RFP NO. SPE60526R0203.pdf
PDF 1007 KB Posted
- Solicitation number
- SPE605-26-R-0203
- Issued by
-
Defense Logistics Agency Energy
About this file
This is a Request for Proposal (RFP) for fuel delivery to the Erbil Diplomatic Support Center in Iraq, issued by the Defense Logistics Agency Energy (DLA Energy). The solicitation seeks a Women-Owned Small Business (WOSB) to provide two contract line items: 54,000 gallons of Midgrade Unleaded Gasoline (MUM) and 804,000 gallons of Diesel Fuel (10 PPM Sulfur) to be delivered weekly to the Erbil Diplomatic Support Center during the period of February 2, 2026 to January 31, 2027.
The RFP requires offerors to demonstrate technical capability in supply, transportation, and storage, including detailed documentation such as supply chain maps, source commitment letters, quality certificates, transportation asset commitments, and storage facility information. The contract will be awarded on an "all or none" basis to the lowest-priced technically acceptable offeror. Mandatory requirements include registration in the Joint Contingency Contracting System (JCCS), System for Award Management (SAM), and compliance with specific fuel specifications for both gasoline and diesel. Proposals are due January 7, 2026, at 9:00 AM Eastern Time, with an anticipated award date of February 2, 2026.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| AMENDMENT 0003_KO signed.pdf | ||
| SF30_AMD0001.pdf | ||
| ATTACHMENT 1 - PRICE DATA SHEET.xlsx | XLSX spreadsheet | |
| ATTACHMENT 3 - FUEL SOURCE DATA SHEET.xlsx | XLSX spreadsheet | |
| ATTACHMENT 2 - LETTER OF COMMITMENT INSTRUCTIONS.pdf |
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Text version
WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
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
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:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30. 7014536109 83
SPE605-26-R-0203
Suttom Beshir
SPE605
NET 30
DO-C9
SEE SCHEDULE
///////////////SEE SCHEDULE///////////////
12/05/2025
1/07/2026
0900 AM EST
DLA Energy - FEPDA 8725 John J. Kingman Rd., Suite 4950 Ft. Belvoir, VA 22060-6222
USA
STOCK RECORD (S/R)
STANDARD FORM 1449 (REV. 11/2021) BACK
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
RFP No: SPE605-26-R-0203
I. GENERAL INFORMATION REGARDING REQUEST FOR PROPOSAL
a. This requirement is for two Contract Line Item Numbers (CLINs) only. This means that Offeror(s) must offer on both
CLINs 0001 and 0002 and meet ALL the requirements to be considered for award.
b. Offeror Proposals Due Date: January 7, 2026, 9:00 A.M. Eastern Time, Fort Belvoir, VA.
Email offer to: Contract Specialist, Marcus Jhonte Nolan at Marcus.Nolan@dla.mil, Contract Specialist, Suttom Beshir at Suttom.Beshir@dla.mil and Contracting Officer, Orlando Rodriguez, Sr. at Orlando.Rodriguez@dla.mil
• Offeror Questions Due: December 10, 2025, at 9:00 A.M. Eastern Time, Fort Belvoir, VA.
Email questions to: Contract Specialist Marcus Jhonte Nolan at Marcus.Nolan@dla.mil, Contract Specialist, Suttom Beshir at Suttom.Beshir@dla.mil, Contracting Officer, Orlando Rodriguez, Sr. at Orlando.Rodriguez@dla.mil, Contracting Officer, Augustus Patterson at Augustus.Patterson@dla.mil, and Contracting Officer, Roger Brown at Roger.Brown@dla.mil
c. Award will be made to the lowest priced technically acceptable Offeror whose offer meets the requirements of the solicitation and will be most advantageous to the Government, price and other factors considered. See also below *FAR 52.212-2, Evaluation Criteria
d. Special Note(s): (Vendors will not need access into/through Erbil International Airport (EIA) / Erbil Airbase to deliver fuel at the location.)
Offerors SHALL provide the following by the offer due date and time to be deemed in compliance with the solicitation:
i. Provide signed SF 1449
ii. Certificate of Quality (COQ) for Gasoline, Mid Unl (MUM) recent within past 3-months of RFP deadline date that meets the Government’s specifications, which are provided in C16.69-2 GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (PC&S) (DLA ENERGY JUN 2017).
iii. Certificate of Quality (COQ) for Diesel Fuel, 10 PPM Sulfur (SFD) recent within past 3-months of RFP deadline date meeting the Government’s specifications, which are provided in C16.67-2 DIESEL FUEL SPECIFICATION (SFD)
(PC&S) (DLA ENERGY MAY 2025)).
iv. Documents demonstrating that the Offeror has Transportation assets capable of meeting requirements including:
a. A detailed description of the offeror’s plan and movement of product(s) to the locations listed in the solicitation schedule.
b. A list and description of all leased and owned transportation modes to be used and/or available for use under this contract.
c. All transportation asset letters of commitment (Attachment 2 – Letter of Commitment Instructions).
v. Documents demonstrating that Offeror has Supply capability to meet the terms of the contract (i.e. Supply or ability to obtain fuel from local source that meet DLA fuel specifications including:
a. A detailed description and a map or chart of the offeror’s supply chain, from vendor source to final delivery, complete Fuel Source Data Sheet (Attachment 3 – Fuel Source Data Sheet)
b. All Source letters of commitment
c. Certificates of Quality and/or Analysis (COQ/COA), for all products listed in the attached schedule:
• Certificate of Quality (COQ) for Gasoline, Mid Unl (MUM) recent within past 3-months of RFP deadline date that meets the Government’s specifications, which are provided in C16.69-2 GASOLINE
AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (PC&S) (DLA ENERGY JUN 2017).
• Certificate of Quality (COQ) for Diesel Fuel, 10 PPM Sulfur (SFD) recent within past 3-months of RFP deadline date meeting the Government’s specifications, which are provided in C16.67-2 DIESEL
FUEL SPECIFICATION (SFD) (PC&S) (EUROPE) (MIDDLE EAST) (DLA ENERGY NOV
2018).
vi. Documents demonstrating that the Offeror has Storage capability to meet the terms and conditions of the contract including the following:
a. A list and description of all storage tanks, capacity of storage tanks/facilities and equipment to be used for storage and distribution of the product(s) listed in this contract.
b. All storage/distribution facilities lessor letters of commitment or lease agreements.
mailto:Marcus.Nolan@dla.mil mailto:Suttom.Beshir@dla.mil mailto:Orlando.Rodriguez@dla.mil mailto:Marcus.Nolan@dla.mil mailto:Suttom.Beshir@dla.mil mailto:Orlando.Rodriguez@dla.mil mailto:Augustus.Patterson@dla.mil mailto:Roger.Brown@dla.mil
vii. Unit price for Line Item 0001 and 0002. See fill-in for Clause B1.05 herein and also fill in Attachment 1 (Price Data Sheet) and provide it with your proposal.
viii. Provide the CAGE Code and JCCS number for the prime contractor (i.e. the Offeror). The Offeror’s JCCS account information SHALL be current, accurate and complete by the date that offers are due by the deadline of January 7, 2026, 9:00 A.M. Eastern Time, Fort Belvoir, VA.
ix. Offeror Representations & Certifications, SHALL include fill-in provisions as follows:
a. F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (PC&S)
(DLA ENERGY AUG 2005)
b. 6. ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM
(DLA ENERGY JAN 2012)
c. L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE DELIVERY OF
PRODUCT (PC&S) (DLA ENERGY JAN 2012)
d. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (OCT 2025)
e. FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)
f. DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE (NOV 2014)
g. FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT
2020)
x. Close coordination with site personnel and DLA Energy Middle East Office is required prior to each delivery.
xi. Any violation of the Iran Sanctions Act is strictly forbidden. Contractor SHALL NOT source nor blend any portion of the fuel destined for DLA Energy with refined fuel products sourced from Iran. In accordance with OFFEROR
REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(NOV 2023), by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act.
e. All prime contractors SHALL register in the Joint Contingency Contracting System (JCCS), and are required to maintain current, accurate, and complete registration for the life of the contract. Contractors SHALL be fully registered in SAM.gov and fully registered in JCCS by the proposal deadline date of January 7, 2026, 9:00 A.M. Eastern Time, Fort Belvoir, VA..
Fully registered in sam.gov means that the vendor has a current valid date and an expiration date in the future. Fully registered in JCCS means that the vendor has an active approved account that has all the accurate requested data submitted in JCCS and there are no issues with the uploaded information; and the info is complete and accurate by the deadline of January 7, 2026, 9:00 A.M. Eastern Time, Fort Belvoir, VA.
U.S. and Coalition Commanders possess inherent authority to maintain law and order, provide security, and impose discipline necessary to protect the inhabitants of U.S. and/or Coalition installations. This authority allows Commanders to administratively and physically control access to installations and/or projects, and to bar contracts – including prime contractors, subcontractors at any tier, and employees, from an installation or site. A Commander’s inherent Force Protection (FP) authority is independent of an agency’s contracting authority, and it may not be superseded by any contractual term or provision.
Failure to be approved (in JCCS) and thereby ineligible for installation access at the delivery location(s), renders the contractor ineligible for award. Any contractor(s) that is declared ineligible for installation access will be deemed non-responsible until such time that the contractor is deemed eligible by the appropriate access approval authority.
***If the vendor does not meet these initial requirements, they WILL NOT be evaluated or further considered for award.***
A complete vendor submission for the prime contractor in JCCS includes but is not limited to the following:
‒ CAGE/NCAGE Code (UEI field also in JCCS) ‒ Articles of Association or Letter of Incorporation for the Company ‒ Host Nation Business License ‒ Tax Identification Certificate / Tax Clearance Letter ‒ Tax Statement ‒ Complete questionnaire for CENTCOM (Sign certification within 6-month period) o Includes requirement for an Organizational Chart including names & titles of all Key Management Personnel (KMPs)
‒ Current and valid photo identification of all shareholders, directors, and KMPs (front and back for Licenses / top and bottom for Passports) o When a shareholder is another entity (company/bank/etc.), please ensure the vendor provides one of the following as the “identification” for that entity:
Articles of Association or Letter of Incorporation Business License Annual Report from the previous year
‒ Financial Documents: Bank Statement (within last 6 months);
o Does not need to be an audited o Cannot be redacted o Balance Sheet/Profit & Loss are desired but not required
The vendor is prompted to provide all these documents when completing the JCCS profile and questionnaires. Vendor guides are available on the JCCS website (www.jccs.gov). A pre-solicitation notice was posted in sam.gov indicating the requirement for all vendors to be fully registered in JCCS.
• If you are not registered in SAM.gov you will not be eligible for award.
• If you are not fully registered and approved in JCCS by the RFP deadline you are NOT eligible for award and will no longer be considered.
http://www.jccs.gov/
***THIS SECTION INTENTIONALLY LEFT BLANK***
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
B-0001: B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012)
(1) The supplies to be furnished during the period specified in the REQUIREMENTS clause, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract. The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT contract provision.
(2) In an emergency, oral orders may be issued and must be confirmed in writing by a Standard Form 1449 or DD Form 1155 within 24 hours.
(3) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as N/A-year requirements.
(4) Offerors must offer on all line items. An offeror that fails to offer on all products will be ineligible for award. CLINs are not separately awardable; all (number) CLINs will be awarded together, on an “all or none” basis.
SUPPLIES, DELIVERY POINTS,
ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY OFFERED PRICE
0001 Gasoline, Mid Unl (MUM) 54,000 $ /USG
NSN: 9130-01-272-0983
TSW Location ID: CDWEDSCIQ
GPS: 36.15’56”N, 43.55’44”E
Location Name: Erbil Diplomatic Support Center (EDSC) / Camp Paradise City: Erbil State: AE Postal Code: 09316 Country: Iraq Local Time Zone: Baghdad Delivery Day(s): Monday – Sunday Weekdays Delivery Hours: 0800-1700 Weekend Delivery Hours: 0800-1700 Delivery POC Name: Daniel White E-mail: Daniel.L.White148.mil@army.mil Telephone: 319-239-3441 Annual (or exercise) Requirement: 54,000 UoM: UG6 – US Gallons Monthly Requirement: 4,500 Initial Delivery Date: November 10, 2025 Initial Delivery Quantity: 4,500 Period of Performance: February 2, 2026 – January 31, 2027 Delivery Frequency: Weekly Number of Deliveries: 1 Special Access Required: Yes Tank Information:
(1) Capacity: 5,000 Tank Type: Above Ground # Tanks: 1 Tank Location: 38SMF0382213954
Mode of Delivery (MoD): TTWP – Tank Truck w/ Pump & Meter Metered Delivery Tickets Required: Yes Multiple Delivery Tickets Required: Yes Equipment (GFE) and Services Requested:
• Adapter (type): Cam lock Additional Delivery Notes:
• MOGAS has a 4 to 2 inch reducer.
• Bring spare hoses in case (Male and Female).
• MOGAS will be delivered inside the base at the Fuel Point (Grid Coordinates provided)
• In order to access EDSC – delivery can not come through EAB if the drivers do not have Yellow or Blue badges. They must access the base from the Western Gate, coming directly from Erbil
• Alternate POC:
o Name: CPT Michelle Bolton o E-mail: Michelle.Bolton.mil@army.mil o Telephone: 318-239-3607
0002 Diesel Fuel, 10 PPM Sulf (SFD) 804,000 $ /USG
NSN: 9140-01-556-9156
TSW Location ID: CDWEDSCIQ
GPS: 36.15’56”N, 43.55’44”E
Location Name: Erbil Diplomatic Support Center (EDSC) / Camp Paradise City: Erbil State: AE Postal Code: 09316 Country: Iraq Local Time Zone: Baghdad Delivery Day(s): Monday – Sunday Weekdays Delivery Hours: 0800-1700 Weekend Delivery Hours: 0800-1700 Delivery POC Name: Daniel White E-mail: Daniel.L.White148.mil@army.mil Telephone: 319-239-3441 Annual (or exercise) Requirement: 804,000 UoM: UG6 – US Gallons Monthly Requirement: 67,000 Initial Delivery Date: November 10, 2025 Initial Delivery Quantity: 70,000 Period of Performance: February 2, 2026 – January 31, 2027 Delivery Frequency: Weekly Number of Deliveries: 1 Special Access Required: Yes Tank Information:
(2) Capacity: 105,000 Tank Type: Above Ground # Tanks: 8 Tank Location: 38SMF0377713854
Mode of Delivery (MoD): TTWP – Tank Truck w/ Pump & Meter Metered Delivery Tickets Required: Yes Multiple Delivery Tickets Required: Yes Additional Delivery Notes:
• Diesel has threaded 2.5 inch hose at Sally Port.
• Bring spare hoses in case (Male and Female).
• Diesel will be dropped at Sally Port, outside the T-Walls (Grid Coordinates provided).
• In order to access EDSC – delivery can not come through EAB if the drivers do not have yellow or blue badges. They must access the base from the Western Gate, coming directly from Erbil.
• Alternate POC:
o Name: CPT Michelle Bolton o E-mail: Michelle.Bolton.mil@army.mil o Telephone: 318-239-3607
B-0002: B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012)
(i) 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
(2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this contract.
(ii) DEFINITIONS. As used throughout this contract provision, the term--
(1) Award price means the unit price offered by the Contractor and set forth opposite the item in the
Schedule.
(2) Reference price means the market price, this is either published in an independent publication or supplied by the Contractor, with which the award price is to fluctuate. The reference price should be a market price for the same or similar product(s) as the item being purchased.
(3) Date of delivery means--
• FOR TANKER OR BARGE DELIVERIES.
• F.O.B. ORIGIN. The date and time vessel commences loading;
• F.O.B. DESTINATION. The date and time vessel commences discharging;
• FOR PIPELINE DELIVERIES. The date and time product commences to move past the specified f.o.b. point; and
• FOR ALL OTHER TYPES OF DELIVERIES. The date product is received.
(iii) ADJUSTMENTS. The prices payable under this contract shall be the award price increased or decreased by the amount, determined according to the following formula, that the reference price shall have increased or decreased, to and including the date of delivery.
(1) The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.
(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is--
[ ] ( i) The low price published in .
(name of publication)
[ X ] (ii) The average of the prices published in Platts Oilgram .
[ ] (iii) The established price posted by .
(name of company)
(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Gasoil, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used. NOTE: Platts Gasoil issues corrections to its published prices on a regular basis. Platts Gasoil posts corrections to its website (www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts Gasoil website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices, as notice of the correction is received. DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.
(4) NONCOMMERCIAL (NOTIFICATION). For price adjustments utilizing a reference price indicator other than commercial publications such as Platts Gasoil, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof.
• INCREASES. Any increase in unit price as a result of an increase in reference price shall apply only to deliveries made on or after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase. However, the prices payable under this contract shall in no event exceed the Contractor’s posted or established selling price in effect on the date of delivery for the product supplied in the form of delivery made at the point of delivery. Also, no notification incorporating an increase in a contract unit price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.
• DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the reference price, within the allotted 15-day period, such decrease shall apply to all deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease in the established price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with the Disputes paragraph of the CONTRACT TERMS AND
CONDITIONS – COMMERICAL ITEMS clause of this contract.
(5) Where the reference price is the Contractor’s established price (see (c)(2)(iii) above), the Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. The Contractor further warrants that, as of the current date, any differences between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice.
(iv) MODIFICATIONS. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.
(v) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract provision, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Excusable Delays and Termination for Cause paragraphs of the CONTRACT TERMS AND CONDITONS – COMMERCIAL ITEMS clause of the this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.
(vi) 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 300 percent of the award price, except as provided hereafter:
(1) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract provision will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.
(2) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.
(vii) REVISION OF REFERENCE PRICE INDICATOR. In the event—
(1) Any applicable reference price is discontinued or its method of derivation is altered substantially;
(2) The reference price is an average of published or posted prices, and any one price ceases to be published or posted;
(3) The reference price is published in a trade price service or commercial journal and such publication ceases to publish said reference price or changes its method of quoting prices; or
(4) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustment described hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.
(viii) CONVERSION FACTORS. If this contract provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS contract provision, apply unless otherwise specified in the Schedule.
(ix) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this contract provision.
(x) 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.
http://www.desc.dla.mil/
(k) TABLE.
I II III IV V VI VII
Name of If company - Reference Maximum company/ name of product; Method of price payable under publication If publication - delivery as of this contract (identify heading under applicable 1 November
(includes any
Item No. by number which reference Location where to the (Exclude tax included (listed from (c)(2) price is published reference price reference all in the award items) above) and name of product is applicable price taxes) price)
0001 Platts Gasoline, Mid Unl (MUM) - Platts Gasoline Prem
Unleaded 10ppmS
FOB Med Cargo $1.898947 See Paragraph (f) above
0002 Platts Diesel Fuel, 10 PPM Sulf (SFD) - Platts ULSD 10ppmS
FOB Med Cargo $2.236917 See Paragraph (f) above
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C-0001: C1.02 GENERALIZED TECHNICAL GUIDANCE (MAR 2025)
(a) Geographic Requirements
a. Supplies delivered under this contract shall conform to all federal, state, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. This includes delivery of fuel and documentation in a manner consistent with existing or future Title V (Clean Air Act) Permits. In the event that a federal, state, or local environmental requirement is more stringent than a similar requirement in a fuel specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent environmental requirement will be considered nonconforming supply.
b. All supplies furnished under this contract shall fully meet the requirements of the applicable specification(s) as cited in the C QAPs included in this contract.
(b) Certificates of Analysis
a. The term “certificate of analysis” may also be referred to as “certificate of quality”, “quality report”, “COA”, “COQ”, “test report” or any laboratory report used to confirm QAP, specification or test method conformance.
b. Certificate(s) of analysis (COAs) submitted under this solicitation, shall not be older than 90 days from the issue date of this solicitation.
i. COAs older than 90 days may be requested for informational purposes.
c. COA(s) shall contain, at a minimum, the following information:
i. Sample test date
ii. Test result(s)
iii. Test method(s) for each test
iv. Signature or stamp by a laboratory or QC manager
d. Direct Delivery Fuels Purchase program only
i. Domestic locations and US territories: “Typicals” or ”specification sheets” are acceptable for the products listed below --
1. Aviation Fuel
2. Gasoline (including E85)
3. Diesel (including BDI/B20)
4. Heating oil
ii. Overseas locations: COAs are required for all overseas locations for all products.
iii. Marine Gasoil (MGO): A COA is required for all domestic and overseas MGO solicitations.
(c) ASSIST
a. Unless otherwise specified, current versions of defense or federal specifications, standards, military handbooks, commercial item descriptions, qualified product lists, and other related technical documents cited in this solicitation/contract can be accessed from the Department of Defense (DoD) Acquisition Streamlining and Standardization Information System (ASSIST) database at https://assist.dla.mil under or via ASSIST Quick Search at http://quicksearch.dla.mil. ASSIST is the official source for all Defense Standardization Program documents and contains the most current information on documents prepared by the DoD, as well as information on how to acquire referenced non- Government standards that have been adopted for DoD use.
i. Note that commercial or foreign specifications are not located on ASSIST and must be obtained from the relevant sponsoring organization (e.g. ASTM, SAE, API, ISO, etc.).
ii. Registered ASSIST account holders may establish profiles to receive automatic E-mail alerts when changes are planned or made to documents of interest by selecting criteria on the [Alert Portal Profile Maintenance] screens accessed from the [User Profile] menu. Users may also view or download a bi-monthly summary of changes to the ASSIST database under the [ASSIST Update] menu.
b. ASSIST Quick Search Instructions
i. Go to http://quicksearch.dla.mil
ii. Type in the numeric portion of the specification or Qualified Product List (QPL) into the “Document ID:” fillable area and click on the Search button.
iii. Look through the search results to find the desired document and click on the “Document ID”.
1. For specifications: click on the .pdf link under “Media”.
2. For QPL information: click on the “QPL-XXXXX” link located under the Document ID section.
a. On the next screen; within the “Revision History”, click on the “View QPD Data” which will take you to the Qualified Product Database.
b. Once you are in the Qualified Product Database, Click on the link in the “Govt Designation” Column to view qualified products.
c. To view qualified source plants, click on the Source Plants link under the Related Links column.
C-0002: C16.69-2 GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (PC&S) (DLA ENERGY JUN 2017)
NATIONAL STOCK
NUMBER
PRODUCT NOMENCLATURE DLA ENERGY PRODUCT
CODE
9130-01-272-0983 Gasoline, Midgrade Unleaded MUM
Supplies delivered under this contract shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. This includes delivery of fuel and documentation in a manner consistent with existing or future Title V (Clean Air Act) Permits. In the event that a Federal, State, or local environmental requirement is more stringent than a similar requirement in a fuel specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent environmental requirement will be considered to be a nonconforming supply. All supplies furnished under this contract shall fully meet the requirements of the applicable specification(s) as cited below. In the event that compliance with the more stringent requirement causes the contractor to incur additional costs, the contractor may request an equitable adjustment.
NOTE: Gasoline Reid Vapor Pressure (RVP) specification requirements are seasonal and vary geographically. Therefore, Contractors are expected to know the In-country, State, or Federal RVP requirements of areas being supplied and comply with those requirements.
GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE. Gasoline shall conform to each countries specification as listed below:
COUNTRY SPECIFICATION NATIONAL STOCK NUMBER
AUSTRALIA FUEL STANDARD (PETROL) 2001
9130-01-272-0983 CANADA CAN/CGSB-3.5-2001
COSTA RICA RTCA 75.01.20:04
EL SALVADOR RTCA 75.01.20:04
GUATEMALA RTCA 75.01.20:04
HONDURAS RTCA 75.01.20:04
NICARAGUA RTCA 75.01.20:04
PHILLIPINES PNS/DOE QS 008:2012
LOCAL SPECIFICATIONS: In-country specifications not meeting the specification requirements in the chart above, but local requirements may also be submitted for review and approval.
(b) OCTANE REQUIREMENTS
(1) Unleaded midgrade automotive gasoline shall meet the Motor Octane Number (MON), Research Octane Number (RON) and/or Anti-Knock Index (AKI) limits described in the specification listed for each country or the in-country requirements when applicable.
(2) Reductions for altitude and seasonal variations are allowed for all AKI values in accordance with specification listed for each country requirements when applicable.
(c) OXYGENATE REQUIREMENTS.
(1) In order to achieve minimum/maximum oxygen content limits specified per Federal, State, and local environmental requirements, supplies shall only include oxygenates that are permitted by environmental regulations applicable to the time and place of delivery.
(i) Blending of oxygenates into gasoline to meet oxygenated fuel requirements shall be accomplished by mechanical mixing or agitation in a tank or by in-line blending, prior to loading the product into transport equipment, and the resultant product must meet contract requirements.
C-0003: C16.67-2 DIESEL FUEL SPECIFICATION (SFD) (PC&S) (DLA ENERGY MAY 2025)
NATIONAL STOCK
NUMBER
PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE
9140-01-556-9156 Diesel Fuel SFD
(a) Product shall conform to the latest revision of commercial specification EN 590.
(b) SPECIFICATION MODIFICATIONS
a) PROPERTIES - Product shall be visually free of undissolved water, sediment, and suspended matter. Product classification is shown above. Maximum sulfur content, as stated in EN 590, is 10 mg/kg (0.0010 wt%).
(c) LOCATIONS IN KOSOVO:
a) TESTING REQUIREMENTS:
1. The latest revision of the following additional tests shall be performed, and results reported:
i. Color: ISO 2049/ASTM D1500
ii. Acid Number: ISO 6618/ASTM D974
2. WATER TESTING REQIRMENTS: In addition to the EN 590 specification requirement for water content of 200 mg/kg or ppm (0.0200 wt%) maximum, and particulate content of 24 mg/kg or ppm (0.0024 wt%) maximum, the diesel fuel shall have a maximum haze rating of 2 when tested in accordance with ASTM D4176, Procedure 2. In case of dispute, the haze rating shall be determined at 25 °C (77 °F) with a maximum haze rating of 2 and shall contain no more than 24 mg/kg (0.0024 wt%) sediment and no more than 200 mg/kg (0.0200 wt%) water.
b) SEASONAL REQUIREMENTS:
1. Diesel during the summer months, May 1st to September 30th, shall comply with Grade A of Table 2 in EN 590.
2. Diesel during winter months, October 1 to April 30th, shall comply with the Class 1 limits set in Table 3 of EN 590.
(d) FOR LOCATIONS IN AFGHANISTAN: Diesel fuel delivered to all locations in Afghanistan shall meet the Grade E, - 15°C maximum cold filter plugging point, as detailed in EN 590 Section 5.6.1, Table 2 - Climate Related Requirements and Test Methods - Temperate Climates.
MIDDLE EAST EN 228
ALL OTHER REGIONS ASTM D4814
(e) FOR ALL LOCATIONS: Written exception(s) or deviation(s) must be submitted to DLA Energy contracting officer if the Contractor is unable to meet any of the characteristic requirements of the above listed specification(s). Exception(s) and/or deviation(s) must state the reason why the contractor is unable to meet requirements, if this will be for the entirety of the performance period, if it is source specific, the Contractor's course of action on how they plan on resolving this issue, and any proposed changes to specification requirement limit(s) for that product.
SECTION E – INSPECTION AND ACCEPTANCE
E-0001: ENERGY QAP E12 (JULY 2015) POINT OF ACCEPTANCE
(a) For f.o.b. origin contract items, acceptance of the supplies furnished hereunder shall take place at origin.
(b) For f.o.b. destination contract items, acceptance of the supplies furnished hereunder shall take place at destination
(c) Acceptance shall take place as stated above, unless specifically stated otherwise in the contract.
E-0002: ENERGY QAP E18.01 SAMPLE SUBMISSION (AUGUST 2009)
The Contractor shall furnish hereunder, from time to time, samples of each product or grade of product to be furnished under this contract at the request of, and in the manner and to the place designated by, the Quality Representative; PROVIDED, however, that in no event shall the Contractor be required to furnish during the period of this contract more than five 1-gallon samples under each contract line item. Such samples shall be furnished without charge to the Government and shall be packed, marked, and shipped by the Contractor, shipping expense prepaid, in containers and shipping boxes furnished by the Contractor.
E-0003: ENERGY QAP E21.01 (JUNE 2015) POINT OF INSPECTION
(a) This Energy QAP applies to the Bulk Fuel, Bulk FSII, Bulk Lube Oil and Posts, Camps, and Stations
Programs.
(b) When government inspection is deemed necessary, it shall be performed, prior to acceptance, by the office specified in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or the QUALITY REPRESENTATIVE Energy QAP of this contract, whichever is applicable.
(1) For f.o.b. origin contract items, inspection will normally be performed at origin, however, the
Government reserves the right to perform an inspection at any point prior to acceptance.
(2) For f.o.b. destination contract items, inspection will normally be performed at destination, however, the Government reserves the right to perform an inspection at any point prior to acceptance.
(3) For f.o.b. destination contract items for aviation fuels delivered via waterborne transport, pipeline, rail car, tank truck, tank wagon and Bulk Fuel Container (BFC) and non-aviation fuels delivered by waterborne transport, a preliminary inspection for product quality will normally be performed at origin, with final inspection normally being at destination. However, the Government reserves the right to perform an inspection at any point prior to acceptance.
(4) On contract items for delivery of drummed or packaged products, f.o.b. origin or f.o.b. destination, a preliminary inspection for product quality will normally be performed at the point of manufacturing or blending, with final inspection normally being at the f.o.b. point. However, the Government reserves the right to perform an inspection at any point prior to acceptance.
(c) When the Contractor is informed by the responsible Inspection Office that government inspection is deemed necessary, the Contractor shall ensure that the Inspection Office is provided with sufficient information and advance notification to facilitate such inspection. When government inspection is necessary at a contractor or subcontractor (commercial or government) facility, the Contractor shall notify the Inspection Office of the necessary requirements to access those facilities and shall help facilitate such access. After initial notification, the Contractor shall keep the Inspection Office informed of any changes that may affect that inspection.
E-0004: ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY
FEBRUARY 2022)
The following lists shall be used to identify the Government inspection office assigned inspection and/or acceptance responsibility for DLA Energy contracts in a particular geographic area. These contracts include, but are not limited to, those for bulk petroleum products and additives, into-plane refueling, petroleum storage and laboratory services, coal, aerospace energy (including compressed gases), and posts, camps, and stations. The area of inspection responsibility and corresponding office code are assigned in paragraphs (a) and (b). The address and phone number of each inspection office, by office code, is provided in paragraph (c). Unless a particular inspection office is identified in another part of the contract, the assignments in this QAP shall apply.
(a) AREAS OF RESPONSIBILITY AND OFFICE CODES WITHIN THE CONTINENTAL UNITED STATES
(CONUS):
Alabama 110 Maine 110 Oklahoma 110 Arizona 120 Maryland 110 Oregon 120 Arkansas 110 Massachusetts 110 Pennsylvania 110 California 120 Michigan 110 Rhode Island 110 Colorado 120 Minnesota 110 South Carolina 110 Connecticut 110 Mississippi 110 South Dakota 110 Delaware 110 Missouri 110 Tennessee 110 District of Columbia 110 Montana 120 Texas 110 Florida 110 Nebraska 110 Utah 120 Georgia 110 Nevada 120 Vermont 110 Idaho 120 New Hampshire 110 Virginia 110 Illinois 110 New Jersey 110 Washington 120 Indiana 110 New Mexico 120 West Virginia 110 Iowa 110 New York 110 Wisconsin 110 Kansas 110 North Carolina 110 Wyoming 120 Kentucky 110 North Dakota 110 Louisiana 110 Ohio 110
EXCEPTIONS:
(1) The El Paso, Texas, area is assigned to Code 120 (DLA Energy Americas – West).
(2) The Newcastle, Wyoming, area is assigned to Code 110 (DLA Energy Americas – East).
(b) AREAS OF RESPONSIBILITY AND OFFICE CODES OUTSIDE THE CONTINENTAL UNITED STATES
(OCONUS) (INCLUDING ALASKA AND HAWAII):
Afghanistan 400 Cyprus 200 Malaysia 300 Singapore 300 Africa 2003 Egypt 4003 Maldives 300 South America 110 Alaska 130 Europe (Continental) 200 Malta 200 South Korea 300 Antarctica 300 Georgia 200 Mauritius 200 Sri Lanka 300 Armenia 200 Greenland 200 Mexico 110 Syria 400 Ascension Island 110 Hawaiian Islands 300 Midway Island 300 Taiwan 300 Australia 300 Hong Kong 300 Mongolia 300 Tajikistan 400 Azerbaijan 200 Iceland 200 Myanmar 300 Thailand 300 Azores 200 India 300 Nepal 300 Turkey 200 Bahrain 400 Indonesia 300 New Zealand 300 Turkmenistan 400 Bangladesh 300 Ireland 200 North Korea 300 United Arab Bermuda 110 Iran 400 Oman 400 Emirates 400 Bhutan 300 Iraq 400 Pacific Islands United Kingdom 200 Brunei 300 Israel 200 (Central & South) 300 Uzbekistan 400 Cambodia 300 Japan 300 Pakistan 400 Vietnam 300 Canada 110/1204 Jordan 400 Papua New Guinea 300 Wake Island 300 Canary Island 200 Kazakhstan 400 Philippines 300 Yemen 400 Caribbean Islands 110 Kuwait 400 Qatar 400 Central America 110 Kyrgyzstan 400 Russia 200 Chagos Archipelago 300 Laos 300 Ryukus Islands, Japan 300 China 300 Lebanon 400 Saudi Arabia 400
Comoros 200 Madagascar 200 Seychelles Is. 200
3 Except for Egypt, which is assigned to DLA Energy Middle East (Code 400), all other countries in Africa fall under DLA Energy Europe (Code 200).
4 The provinces of Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, Nova Scotia, and Prince Edward Island are assigned to DLA Energy Americas East (Code
110). The rest of Canada falls under DLA Energy Americas West (Code 120).
(c) INSPECTION OFFICES AND CODES.
110. DLA Energy Americas East ATTN: Quality Manager 5
Federal Building, Room 1005 2320 LaBranch Street Houston, TX 77004-1091 Phone: (713) 332-4113
FAX: (713) 718-3891
120. DLA Energy Americas West ATTN: Quality Manager 5
3171 N Gaffey Street San Pedro, CA 90731-1099 Phone: (424) 347-3101/3102
FAX: (424) 347-3120
200. DLA Energy Europe and Africa
Military Mailing Address:
DLA Energy Petroleum Lab ATTN: Quality Manager 5
CMR 422
APO AE 09067-0422
Phone: 49-631-3406-2285/2286 6
FAX: 49-631-3406-2289 6
Commercial Shipping Address:
DLA Energy Petroleum Lab ATTN: Quality Manager Bldg. 320, Rhine Ordinance Barracks Am Opelkreisel 67663 Kaiserslautern, Germany
300. DLA Energy Indo-Pacific ATTN: Quality Manager 5
Bldg. 1700, Room 21
APO AP 96543
Phone: (671) 366-7762
FAX: (671) 366-7767
[Location: Guam]
400. DLA Energy Middle East ATTN: Quality Manager 5
PSC 851, Box 180
FPO AP 09834-2800
Phone: 973-17-85-6493 6
FAX: 973-17-85-4650 6
[Location: Bahrain]
5 Designated location of the DLA Energy Regional Quality Manager/Pre-Award Survey Monitor
6 Dial 011 before these numbers when calling from the U.S. When calling these numbers from outside the U.S. When calling these numbers from outside the U.S., use the appropriate international long- distance prefix for the country where the call originates.
E-0005: ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DECEMBER 2011)
(a) DEFINITION: As used in this contract provision:
Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract.
Extraordinary situation means the matter cannot await resolution until the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded).
Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method. Approval is on a case-by-case basis and is normally for a set period of time.
(b) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.
(c) The following procedures shall be used to request a deviation or waiver.
(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or QUALITY REPRESENTATIVE contract provision of this contract. Each request shall provide the following information: Contractor name; name and contact information of the contractor’s authorized negotiator; contract number;
contract line item number and product nomenclature, clause or contract provision number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and an agreement to pay an equitable price reduction, estimated and proposed by DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy relative to approval of the deviation or waiver.
(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286- 7633 or (703) 767-8420.
(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted.
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