contractor) for the Maritime Administration and/or National Aeronautic and Space Administration (NASA) who is ordering ships; bunkers on behalf of Maritime Administration and/or NASA vessels; (12) the ships’ husbanding agent, furnishing evidence of contractual authority, who passes the order (verbal or written) on behalf of the requesting Government vessel; (13) Military Sealift Command Fuel Ordering Officers. All delivery orders are subject to the terms and conditions of this contract. In the event there is a conflict between a delivery order and this contract, the contract shall control.

(2) ORAL ORDERS. Bunker fuel orders may be issued orally or in writing. An oral delivery order may be considered issued by the Ordering Officer when it is verbally assigned a purchase order and/or delivery order number and the delivery specifics have been verbally communicated to the Contractor. A verbal delivery order number may also be the Date Time Group (DTG) number from the vessel's Logistics Requirements (LOGREQ) Report issued to a Government shore activity or contracted husbanding agent. Contractors are encouraged to request evidence to substantiate a verbal delivery order. For military and U.S. Coast Guard vessels, a contracted husbanding agent or Government shore activity may serve as liaison for the requesting vessel to be bunkered. The Government shore activity or contracted husbanding agent will pass the above-described oral order issued by the vessel, along with evidence of this order, to the Contractor in a timely manner and will coordinate the delivery of the fuel. The husbanding agent, not having authority to bind the Government, must clearly advise the Contractor of its role in this arrangement and show valid evidence (DTG from LOGREQ copy of e-mail or LOGREQ from vessel to husbanding agent, etc.) of the order requirement initiated by the U.S. Government vessel. written order—

(3) WRITTEN DELIVERY ORDERS. For all orders, the appropriate ordering office/officer will provide a signed, written order__

(i) A Department of Defense (DD) Form 1155 for DoD agencies.

(ii) An Optional Form (OF) 347 for all Federal/Civilian Agencies.

(iii) A Commerce Department (CD) Form 404 for the National Oceanic and Atmospheric Administration; or

(iv) An SF 1449 for all of the above--to the Contractor or its designee in place of or after issuing the above-described oral order. The written delivery order will be provided to the Contractor, or its designee, prior to or at completion of delivery; however, Contractors are highly encouraged to request the written delivery order prior to completion of the delivery if not already received. The order form must, at a minimum, include the contract number, Contractor’s name and address, contract line item number, payment office, signature of the Ordering Officer, ships’ ordering and payment information, and quantity of fuel ordered. In the event a written delivery order is not provided after delivery, the Contractor shall promptly contact the DLA ENERGY Contracting Officer for assistance. The ordering office's failure to issue written confirmation, or the Contractor's failure to receive written confirmation, does not relieve the Contractor from its obligation to perform in accordance with the oral order.

(4) SHIPS’ BUNKERS EASY ACQUISITION (SEA) CARD. The SEA Card Order Management System (SCOMS) is an Internet-based operating system that automates ordering, receipt, delivery and invoicing for all bunkers contract transactions. Orders issued via SCOMS satisfy the requirements for written delivery orders set forth above. The Contractor agrees to use the automated SCOMS system for all orders placed using SEA Card processes. In the event the Ordering Officer cannot access the web- based system to place an order, a verbal order will be placed with the SEACARD 24-hour Help Desk at 1-866-308-5475 The Help Desk will process the order to the Contractor and follow up with data input assistance before the close of the following business day. For orders not placed using SEA Card processes, the manual procedures outlined in paragraph (3) are authorized. Other than the SEA Card, credit cards of any type shall not be used to create a delivery order under this contract

(5) CANCELLATION OF ORDERS. Orders placed under this contract may be cancelled by an authorized Ordering Officer within the following time period without incurring cancellation charges:

(i) Delivery into Government vessels (to include dredges and barges) by means of transport truck, truck and trailer, tank wagon, Marine Service Station, or pipeline. No less than 24 hours prior to the specific time such delivery is required to be made;

(ii) Deliveries by barge. No less than 48 hours prior to the specific time such delivery is required to be made; or

(iii) No less than the minimum delivery notice time as stated in the Schedule, if different from the above.

(h) DELIVERY ORDER LIMITATIONS.

(1) MINIMUM ORDER. When the Government requires supplies or services covered by this contract in an amount of less than the minimum quantity applicable to the method of delivery called for by the item(s) as specified in the Schedule, the Government shall not be obligated to purchase, nor the Contractor obligated to furnish, any supplies or services under this contract. Where the Contractor receives such an order, the Contractor may choose to fulfill the order under the contract terms and conditions or refuse the order. Refused orders will revert to SCOMS for an open market purchase. Refusal by the Contractor to supply within its contract price/terms will not preclude the Contractor from being competitively solicited under SCOMS for the open market purchase.

(2) MAXIMUM ORDER. The Contractor shall not be obligated to honor any order for a single item, or any series of orders from the same ordering office in the course of 30 days, that exceeds the limitations listed below:

(i) For items calling for delivery as ships' bunkers by barge or pipeline--

TOTAL ESTIMATED QUANTITY OF ITEM LIMITATION

Less than 500,000 USG/1,700 MT The total estimated quantity

500,000 to 2,500,000 USG/1,700 to 8,700 MT 500,000 USG/1,700 MT or 50% of the total estimated quantity, whichever is greater

More than 2,500,000 USG/8,700 MT 1,250,000 USG/4,350 MT or 25% of the total estimated quantity, whichever is greater

(ii) For items calling for delivery by truck--

TOTAL ESTIMATED QUANTITY OF ITEM LIMITATION

Less than 100,000 USG/350 MT The total estimated quantity

100,000 to 500,000 USG/350 - 1,700 MT 100,000 USG/350 MT or 50% of the total estimated quantity, whichever is greater

More than 500,000 USG/1,700 MT 250,000 USG/870 MT or 25% of the total estimated quantity, whichever is greater

Where the Contractor receives such an order, the Contractor may choose to fulfill the order under the contract terms and conditions or refuse the order. Refused orders will revert to SCOMS for an open market purchase. Refusal by the Contractor to supply within its contract price/terms will not preclude the Contractor from being competitively solicited under SCOMS for the open market purchase.

(i) DELIVERY AND ORDERING PERIODS. The period during which the Government may order and the Contractor shall deliver, if ordered, will be as specified below unless the Schedule specifies otherwise.

(1) ORDERS: The ordering period begins: October 01, 2021 and ends: September 30, 2026.

(2) DELIVERIES: The delivery period begins: October 01, 2021 and ends: October 31, 2026

(3) EXTENSION PROVISIONS. The Government reserves the right to unilaterally extend this contract on the same terms and conditions on a month-to-month basis one or more times for a total of no more than six months. Notice of contract extension will be furnished to the Contractor no later than 10 days prior to expiration of this contract or any extension thereof. However, nothing in this contract provision precludes the Contractor from agreeing to an extension of the contract if the Government fails to issue the notice within the 10-day time frame. Extension of this contract shall be considered to have been accomplished at the time the Government provides written notification to the Contractor via mail deposit or facsimile.

(4) FOR ALL ITEMS. Notwithstanding the foregoing paragraphs, if the Government requests and the Contractor agrees to honor an order outside the delivery limitations set forth above and/or the minimum advance delivery order notice, the order will be bound to the terms, conditions, and price(s) established in the contract. The Contractor shall honor any written or oral order(s) outside the delivery order limitations set forth above or agreed to by the parties within the contract, unless the Contractor rejects the order(s) by notifying the issuing office immediately upon its receipt, as prescribed below, but no later than 24 hours from the time of its issuance. If the order is issued on a weekend and/or holiday and it falls outside the delivery order limitations, the Contractor has until noon of the next business day to reject the order.

Contractor Notification: The Contractor's rejection notice must be given first verbally, by calling the ordering office, followed by a written notification, which should preferably be sent via facsimile. The Contractor's written notice of rejection must clearly state (1) the intent not to deliver the ordered item(s) and (2) the reasons for rejection, and must be accompanied with the written order, if there is one. Upon receipt of the Contractor's verbal notice of rejection, the Government may secure the supplies from another source. The Government is not required to order a part of any one requirement from the Contractor when such requirement falls outside the advance delivery order notice and/or delivery order limitations set forth in this contract provision or agreed to by the parties within the contract. For orders placed via SCOMS, any rejection by the Contractor will be input into the system and will revert to a SEACARD open-market purchase.

(5) FOR ALL ORDERS. The Government must place orders during the Contractor's normal business operating hours for receipt of orders for a delivery to occur on a weekend and/or holiday. If an order for a delivery that is urgently required on a weekend and/or holiday cannot be placed during the Contractor's normal operating hours for receipt of orders, the Government shall first verbally contact the Contractor for offer of said order. If the Contractor verbally elects to not accept said order, the Government shall document as such and the order will revert to an open market purchase.

(j) ORDERING POINT(S) OF CONTACT. Due to vessel missions, it is imperative that Contractor’s be reachable at all times for order placement and timely deliveries. To ensure prompt delivery of the supplies to be furnished for ships' bunker requirements, the Contractor shall provide a primary and/or alternate point of contact for receipt of orders 24 hours a day, 7 days a week, for each item listed below. Complete telephone and facsimile numbers including country and/or area codes are requested. Alternative numbers, such as beepers, pagers, cell phones, etc., are also requested. The Contractor may, at its option, assign a Contractor designee at each delivery location as the point of contact, provided the designee agrees to act as the Contractor’s representative for this purpose. The following table shall be used for order placement for ships’ bunkers:

Normal Operating Hours

(k) OVERTIME. If delivery cannot be made during the Contractor’s normal operating hours, as set forth in paragraph (j) above, the Contractor shall continue with or initiate deliveries during other than normal operating hours as requested by the vessel's officer with Ordering Officer authority or, in such instances, as authorized in writing by the Contracting Officer. The Contractor shall provide applicable overtime documents, showing date and time overtime commenced and concluded, to the Receiving Officer who shall certify that said charges have been incurred. In the event that overtime may apply for deliveries outside of the operating hours and days cited in paragraph (j) above, the Contractor must advise of such time factors and the overtime rate per hour that shall apply per item.

(1) SEA Card Order Management System (SCOMS) Orders.

RFP SP0608-21-R-0200 (1.3B)

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(i) Charges for overtime are deemed ancillary, non-fuel charges and are the responsibility of the activity incurring them. In accordance with the SUBMISSION OF INVOICES FOR NON-FUEL CHARGES – LOCAL PURCHASE PAYMENT REQUIREMENTS (FUEL CARD SERVICES) contract provision, the Contractor shall invoice these charges using…