RFP NO_SPE60525R0216.pdf

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. 7011417862 80

SPE605-25-R-0216

Macus Jhonte Nolan

(571) 585-9022

SPE605

NET 30

DO-C9

SEE SCHEDULE

///////////////SEE SCHEDULE///////////////

4/30/2025

5/14/2025

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.: SPE605-25-R-0216

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: May 14, 2025, 9:00 A.M. Eastern Time, Fort Belvoir, VA.

Email offer to: Contract Specialist, Marcus Jhonte Nolan at Marcus.Nolan@dla.mil and Contracting Officer, Orlando Rodriguez, Sr. at Orlando.Rodriguez@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 Erbil International Airport (EIA) to deliver fuel at locations)

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) (EUROPE) (MIDDLE EAST) (DLA ENERGY NOV 2018).

iv. Documents demonstrating that the Offeror has Transportation assets capable of meeting requirement 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).

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)

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.

vii. Unit price for Line Item 0001 & 0002. See fill-in for Clause B1.05 herein and also fill in (Attachment 1) 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.

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. G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE (DLA

ENERGY JUL 2007) or G9.07-5 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 (NOV 2023)

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. 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. A complete vendor submission for the prime contractor in JCCS includes but 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 being fully registered in JCCS.

• If you are not registered in SAM.gov you may not be eligible for award.

• If you are not fully registered 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***

II. FULL TEXT PROVISIONS – The following clauses are provided in full text:

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

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) 16,000 $ /USG

NSN: 9130-01-272-0983

Delivery Locations:

• Location No. 1:

o TSW Location ID: CDGSDERBIL o GPS: MGRS: 38S MF 1880 1510 o Location Name: U.S. Consulate Erbil, Iraq o Delivery Street Address: Road to Pirmam City, Intersection of M150, (South of Equestrian Club) o City: Erbil, Pirzin o State: Erbil o Postal Code: 44001 o County/District: Baharka o Country: Iraq

• Location No. 2:

o TSW Location ID: CDGERBILIQ o GPS: MGRS: 38S MF 09199 09443 o Location Name: Ankawa Compound o Delivery Street Address: 413 Ishtar o City: Erbil, Ankawa o State: Erbil o Postal Code: 44001 o County/District: Ankawa o Country: Iraq

Local Time Zone: Arabian Standard Time Delivery Location Day(s): Monday – Sunday

Delivery Weekdays Delivery Hours: 0830 – 1600

Delivery Weekend Delivery Hours: 0830 – 1600

Closed US Federal Holidays

Closed on Local Holidays

Annual (or exercise) Requirement: 16,000

Unit of Measure (UoM): UG6 – US Gallon at 60 deg.

Monthly Requirement: 1,300 Initial Delivery Date: August 15, 2025

Initial Delivery Quantity: 1,300

Period of Performance: September 1, 2025 – August 31, 2026 Delivery Frequency: Monthly

Number of Deliveries: 12

Special Access Required: Yes

Tank Information:

(1) Tank Capacity: 20,000

Tank Type: Below Ground Tank(s)

# Tanks: 1

Tank Location: North Compound Entrance

PSIG: 0.5

Mode of Delivery (MoD): TTWP – Tank Truck w/ Pump & Meter

Metered Delivery Tickets Required: Yes

Equipment (GFE) and Services Requested:

• Pump (type): Mechanical Pump

• Adapter (type): Female

• Size: 4”

• Meter (type): Mechanical

• Hose (length): 10 meter

Additional Delivery Notes:

• Vehicle and equipment to be free of leaks, security inspection prior to access.

• Security background clearance for three vehicle operators prior to first delivery, Clearance process 60 days (Gov. ID, personal data), vehicle data for three vehicles required five workdays prior to first delivery.

0002 Diesel Fuel, 10 PPM Sulf (SFD) 3,796,000 $ /USG

NSN: 9140-01-556-9156

Delivery Locations:

• Location No. 1:

o TSW Location ID: CDGSDERBIL o GPS: MGRS: 38S MF 1880 1510 o Location Name: U.S. Consulate Erbil, Iraq o Delivery Street Address: Road to Pirmam City, Intersection of M150, (South of Equestrian Club) o City: Erbil, Pirzin o State: Erbil o Postal Code: 44001 o County/District: Baharka o Country: Iraq

• Location No. 2:

o TSW Location ID: CDGERBILIQ o GPS: MGRS: 38S MF 09199 09443 o Location Name: Ankawa Compound o Delivery Street Address: 413 Ishtar o City: Erbil, Ankawa o State: Erbil o Postal Code: 44001 o County/District: Ankawa o Country: Iraq

Local Time Zone: Arabian Standard Time

Delivery Location Day(s): Monday – Sunday

Delivery Weekdays Delivery Hours: 0830 – 1600 Delivery Weekend Delivery Hours: 0830 – 1600

Closed US Federal Holidays

Closed on Local Holidays

Annual (or exercise) Requirement: 3,796,000 Unit of Measure (UoM): UG6 – US Gallon at 60 deg.

Monthly Requirement: 292,000

Initial Delivery Date: August 15, 2025

Initial Delivery Quantity: 10,500 Period of Performance: September 1, 2025 – August 31, 2026

Delivery Frequency: Daily

Number of Deliveries: 365

Special Access Required: Yes Tank Information:

(1) Tank Capacity: 380,000

Tank Type: Below Ground Tank(s)

# Tanks: 1

Tank Location: North Compound Entrance

PSIG: 0.5

Mode of Delivery (MoD): TTWP – Tank Truck w/ Pump & Meter

Metered Delivery Tickets Required: Yes

Equipment (GFE) and Services Requested:

• Pump (type): Mechanic Pump

• Adapter (type): Female

• Size: 4”

• Meter (Type): Mechanical

• Hose (length): 10 M

Additional Delivery Notes:

• Vehicle and equipment to be free of leaks, security inspection prior to access.

• Security background clearance for three vehicle operators prior to first delivery, Clearance process 60 days (Gov. ID, personal data), vehicle data for three vehicles required five workdays prior to first delivery.

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 http://www.desc.dla.mil/ 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.

(k) TABLE.

I II III IV V VI VII

Name of If company - Reference Maximum price company/ name of product; Method of price payable under publication If publication - delivery as of this contract

(identify heading under applicable 1 March 2025 (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 Prem Unleaded

10ppmS

FOB Med Cargo $2.044021 See Paragraph (f) above

0002 Platts ULSD 10 10ppmS FOB Med Cargo $2.236917 See Paragraph (f) above

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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.

C16.67-2 DIESEL FUEL SPECIFICATION (SFD) (PC&S) (EUROPE) (MIDDLE EAST) (DLA ENERGY NOV

2018)

NATIONAL STOCK

NUMBER

PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9140-01-556-9156 Diesel Fuel SFD

Supplies delivered under this contract shall conform to all National environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The list of such requirements contained in this contract is not intended to be a complete list and the Contractor shall be responsible for determining the existence of all such requirements. In the event that a National environmental requirement is more stringent than a 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 requirement will be considered a nonconforming supply. Product(s) supplied shall fully meet the requirements of the applicable specification(s) as cited below.

Product shall conform to the latest revision of commercial specification EN 590. 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%).

a) FOR LOCATIONS IN KOSOVO:

(1) TESTING REQUIREMENTS: The following additional tests shall be performed and results reported:

i. Color: ISO 2049/ASTM D1500

ii. Acid Number: ISO 6618/ASTM D974

(2) 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.

(3) Diesel during the summer months, May 1st to September 30th, shall comply with Grade A of Table 2 in EN 590.

(4) Diesel during winter months, October 1 to April 30th, shall comply with the Class 1 limits set in Table 3 of EN

590.

b) 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.

c) 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.

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:

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.

SECTION E – INSPECTION AND ACCEPTANCE

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.

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.

ENERGY QAP E21.01 (JUNE 2015) POINT OF INSPECTION

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

MIDDLE EAST EN 228

ALL OTHER REGIONS ASTM D4814

(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.

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

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

Bldg. 1700, Room 21

APO AP 96543

Phone: (671) 366-7762

FAX: (671) 366-7767

[Location: Guam]

400. DLA Energy Middle East

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.

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. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS contract provision of this contract.

(4) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $500, which covers administrative costs, plus any additional cost of Government reinspection or retest, if necessary.

(5) If a deviation or waiver is granted modifying this contract, but the supplies accepted are subsequently determined to be…