Revised Attachment D - Supplemental Into-Plane NOTES.pdf

DEFINITIONS

As used throughout this contract, the following terms shall have the meanings set forth below:

(a) Quality Assurance Representative (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.

(b) Ordering Officer means whichever of the following or their designated representatives is applicable: (1) the Commander, DLA Energy; (2) the Commander, Defense General Supply Center; (3) the Commander, U.S. Army Petroleum Center; (4) the Commanding Officer, U.S. Navy Petroleum Office; (5) the Director of Air Force Aerospace Fuels; (6) the Chief of the Air Force Aerospace Fuels Office; (7) the Officer in charge of the Federal Government activity encompassing any delivery point indicated in the Schedule; (8) the Commanding Officer or the Master of the vessel to be bunkered; (9) any Government Contractor furnishing evidence of authority to order under this contract; (10) the head of any Federal Government agency; (11) the pilot, the flight commander, the aircraft commander or the crew chief of the U.S. designated aircraft authorized to place orders against into-plane contracts; (12) the Contracting Officer; (13) the individual in charge of ordering coal at the receiving Government activity; (14) the driver of a Federal vehicle or boat, or the pilot of a Federal aircraft authorized to place orders under a service station contract; (15) the Navy Fleet Commanders;

(16) the Defense Attaché .

(c) The acronym TK means tanker, B means barge, TC means tank car, T means truck, TT means transport truck, TTR means truck and trailer, TW means tank wagon, P means pipeline, and MSS means Marine Service Station. The acronyms or terms TT or transport truck and TTR or truck and trailer mean tank truck equipment, whereas the acronym or term T or truck means truck equipment for hauling drummed or packaged supplies. The acronym SW means supplier's works, CFD means Contractor-furnished drum, and GFD means Government- furnished drum.

(d) Supplies mean all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea. An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(e) Acceptance means the act of an authorized Representative of the Government by which the Government, for itself, or as an agent of another, assumes ownership of existing identified supplies tendered or approves specific services rendered, as partial or complete performance of the contract. For f.o.b. origin delivery acceptance occurs when the Government QAR signs the Material Inspection and Receiving Report (DD Form 250 series document). For f.o.b. destination delivery, acceptance occurs when the authorized Government Representative signs the DD Form 250 series document or the contractor's shipping document.

(f) Calibration means the comparison of a measurement system or device of unverified accuracy to a measurement system or device of known or greater accuracy to detect and correct any deviation from required performance specifications of the unverified measurement system or device.

(g) The terms isolated system and segregated system mean a system that has a positive separation from other systems in a tank farm through the means of blind flanges, locked double-block and bleed type valves, etc.

(h) Dedicated system means a system that is self-contained and for the exclusive use of a particular product.

(i) Common system means a system that usually utilizes a manifold or pipeline that handles more than one product exclusively.

REQUIRED DELIVERY MODES AND PRICING

All delivery modes identified for each Contract Line Item Number (CLIN) in Attachment A, Schedule, are mandatory requirements.

Offerors shall propose and provide pricing for all delivery modes identified for each applicable CLIN.

Attachment B, Offer Submission Package (OSP), is a standardized pricing template. Offerors shall complete Lines A (Market Price), B (Into-Plane Fee), and C (Total Unit Price) for each applicable CLIN. Line C shall reflect the sum of Lines A and B.

Additionally, offerors shall provide pricing for Line D (FSII Fee) when Into-Plane with FSII is identified as a required delivery mode in Attachment A, and Line E (Into-Truck Fee) when Into-Truck is identified as a required delivery mode. Line F (Rapid Refuel), Is not a mandatory requirement under this solicitation.

The designation “None” shall be used only when a delivery mode is not identified as a requirement for the applicable CLIN or when an associated fee or service is not applicable. Entering “None” for a required delivery mode does not satisfy the pricing requirement.

Failure to propose and provide pricing for all required delivery modes may result in the proposal being determined technically unacceptable. Any changes to the required delivery modes will be communicated through a formal solicitation amendment.

ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS

(a) In the event this contract is terminated for cause, in whole or in part, the Government will incur administrative costs.

(b) The Contractor agrees to pay all administrative costs associated with a contract termination action. The minimum amount the Contractor shall pay for each termination action is $500. This payment for administrative costs is in addition to any excess re-procurement costs and any other remedies or damages resulting from the termination.

(c) The term termination action, as used herein, means the termination for cause, including any associated re-procurement effort, involving--

(1) Any single order or any group of orders terminated together;

(2) Any item or group of items terminated together; or

(3) The entire contract.

SUBSTANTIATION OF LOCAL TAXES FOR INTRASTATE/INTRACOUNTRY FLIGHTS

(a) This clause applies only to local taxes on intrastate/intracountry flights when those taxes are not payable on interstate/international flights. These taxes are not to be included in the contract unit prices.

(b) To receive payment for local taxes on intrastate/intracountry flights, the Contractor must request the Ordering Officer to annotate and initial the completed DD Form 1898 with the word "LOCAL" when the Ordering Officer states that the next leg of his/her flight is within the state or country. Without this annotation, it will be assumed that the flight is out of state/country (interstate/international) and no taxes will be incurred for payment by the Government.

(c) The annotation "LOCAL" and the initialing by the Ordering Officer may be made in one of the unused blank blocks under the heading of "AVFUEL."

(d) A copy of the annotated DD Form 1898 must accompany the invoice to ensure prompt payment of these local taxes.

The local taxes shall be listed as a separate line item on the invoice.

AIRPORT FEES AND/OR CHARGES

(a) The unit prices set forth in the Schedule include all applicable airport fees and/or charges to which the Contractor is unable to secure an exemption in favor of the U.S. Government. All such airport fees and/or charges are to be fixed prices expressed as USD/USG (not as percentages). Such fees and/or charges included in the unit prices are to be indicated on the applicable Offeror Submission Package in the space provided. In the event the U.S. Government is able to obtain an exemption, or if for any reason the Contractor is not required to pay such airport fees and/or charges, the Contractor agrees to reduce the unit prices affected thereby in an amount equal to the fee or charge involved, effective on the date of the exemption, or the date that the Contractor was no longer required to pay such airport fees and/or charges.

(b) If, after award, additional airport fees and/or charges are imposed and the U.S. Government is not exempt from such fees, the affected unit prices shall be increased by such amount. This price adjustment shall be from the date of the increase of the airport fee and/or charge, or the date the Contractor notified the Contracting Officer, whichever is later.

ORDERING (INTO-PLANE)

(a) Any supplies and services to be furnished under this contract shall be considered ordered by issuance of a delivery receipt signed by an authorized user designated in the contract. Such orders may be issued from 01 January 2027 through

31 December 2030.

(b) All orders are subject to the terms and conditions of this contract. In the event of conflict between an order and this contract, the contract shall control.

RELEASE OF PRICES

DLA Energy will release prices of successful Offerors after contract award pursuant to 10 U.S.C. 2305(g)(2), FAR 15.506(d)(2) and 32 CFR 286h-3. Prices are the bottom-line price and do not include any breakout of costs, such as transportation or overhead, and do not disclose the Offeror’s anticipated profit or any pricing factors.

AUTHORIZED NEGOTIATORS

The Offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations.

NAME TITLE PHONE NUMBER E-MAIL ADDRESS

FOREIGN TAXES

In accordance with FAR 52.229-6, unless otherwise provided by the contract, the contract price must include all applicable foreign taxes, duties, fees, or foreign government-levied charges (“taxes and duties”), excluding taxes from which the U.S. Government is exempt. In accordance with the TAXES - FOREIGN FIXED-PRICE CONTRACTS clause 52.229-6, the offeror shall identify the specific name and amount of the foreign taxes and duties included in their proposed price under paragraph (a) below. Separate invoicing of foreign taxes and duties are not authorized under this solicitation.

(a) Foreign taxes and duties included in the contract price are as follows:

NAME OF TAX, DUTY, FEE, OR FOREIGN GOVERNMENT-LEVIED CHARGE AMOUNT

WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION

When a vendor becomes aware that an invoice was submitted for a price or quantity that is lower than the correct amount, the following needs to be done:

1. The vendor will go to WAWF and try to recall the invoice and do changes in price or quantity. If the vendor is unable to recall the invoice:

2. The vendor will submit via fax (Fuels EDM FAX Line: 614-701-2638 or DSN 791-2638/ Toll Free 855- 234-5592) a manual invoice to the payment office, SL4701, which identifies the invoice as an adjustment with an invoice number that is a derivation of the original invoice number that was submitted and paid. (For example, if the original invoice number was 12345, then adjustment invoice number shall be 12345ADJ).

3. The adjustment invoice should have the original price or quantity cited as well as the corrected price or quantity and the net adjustment,

4. All other proper invoice criteria, in accordance with the Prompt Payment Act, remain required for adjustment invoices.

5. The vendor can print the WAWF invoice and use it to make the adjustments as described above.

If a vendor has payment status questions, they may contact either DFAS-Customer Service at DFAS- CO_LC@DFAS.MIL or dial 1-800-756-4571 option 2, or contact their DLA Energy Contracting Officer, to obtain contract information from their contract.

mailto:DFAS-CO_LC@DFAS.MIL mailto:DFAS-CO_LC@DFAS.MIL mailto:DFAS-CO_LC@DFAS.MIL

Note: The aforementioned email address contains an underscore “_” between the “CO” and “LC”

PROPOSAL ACCEPTANCE PERIOD

(a) Acceptance period, as used in this contract text, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of proposals.

(b) This contract text supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

(c) The Government requires a minimum acceptance period of _60_ calendar days.

(d) If the Offeror specifies an acceptance period which is less than that required by the Government, such offer may be rejected.

(e) The Offeror agrees to execute all that it has undertaken to do, in compliance with its offer, if such offer is acceptable to the Government and is accepted within the acceptance period stated in (c) above or within any extension thereof that has been agreed to by the Offeror.

E-MAIL PROPOSALS

(a) Offerors may submit proposals via e-mail. E-mail proposals are subject to the same rules as paper proposals.

(b) E-mail receiving data and compatibility characteristics are as follows:

(1) E-mail address: DLA-Energy-PH.Requirements@dla.mil

(2) The DLA Energy accepts attachments in—

(i) Adobe Acrobat;

(ii) Microsoft Excel;

(iii) Microsoft Word; and

(iv) Microsoft PowerPoint.

(c) Initial proposals, modifications and proposal revisions submitted via e-mail must contain Offeror's signature included in the attachment to the e-mail communication.

(d) Attachments that are not in .pdf file format must be sent password protected for “read only” to ensure the integrity of the data submitted.

(e) Proposals submitted electronically through a single e-mail must be no more than 10 MB. DLA Energy’s mail server will reject messages larger than 10 MB.

(f) The DLA Energy e-mail filter will scan the incoming e-mail and attachments for viruses and key words.

Abbreviations for terms such as “Analysts” or using “3Xs” as placeholders in a document are found in the filter’s adult content library and may result in the e-mail delivery being delayed. Offerors are encouraged to verify receipt of e-mail offers by contacting the Contracting Officer prior to the solicitation closing time.

(g) If any portion of an e-mail proposal received by the Contracting Officer is unreadable, the Contracting Officer will immediately notify the Offeror and permit the Offeror to resubmit the proposal. The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the Offeror and the resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the Offeror complied with the e-mail submissions instructions provided in this paragraph and with the time and format requirements for resubmission prescribed by the Contracting Officer.

mailto:DLA-Energy-PH.Requirements@dla.mil

(h) The Government reserves the right to make award solely on the e-mail proposal. However, if requested to do so by the Contracting Officer, the apparently successful Offeror promptly shall submit the complete signed original proposal.

SITE VISIT

(a) It is the responsibility of the offerors/bidders to inspect the site where supplies are to be delivered and to obtain all available information about the site necessary to satisfy themselves about general and local conditions that may affect delivery and the cost of contract performance, to the extent that the information is reasonably obtainable. Offerors/bidders are responsible for any costs incurred for any site inspection and for obtaining information.

(b) In no event shall failure to inspect the site constitute grounds for a claim after contract award.

ABBREVIATIONS (INTO-PLANE)

Abbreviations used herein are as follows: PRODUCTS

AVGAS 100/130 Aviation Gasoline, Grade 100/130

AVGAS 100/LL Aviation Gasoline, Grade 100/130, Low Lead CI Corrosion Inhibitor

FSII Fuel System Icing Inhibitor IP4 Turbine Fuel, Aviation, JP4 IP8 Turbine Fuel, Aviation, JP8

Jet A1/IA1 Turbine Fuel, Aviation, JA1Jet A/IAA Turbine Fuel, Aviation, JA1

Jet B/IAB Turbine Fuel, Aviation, JAA SDA Static Dissipator Additive

UNIT OF MEASURE

Bbl U.S. Barrel (42 USG) Gal U.S. Gallon

HL Hecto Liter

IG Imperial Gallon

L Liter

USG U.S. Gallon

UNIT OF CURRENCY

A$ Australian Dollar CN$ Canadian Dollar

€ Euro

$/US$ U.S. Dollar MILITARY SERVICE

RCAF Royal Canadian Air Force USA U.S. Army

USAF U.S. Air Force USCG U.S. Coast Guard USMC U.S. Marine Corps

USN U.S. Navy OTHER

AB Air Base

AFB Air Force Base APT Airport

EST Estimated

GTR Greater

IAP International Airport IAW In Accordance With IFB Invitation For Bids INTL International

MAPT Municipal Airport

PAP Posted Airport Price

PR Purchase Request

QTY Quantity

RAPT Regional Airport

RFP Request For Proposals RFQ/REQT Requirement

US United States w/ with w/o without

CONVERSION FACTORS

(a) This contract text applies to all products except lubricating oils.

(b) The offeror should use conversion factors that reflect its product characteristics and submit prices and transportation rates in the requested units. In the event prices or transportation rates are not submitted in the requested units, the following conversion factors based on an assumed density for the product will be used by DLA Energy in the evaluation of the offer.

(1) TABLE I.

One Imperial Gallon

= 1.20095 U.S. Gallons at the same temperature

One Liter = 0.264172 U.S. Gallons at the same temperature

One Cubic Meter (1,000 liters)

= 6.2898 Barrels at the same temperature

One U.S.

Barrel

= 42 U.S. Gallons at the same temperature

One Kilometer = 0.62137 Miles One Mile = 1.6093 Kilometers One Nautical Mile

= 1.15 Statute Miles

(2) TABLE II.

DENSITY TYPICAL

PRODUCT @15oC @60oF

P

ER TON

BARRELS PER GALLONS PER LITERS PERBARRELS PER

G

A

LLONS Kg/m3 API METRIC TON METRIC TON METRIC TON LONG

TON LONG

AUTOMOTIVE

GASOLINE (ALL)

744.9

58.4 8.462 355.42 1342.46 8.598 361.12

AVIATION

GASOLINE (ALL)

716.3

66.0

8.801

369.66

1396.06

8.943

375.59

BURNER FUEL OILS

FUEL OIL NO. 1

812.8

42.5

7.753

325.61

1230.31

7.877

330.83

FUEL OIL NO. 2

846.9

35.5 7.440 312.49 1180.78 7.560 317.51

FUEL OIL NO. 4

914.2

23.2 6.891 289.44 1093.85 7.002 294.09

FUEL OIL NO. 5

LIGHT 954.2

16.7

6.602

277.27

1048.00

6.707

281.71

FUEL OIL NO. 5

HEAVY 960.7

15.7

6.557

275.39

1040.91

6.662

279.81

FUEL OIL NO. 6

976.6

13.3 6.450 270.90 1023.96 6.554 275.25

DIESEL FUELS

NO. 1 DIESEL

(ALL)

818.9 41.2 7.695 323.17 1122.15 7.818 328.36

NO. 2 DIESEL

(ALL) & GAS OIL

839.3

37.0

7.507

315.30

1191.47

7.628

320.36

INTERMEDIATE FUEL OILS

IFO 180

965.3

15.0

6.526

274.09

1035.95

6.630

278.48

IFO 380 973.9 13.7 6.468 271.65 1026.68 6.572 276.01

JET FUELS

JP4/JET 764.6 53.5 8.243 346.22 1307.87 8.376 351.78

JP5 819.9 41.0 7.686 322.8 1219.66 7.809 327.98

JP8/JET

A1/F34/TS1

805.9 44.0 7.82 328.42 1240.85 7.945 333.69

JET A 814.2 42.2 7.739 325.04 1228.2 7.863 330.26

KEROSINES (ALL) 815.2 42.0 7.73 324.68 1226.69 7.854 329.88

MARINE GAS OIL 839.3 37.0 7.507 315.3 1191.47 7.628 320.36

NAPHTHA 731.1 62.0 8.623 362.16 1367.8 8.761 367.97

NAVAL

DISTILLATE

844.3 36.0 7.463 313.43 1184.41 7.582 318.46

FUEL (F76) AND

DFW (F75)

TABLE III.

ASSUMED DENSITY

PRODUCT 20 deg C/20 deg C g/mL lb/gal Kg/gal

FSII DIEGME 1.025 8.561 3.884

EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS)

(a) Offerors are expected to submit offers in full compliance with all terms and conditions of this solicitation.

(b) Any exceptions/deviations to the terms and conditions of this solicitation will result in the Government's determination that either--

(1) The exception/deviation is material enough to warrant rejection of the offer in part or in full;

or

(2) The exception/deviation is acceptable.

(c) If the exception/deviation is in reference to a specification contained in this solicitation and the offeror cannot supply product fully meeting the required specification(s), the product can be offered for consideration provided the offeror clearly indicates, by attachment to the offer, the extent to which any product offered differs from the required specification(s).

(d) If the exception/deviation is in reference to a particular test, inspection, or testing method contained in this solicitation, the offer can be considered provided the offeror clearly indicates, by attachment to the offer, the extent to which its offer differs from those requirements.

(e) If the exception/deviation is determined acceptable, offered prices may be adjusted, for evaluation purposes only, by the Government's best estimate of the quantitative impact of the advantage or disadvantage to the Government that might result from making an award under those circumstances.

SUPPLIES OR SERVICES AND PRICE/COST

SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (INTO-PLANE)

(a) (1) The contract quantities shown below are best estimates only of the Government's requirements for the contract period.

With respect to the products and/or services awarded at each individual airport location, the Contractor is obligated to deliver Into- Plane the supplies and perform the services required at such location, and the Government is obligated to order, accept, and pay for such supplies and/or services required at such location even though the quantities actually required during the contract period may be greater or less than the estimated quantities, except as provided for in the DELIVERY-ORDER LIMITATIONS contract provision.

(2) The estimated quantities shown in the Schedule do not include quantities that may be required by the Government for military exercises that are conducted at a specific airport location. The Government reserves the right to support military/federal exercises by using Government-furnished fuel, equipment, and personnel.

(3) In addition, if a Government facility is located at the airport, 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.

(b) REQUIREMENTS. This is a requirement contract for the supplies or services specified and effective for the period stated in the ORDERING (INTO-PLANE) contract provision.

(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 DLA Energy 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. 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 be 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 specified 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 of 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.

(c) Unless otherwise specified in the Schedule or the Notes/Exceptions, the Contractor shall perform all fuel deliveries called for under the contract using its established facility for the airport (ICAO) specifically solicited. Offerors must have authorization from the appropriate airport authorities for access to the airport property where the refueling will be performed. Delivery shall encompass all delivery methods available at the airport (hydrant, truck, etc.). Exceptions to this must be stated prior to award.

(d) Prices indicated hereunder are subject to the ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (DOMESTIC INTO- PLANE) contract provision for the contract period.

(e) For Electronic Point of Sale (POS) information, refer to the DELIVERY AND INVOICING REQUIREMENTS (INTO- PLANE) contract provision.

(f) Offerors that will not perform the into-plane refueling operation themselves must submit, with their initial proposal, a commitment letter from the RO or FBO that will perform the refueling operation. The commitment letters must demonstrate the RO’s or FBO’s commitment to support the Offeror in performance of the resulting contract. See the sample commitment letter included in the attachments.

I. SCHEDULE

AIRPORT LOCATION IDENTIFIER: AIRPORT LOCATION:

PRODUCT GRADE IN

ORDER OF

PREFERENCE (IF

ALTERNATE SUBITEM

NO.M57 AND MIL-STD-

1548H) (if applicable)

EST QUANTITY

(GALLONS)

UNIT PRICE

PER GALLON

II. REFUELING OPERATOR INFORMATION. NOTE: If the prime contractor will use another source as the refueling operator, a Commitment Letter from the FBO or RO must be submitted with the offer.

A.

NAME ADDRESS TELEPHONE NUMBER

B. SOURCE OF PRODUCTS OFFERED:

NAME ADDRESS

C. CONTRACTOR REPRESENTATIVE OR AGENT. (Full name, address, and phone number if different from II.A.)

III. HOURS DURING WHICH SUPPLIES/SERVICES WILL BE AVAILABLE: (See the GENERAL DELIVERYCONDITIONS paragraph of the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) contract provision.)

[ ] 24 hours per day, 7 days per week (preferred)

OR

[ ] Other (Specify hours/call-out capability, and phone number for callouts):

Hours of operation:

Phone/Pager/Cellular Number (please identify):

Answering service and contact number: ________________________________________

Is advance notice required for after-hours delivery? [ ] Yes* [ ] No *If yes, how far in advance (days, hours, minutes, etc.)? ___________________

Will there be a Call-Out Fee for after-hours delivery? [ ] Yes* [ ] No *If yes, specify the amount and how charged (by occurrence or by hour). Occurrence is defined as a dispatch to refuel, regardless of number of aircraft serviced).

$ [ ] per occurrence OR [ ] per hour

NOTE: Call-Out Fees and hours are not evaluated items; however, in the event that 24-hour service is not available, and the Government was unable to provide advance notification of after-hour delivery requirements, into-plane fuel may be procured from another source.

IV. AIRPORT FEES AND/OR CHARGES APPLICABLE TO U.S. GOVERNMENT AND INCLUDED IN THE SECTION I.

UNIT PRICE ABOVE. (See the AIRPORT FEES AND/OR CHARGES contract provision.)

NAME AND ADDRESS IN FULL OF

AUTHORITY

TO WHOM FEE AND/OR CHARGE IS PAID

AMOUNT OF FEES AND/OR CHARGES PER

GALLON

AND GRADE OF PRODUCT APPLICABLE

V. NONPRODUCT ITEM CHARGES NOT INCLUDED IN THE SECTION I. UNIT PRICE ABOVE.

SUBITEM NO. PRODUCT TYPE OF CHARGE UNIT PRICE

VI. NONREFUNDABLE DUTIES AND TAXES NOT INCLUDED IN THE SECTION I UNIT PRICE ABOVE.

SUBITEM NO. PRODUCT TYPE OF CHARGE DUTY TAX

VII. ADDITIONAL INFORMATION.

A. Does your company have worldwide web/internet access? [ ] Yes [ ] No

NOTE: For those companies with internet access, DLA ENERGY will not issue paper copies of price change modifications for any resultant contract as these same price changes are available on the DLA ENERGY Home Page at http://www.desc.dla.mil/PublicPages/Business.cfm.

B. Does your company have a web site? [ ] Yes* [ ] No *If yes, what is the web address? ______________________________

C. Does your company have email capability? [ ] Yes* [ ] No *If yes, what is your email address? ______________________________

D. Is your company registered under the System for Award Management (SAM)? [ ] Yes [ ]No

E. What is your company's Dun and Bradstreet number? ______________________________

F. What is your company’s CAGE code number? ____________________________

VIII. NOTES/EXCEPTIONS.

1. FEDERAL, STATE, AND LOCAL TAXES AND FEES contract provision. Federal Excise Taxes are applicable to deliveries to all U.S. Government aircraft (military and civilian). Civilian deliveries are to be invoiced and paid separately. Military deliveries are to be reimbursed by the Internal Revenue Service (IRS).

2. EMERGENCIES. In the event of an emergency during nonduty hours (nights, weekends, and holidays), please contact the Command Control Center at (571) 767-8420.

ECONOMIC PRICE ADJUSTMENT (OVERSEAS INTO-PLANE)

(a) WARRANTIES. The Contractor warrants that--

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

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

(b) DEFINITIONS. As used throughout this contract provision—

(1) The term award price means the unit price set forth opposite the item in the Schedule.

(2) The term market price means the price or average of prices for the same or similar commodity within a market, which is beyond the control of the Contractor, set forth in the publication(s) listed in the Table in paragraph (j) below, from which the award price is to fluctuate.

(3) The term date of delivery means the date and time product under this contract is delivered into-plane.

(4) The term week means a consecutive seven-day period beginning on a Monday.

(5) The term published means issued either in print 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 prices set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail.

(c) ADJUSTMENTS.

(1) The prices payable under this contract shall be adjusted upward or downward through issuance of contract price change modifications or web price changes during the period of performance.

(2) The prices payable hereunder shall be determined by changing the award price by the same number of cents, or fraction thereof, that the market price increases or decreases, as measured in U.S. dollars, per like unit of measure. The frequency of adjustments will be noted in paragraph (j) for each applicable item.

(3) An increase or decrease in the market price shall apply, provided the notification requirements in paragraph (4) below have been met, only to deliveries made on or after the effective date of the price change as stated in the publication.

(4) NOTIFICATION. If required in paragraph (j), the Contractor shall notify the Contracting Officer, Defense Logistics Agency Energy (DLA Energy), of any change in the market price within 15 days from the date thereof. Increases received after the 15-day notification period shall be effective on the date they are received by the Contracting Officer. Decreases shall be effective the date of the decrease in the price notification to the Contracting Officer and prices shall be adjusted retroactively.

i. INCREASES. Any increase in the unit price as a result of an increase in the market price shall apply only to deliveries made on or after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase. However, the prices payable under this contract shall in no event exceed the Contractor’s posted or established selling price in effect on the date of delivery for the same product. No modification incorporating an increase in a contract unit price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.

ii. DECREASES. Price decreases shall apply to deliveries made on or after the effective date of such decrease. If the

Contractor fails to notify the Contracting Officer of any decrease in the market price within the allotted 15-day period, and an overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(5) DAY OF PUBLICATION. Will be specified for each item in paragraph (j).

(6) PRICE ADJUSTMENT NOTIFICATIONS/MODIFICATIONS. The Contracting Officer will issue a contract price change modification or web price adjustment notification to reflect any change pursuant to this provision. However, no modification incorporating an increase in a contract unit price shall be executed pursuant to this provision until the increase in the applicable published market price has been verified by the Contracting Officer. Contract price adjustments shall be provided via notification through contract modifications and/or posting to the DLA Energy web page at http://www.dla.mil/Energy/ under the heading Doing Business with Energy and then Prices to Web. The contractor shall notify the contracting officer of any discrepancy in the calculation of the price adjustment for resolution prior to submitting an invoice. The contractor shall be liable to the Government for any administrative fee charged by the AIR Card® contractor to reprocess a transaction to correct any overpayment or underpayment resulting from the contractor’s failure to verify the calculation of the price adjustment prior to invoicing.

(7) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 400 percent of the award price in any applicable program year (whether a single year or a multiyear program), except as provided hereafter.

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

ii. 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, until the Contracting Officer issues either a contract modification to raise the ceiling or written notification that the ceiling will not be raised.

(8) REVISION OF MARKET PRICE INDICATOR. In the event any applicable market price is discontinued or its method of derivation is altered substantially, the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustment described hereunder. No retroactive adjustments will be made.

(9) CORRECTIONS. Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com for its subscribers). If a correction to a reference price is found on Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices as notice of the correction is received. DLA Energy will work with the pricing services to determine the appropriate price, where an offeror or contractor can show that the price referenced should be reviewed.

(d) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract provision, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of 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.

(e) IMPORTANT: All of the proposed market prices listed in the Table below must meet the provisions set forth under the

EVALUATION OF OFFERS SUBJECT TO ECONOMIC PRICE ADJUSTMENT provision.

(f) CONVERSION FACTORS. If this contract provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS provision, apply unless otherwise specified in the Schedule. For quantity conversion factors not listed in the CONVERSION FACTORS provision, the Contractor should contact the DLA Energy Contracting Officer.

(g) 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 conditions of this contract provision.

(h) FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract provision.

(i) All market prices must be stated in U.S. dollars per U.S. gallon. Conversion to U.S. gallons is in accordance with the CONVERSION FACTORS contract provision.

(j) TABLE.

I II III IV V VI

Item No.

(listed items)

Name of Publication

Heading under which reference price is published and name of product

Location where reference price is applicable

Method of delivery applicable to the market price

Market price as of 30 June 2026 (excludes all taxes)

INTO-PLANE PROGRAM- FUEL DELIVERIES; AIR CARD® ACCEPTANCE; & TRANSACTION

INVOICING INSTRUCTIONS

A. GENERAL DELIVERY CONDITIONS.

Except as otherwise provided in the Schedule—

1) Delivery shall be made FOB to the authorized Government aircraft, or Into-Truck at the respective airport.

2) The Contractor shall provide a responsible point of contact 24 hours a day, 7 days a week.

3) The only authorized method of payment for all Into-Plane deliveries is the Aviation Into-Plane Reimbursement (AIR) Card®. Requests for delivery shall be made by the AIR Card® holder, and the Contractor shall deliver the product to be furnished by all methods of delivery.

4) The following modes of delivery are authorized under an awarded Jet Fuel contract line item (CLINS): Into-Plane and Into-Truck.

5) The unit of quantity, as used in Into-Plane contracts, shall be in U.S. Gallons. The quantity delivered hereunder shall be determined by calibrated meter and shall be determined as net for invoicing purposes.

B. PREPARATION OF DELIVERY RECORDS/INVOICING FOR ELECTRONIC POINT OF SALE (POS);

MANUAL PROCESSING; AND ANY OTHER AVAILABLE ELECTRONIC TRANSACTION

PROCESSING/SUBMISSION METHOD OF AIR CARDS®.

1) Into-Plane contractors shall ensure the price for all CLINS is escalating correctly. Contract pricing can be access via the DLA Energy Prices to Web page at https://cis.energy.dla.mil/energy_cis/.

In the event of a pricing issue, please contact your Contract Specialist or Contracting Officer to resolve the discrepancy. Pricing errors could result in payment discrepancies, and it will be the Into-Plane contractor’s responsibility to resolve the discrepancy with the AIR Card® Contractor (ACC).

2) Into-Plane contractors must contact the ACC, Kropp Holdings, Inc (KHI), for assistance on setting up Electronic Point of Sale (POS) devices, and instructions on invoice submission process. The ACC can be contacted by calling domestic at 1-866-308-3811 or international collect at 001-913-217-9303.

3) At the time of a fuel delivery, the AIR Card® holder must present their AIR Card®. In the event the AIR Card® holder fails to physically show the AIR Card® to the merchant, the Into-Plane contractor can deny services; or they can call the ACC for assistance obtaining the AIR Card® number. The Into-Plane contractor shall notify the DLA Energy Contracting Officer of the incident, in writing, within 72 hours of occurrence in an effort to further educate the aircrew about the required Into-Plane & AIR Card® acceptance procedures. Written notification to the Contracting Officer shall explain the situation, the method of purchasing if another than the AIR Card® was used, and identification of the aircrew and unit that failed to have the proper AIR Card®.

4) Mandatory Pricing Uploads: Into-Plane contractors must submit their weekly fuel and authorized ancillary services into the Price Repository Tool located in the Air Card® Electronic Access System (EAS). The AIR Card® EAS is located at https://aircardeas.com/

5) Fully Itemized Delivery Ticket: The Into-Plane contractor shall present to the AIR Card® cardholder a fully itemized and priced ticket for the cardholder to sign before the cardholder leaves the airport. The Into-Plane contractor shall record deliveries that occurred under the AIR Card® on a commercial merchant delivery receipt or point-of-sale (POS). An AIR Card® Standard Delivery Ticket form can be found in the AIR Card® EAS. The Into-Plane contractor shall ensure at a minimum that the following data elements are recorded on the delivery receipt after the AIR Card® is presented:

i. Merchant Identification Number (MIN) (available from the ACC - Call 1-866-308-3811) or the four-character ICAO airport identifier.

ii. AIR Card® Number.

iii. Aircraft tail number/Side number truck number; Navy Unit Identification Code/Serial Number, or any other identification number.

iv. Contract Number.

v. Each applicable CLIN.

vi. Contract Unit Prices ($) for that day per applicable CLIN. Transactions submitted with $0.00 or incorrect pricing per the terms of the contract will be rejected back to the IP Contractor for correction.

vii. Total Clin Amount.

viii. Total Invoice Amount.

ix. Delivery date reflected as MM/DD/YYYY.

x. Delivery Time.

xi. Grade of fuel.

xii. Net quantity of fuel delivered, which must be clearly stated on each delivery ticket in either U.S. gallons or liters (expressed in whole numbers only). The unit of measure must be clearly identified on each delivery ticket. For invoicing purposes and payment purposes, the only acceptable unit of measure is US Gallons.

xiii. AIR Card® holder printed name and signature.

a. Signature collection requirement exceptions are authorized for rapid refuels and aircraft de-icing operations.

6) All transactions shall be recorded accurately by the actual lift date and time. The Contractor shall ensure the exact lift time is captured and reported for all fuel transactions on a single delivery ticket without bundling. The Contractor is prohibited from submitting bundled charges. All transaction records must be itemized to detail each product or service as a distinct line item. The Contractor shall record each transaction to capture the exact date and time the product was delivered or the service was rendered. Bundling is defined when more than one (1) single instance/s for product and/or services are combined and recorded as one (1) single transaction under one (1) single delivery ticket either on the same day or across multiple days. Bundling multiple transactions on a single delivery ticket is unauthorized under the AIR Card® Program.

7) Tax Management: The Into-Plane contractor shall ensure that no taxes are incorporated in the fuel price for transparency purposes. The Into-Plane contractor shall ensure that unauthorized taxes are exempted at the time of sale.

The AIR Card® EAS has a Tax Repository Tool with additional information about tax applicability, exemption, and reimbursement process.

8) Invoicing: Into-Plane contractors are prohibited from submitting $0 price transactions. Contractors must actively maintain their current rates within the Price Repository to calculate correct pricing.

9) Required Documentation Uploads: Into-Plane contractors must upload fully price and itemized signed delivery tickets and their corresponding priced invoices into the EAS within 15 days of transaction submission.

10) Into-Plane contractors shall keep Fixed Base Operator (FBO) Locator records up to date. Into-Plane contractors shall provide data or data attestations regarding the accuracy of their data at a minimum frequency of every six months.

Information on the FBO Locator must be an actual reflection of the capabilities present at the airport, and the fuel products available. The FBO Locator can be found at https://aircardeas.com/portal/fbo_locator Into-Plane contractors must ensure all relevant changes to the data is communicated to the Into- Plane team timely. This includes instances like name changes; hours of operations updates; and sources of supply changes.

11) The Defense Finance and Accounting System (DFAS) Columbus will be responsible for making payments in U.S.

dollars on all Into-Plane contract line items transactions. For inquiries on Into-Plane contract payment, please contact your Contract Specialist/Contracting Officer only with the following information:

i. Into-Plane Contract Number (SPE607XXDXXXX).

ii. Cage Code.

iii. Delivery Ticket/ Invoice Number.

iv. Delivery Date.

v. Quantity (USG).

vi. CLIN Price.

vii. Total Invoice Amount.

viii. The Transaction Processing Summary (TPS) received at the time the transaction was submitted to the ACC for process. If the TPS is not available, please contact the ACC for a copy.

C. AUTHORIZED USERS. The following aircrafts are authorized to obtain fuel at DLA Energy contract locations:

1) Aircraft of all Department of War (DOW) components including the National Guard and Reserve activities.

2) Approved U.S. Federal Civilian Agencies aircraft.

3) Military aircraft participating in a civil Air Show