RFP_SPE602-21-R0709.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0089985994

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE602-21-R-0709

5. SOLICITATION NUMBER

2021 JUL 22

6. SOLICITATION ISSUE

DATE

NINA TALIFERRO DNT0006

a. NAME

Phone: 703-767-6739

b. TELEPHONE NUMBER (No Collect calls)

2021 AUG 19

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE602

DLA ENERGY

BULK PETROLEUM PRODUCT

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

324110NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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: REF. 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 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

PAGE 1 OF

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

SOLICITATION NOTES

(Unless otherwise stated in the schedule, solicitation notes apply to all the items)

1. The following are estimated maximum quantities: 2,775,000 USG total or 925,000 USG per year.

The actual purchases will be made pursuant to orders placed in accordance with FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) and FAR 52.216-18 ORDERING (AUG 2020).

2. The contract period consists of a one-year base period with two one-year option years as follows:

- April 1, 2022 through March 31, 2023 (Base Period)

- April 1, 2023 through March 31, 2024 (First Option Year)

- April 1, 2024 through March 31, 2025 (Second Option Year)

3. This procurement is unrestricted. The applicable NAICS code is 324110.

4. Offers must be submitted by email to Nina.Taliferro@dla.mil and Daniel.Ferry2@dla.mil.

5. Offerors must complete and submit, as your offer, 1 copy of all forms contained in the Offer Submission Package, attached in RFP Section J, in accordance with FAR 52.212-1 Instructions to Offerors-Commercial Items (Jun 2020). Offers must be signed by an authorized negotiator. [See K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) in the Offer Submission Package.]

6. Registrations, representations, and certifications are currently maintained electronically at the SYSTEM FOR AWRAD MANAGEMENT (SAM) at www.sam.gov [See FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) for additional information.] Offerors are encouraged to complete all representations and certifications in SAM.

7. NOTICE: Any award to a contractor, who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government agencies or in receipt of a notice of proposed debarment from any Government agency, is voidable at the option of the Government.

8. Unless otherwise stated for the given modes of transportation under each line item in Section B, the receipt percentage (%) will be 100%.

9. For all FOB destination offers, offerors are responsible for ascertaining and following delivery location access procedures, including obtaining any necessary clearances to access the delivery location. Access procedures and clearance processing times may vary greatly depending on the delivery location. Any questions regarding delivery location access procedures and processing times should be directed to the specific delivery location. Contact information for the specific end-location can be obtained through your assigned contract specialist.

10. Payment information will be relayed from SAM unless G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012) is filled out.

G9.07-5 is applicable when offerors will be using international banking institutions or is an international company.

11. SUPPLY COMMITMENT LETTERS: Dealers (non-manufacturers) must obtain and submit a firm and adequate supply commitment letter in accordance with L704 EVIDENCE OF RESPONSIBILITY (DLA ENERGY- BULK) no later than Interim Proposals. If an adequate supply commitment letter is not received, the contracting officer may not be able to obtain sufficient information to make an affirmative responsibility determination. All supply commitment letter(s) (if applicable) must be submitted by email in accordance with L704.

12. MEASUREMENT: Maximum and minimum parcel sizes for each location are expressed in Barrels (BBLS). All other volumes are stated in U.S. Gallons (USG) unless indicated differently.

13. ADDITIVES: For each line item, the schedule identifies additive requirements for the receipt mode for product offered. The product specification also identifies the additive levels required in all product(s).

14. Despite the language in F14(e) SHIPMENT AND ROUTING (DLA ENERGY MAR 2003) requiring seals, this portion of the clause is not applicable for JAA tank trucks. However, the offeror will be required to begin sealing all applicable conveyances within 24 hours of being notified of elevated security requirement (e.g. rise in threat level conditions (THREATCON level)). The sealing of all applicable conveyances will continue until the THREATCON level is reduced, and all offerors will be required to acknowledge and accept this condition as part of the terms and conditions of any resultant award.

15. SECTION C AND SECTION E QUALITY ASSURANCE PROVISIONS (QAPs): For all Quality and Technical provisions please review the Solicitation and Attachments. QAPS are identified by reference in Section C and E and are attached in full text to this solicitation.

Review any updates via the DIBBS website. You will need a DIBBS account to access the Technical Data tab.

The web address is https://www.dibbs.bsm.dla.mil/default.aspx. If you are having problems setting up your DIBBS account, please call the DLA Enterprise Helpdesk at 1-855-352-0001.

16. QUALITY CONTROL PLAN (QCP): Offeror must certify that it has a Quality Control Plan (QCP) on file with DLA Energy that is no more than 24 months old, or provides an outline, an estimated two pages in length of a example QCP describing the offeror’s current inspection system and quality assurance procedures, with references to the corresponding requirements in provisions E1 and/or E1.12. For all suppliers that are awarded a contract, prior to first delivery, the supplier must send its full Quality Control Plan and/or Company Plan to the assigned DLA Energy Quality Assurance Representative for review, approval, and signature.

17. Under 10 U.S.C. § 2922h(a), absent a waiver, “the Secretary of Defense may not make a bulk purchase of a drop-in fuel for operational purposes unless the fully burdened cost of that drop-in fuel is cost-competitive with the fully burdened cost of a traditional fuel available for the same purpose.” If a contract for drop-in alternative fuel is awarded under this solicitation, it would qualify as a “bulk purchase of a drop- in fuel for operational purposes.” Therefore, in accordance with 10 U.S.C. § 2922h, a drop-in alternative fuel offer will be ineligible for contract award unless the fully burdened cost of the drop-in fuel is found to be cost competitive. The cost competitive analysis required by 10 U.S.C. § 2922h is fully separate from price evaluation and may not qualify as cost-competitive under 10 U.S.C. § 2922h.

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 3 OF 22 PAGES

SPE602-21-R-0709

Section B Quality Technical Provisions

TURBINE FUEL,AVIATION,JTS,2.6A

9130-005512264

PR #: 0089985994

IAW BASIC QAP 52838 ENERGY-QAP-C16.08-13

REVISION NR H DTD 01/25/2021

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E21.01

REVISION NR B DTD 06/26/2015

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E40.01

REVISION NR A DTD 07/08/2014

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E1

REVISION NR A DTD 09/01/2013

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E22

REVISION NR C DTD 08/07/2020

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E35

REVISION NR A DTD 12/01/2011

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-C1.02

REVISION NR C DTD 12/01/2016

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E12

REVISION NR A DTD 07/30/2015

PART PIECE NUMBER:

TURBINE FUEL,AVIATION,JTS,2.6A

9130-005512264

PR #: 0089985994

JTS Requirement Totals are as follows:

Total Qty Set Aside 8A Reservation Qty Non Set Aside Qty UoM .

2,775,000 0 0 2,775,000 UG6

Total Estimated ( JTS ) Quantity to be Purchased: 2,775,000

EPA Region Quantity Escalator Id Base Ref Price Base Ref Date .

2,775,000 0.000000 00/00/0000

Item: 0001 Quantity: 925,000.000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 925,000

Period of Performance: 04/01/2022-03/31/2023

NSN Delivery Identification State

9130-005512264 (JTS) OSAN - OSAN AB KR

TURBINE FUEL,AVIATION

Requirement SPLC 942004240

Delivery Address: 51 LRS LGRF OSAN AB BLDG 2401 SONGTAN CITY PYONGTAEK SI KR 459 120

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE8F09

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TRUCK 100 D Y N Y

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

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PAGE 4 OF 22 PAGES

SPE602-21-R-0709

Section B

Delivery Mode Notes: TANK TRUCK IS REQUIRED TO HAVE A 4 INCH OUTLET VALVE ON THE RECEIPT TRUCK TO

CONNECT HOSES.

Delivery Hours: 0800-1600 MON-FRI

Item: 0002 Quantity: 925,000.000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 925,000

Period of Performance: 04/01/2023-03/31/2024

NSN Delivery Identification State

9130-005512264 (JTS) OSAN - OSAN AB KR

TURBINE FUEL,AVIATION

Requirement SPLC 942004240

Delivery Address: 51 LRS LGRF OSAN AB BLDG 2401 SONGTAN CITY PYONGTAEK SI KR 459 120

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE8F09

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TRUCK 100 D Y N Y

Delivery Mode Notes: TANK TRUCK IS REQUIRED TO HAVE A 4 INCH OUTLET VALVE ON THE RECEIPT TRUCK TO

CONNECT HOSES.

Delivery Hours: 0800-1600 MON-FRI

Item: 0003 Quantity: 925,000.000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 925,000

Period of Performance: 04/01/2024-03/31/2025

NSN Delivery Identification State

9130-005512264 (JTS) OSAN - OSAN AB KR

TURBINE FUEL,AVIATION

Requirement SPLC 942004240

Delivery Address: 51 LRS LGRF OSAN AB BLDG 2401 SONGTAN CITY PYONGTAEK SI KR 459 120

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE8F09

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TRUCK 100 D Y N Y

Delivery Mode Notes: TANK TRUCK IS REQUIRED TO HAVE A 4 INCH OUTLET VALVE ON THE RECEIPT TRUCK TO

CONNECT HOSES.

Delivery Hours: 0800-1600 MON-FRI

B19.34 ECONOMIC PRICE ADJUSTMENT (OVERSEAS BULK) (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that—

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

(2) The prices to be invoiced hereunder for listed items shall be computed in accordance with these escalation contract texts.

(b) DEFINITIONS. As used throughout this contract text, the term--

(1) Base unit price means the unit price set forth opposite the item in the Schedule.

(2) Reference price means the market price indicator set forth in the Table in (f) below with which the base unit price is to fluctuate.

NOTE: The term market price indicator will be referred to hereafter as “reference price” in this contract text.

(3) Date of delivery is defined as follows:

(i) FOR TANKER OR BARGE DELIVERIES.

(A) F.O.B. ORIGIN. The date and time vessel commences loading.

(B) F.O.B. DESTINATION. The date and time vessel commences discharging.

(ii) PIPELINE DELIVERIES. The date and time product commences to move past the specified f.o.b. point.

(iii) FOR ALL OTHER TYPES OF DELIVERIES. The date product is received.

(c) ADJUSTMENTS.

(1) The Contractor shall give written notice to the Contracting Officer, Defense Logistics Agency Energy (DLA Energy), of any delivery and associated change in the reference price within 15 working days from the date thereof. Contractor failure to timely notify the Contracting Officer of any delivery and associated change in the reference price may result in late or incorrect payment of the relevant invoice.

(2) Subject to the conditions of this contract text, the prices payable under this contract shall be the base unit price increased or decreased by the same number of cents, or fraction thereof, that the reference price shall have increased or decreased.

(3) 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 and after the effective date of the price change as stated in the publication.

(4) The Contracting Officer will issue a modification to this contract to reflect any change pursuant to this contract text. However, no increase in a contract unit price shall be executed pursuant to this contract text until the increase in the applicable published reference price has been verified by the Contracting Officer.

(5) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract text, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(6) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment contract texts shall not exceed __473__ percent of the award price, except as provided hereafter.

(i) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract text 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.

(ii) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, 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.

(7) REVISION OF REFERENCE PRICE INDICATOR. In the event--

(i) Any applicable reference price is discontinued, or its method of derivation is altered substantially; or

(ii) 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 adjustments 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 paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(8) CONVERSION FACTORS. If this contract text requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS contract text, apply unless otherwise specified in the Schedule.

(d) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the conditions of this contract text.

(e) 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 text.

(f) TABLE.

I

II

III

IV

V

Item No

Name of Publication

Heading under which reference price is published and name of product

Location where published price is applicable

Reference price as of June 1, 2021 (date) (excluding all taxes)

0001 PLATT OILGRAM

PRODUCT

REPORT

JET KERO CARGO SINGAPORE 1.707318

NOTE: The reference price shall be determined on a monthly basis by calculating the simple average of all the high and low prices effective during the month. Such monthly averages shall become the reference price with which the contract price will be adjusted for deliveries occurring during the following month.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF_WORK

QAP C16.08-13 TURBINE FUEL, AVIATION, THERMALLY STABLE (JPTS) (DLA ENERGY JAN 2021)

SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

QAP E1 CONTRACTOR INSPECTION RESPONSIBILITIES (SEP 2013)

QAP E12 POINT OF ACCEPTANCE (JUL 2015)

QAP E21.01 POINT OF INSPECTION (JUN 2015)

QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY AUG

2020)

QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DEC 2011)

QAP E40.01 MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA WORKFLOW

(WAWF) ENERGY RECEIVING REPORT (ERR) BULK FUEL/DIRECT DELIVERY AVIATION

FUEL)(DLA ENERGY JUL 2014)

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 -- VARIATION IN QUANTITY (Apr 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

b) The permissible variation shall be limited to:

10 Percent increase

10 Percent decrease

This increase or decrease shall apply to each delivery order.

F1.01-5 DELIVERY CONDITIONS FOR TANK CARS, BOXCARS, TRUCKS, TRANSPORT

TRUCKS, OR TRUCKS AND TRAILERS (JPTS) (MISSILE FUELS) (DLA ENERGY JAN 2012)

(a) On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b. tank car, boxcar, truck, transport truck, or truck and trailer--

(1) Supplies ordered hereunder shall be delivered, at Contractor's expense, into equipment specified in the Schedule.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made upon the day specified in the order provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(3) All packaged or drummed material to be delivered f.o.b. boxcar, or truck shall be loaded (braced and blocked where necessary) by the Contractor as follows:

(i) RAIL SHIPMENTS IN CONTINENTAL UNITED STATES AND ALASKA.

(A) In accordance with the LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS contract text.

(B) To the extent there is no conflict between the standards mentioned in paragraph (a) of the LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS contract text, when a freight advantage to the Government would result, the Contractor will load boxcars to maximum capacity, including multiple tiering.

(ii) TRUCK SHIPMENTS IN THE UNITED STATES. In accordance with ICC Regulations and best commercial practices.

(iii) RAIL SHIPMENTS AND TRUCK SHIPMENTS - OVERSEAS, POSSESSIONS AND TERRITORIES. In accordance with best commercial practices and local regulations, or as indicated in the Schedule.

(4) Except for supplies delivered f.o.b. boxcar or truck, title to the supplies delivered, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass into the receiving conveyance. Title to supplies delivered f.o.b. boxcar or truck, and risk of loss thereof, shall pass from the Contractor to the Government at the time the car or truck is released to, and accepted by, the carrier.

(b) On items calling for delivery f.o.b. destination by means of tank car, boxcar, truck, transport truck, or, truck and trailer--

(1) Supplies ordered hereunder shall be delivered, all transportation charges paid, to the destination and by means of the transportation equipment specified in the Schedule or, if no specific destination is indicated in the Schedule, to the destination specified in the order. (For activities listed in DLA Energy Handbook 4525.1 as last revised, the shipping addresses stated herein shall apply.) Delivery shall be accomplished at Contractor's expense into Government storage or into the type of receiving equipment otherwise specified in the Schedule or in the order, except for--

(i) Delivery by tank car which shall be accomplished by spotting the car alongside the unloading manifold connection at the specified destination;

(ii) Delivery by boxcar which shall be accomplished at the specified destination as follows:

(A) If such activity has a railroad siding, by spotting the car alongside the unloading platform or elsewhere at such destination as may be designated by the receiving activity; or

(B) If such activity does not have a railroad siding at the unloading platform of the railroad siding serving such activity, and if the freight tariff provides for free pickup and delivery service, delivery shall be made to the activity specified in the order;

(iii) Delivery by truck which shall be accomplished by spotting the truck at the unloading platform at the specified destination and by placing the drummed or packaged supplies at the tailgate of the truck; and

(2) Unless otherwise specified in the Schedule, all deliveries by tank car or boxcar shall be made within 24 hours from the time specified in the order, provided that such order shall have been received by the Contractor at least 120 hours prior to the time so specified; all other deliveries, except as hereinafter indicated, shall be made on the day specified in the delivery order and unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that such order shall have been received by the Contractor at least 48 hours prior to the days so specified. Delivery by transport truck or truck and trailer shall be made at the specific time specified in the order, provided that such order shall have been received by the Contractor at least 24 hours prior to the specific time such delivery is required to be made.

(3) The Contractor shall not be required to deliver by transport truck or truck and trailer a quantity less than a full load nor into more than one storage tank.

(4) Where delivery is made by transport truck or truck and trailer, such delivery equipment shall be equipped with a minimum of 15 feet of hose.

(5) When delivery is made by transport truck or truck and trailer to a Government facility--

(i) The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to reasonably assure that delivery can be made without damage to vegetation and asphalt pavement adjacent to storage facilities being filled. The Contractor's delivery personnel who have not exercised reasonable care and delivery equipment which is poorly maintained, may be refused entrance to the installation by the installation Commander.

(ii) The Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

(6) Unless otherwise provided in the Schedule, free time for unloading trucks, transport trucks, or trucks and trailers shall be unlimited.

(7) Except for supplies delivered by tank car, boxcar or truck, title to supplies delivered, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass into the receiving facilities. Title to supplies delivered by tank car or boxcar, and risk of loss thereof, shall pass from the Contractor to the Government at the time the car is released by the carrier for unloading. Title to supplies delivered by truck, and risk of loss thereof, shall pass from the Contractor to the Government when the drummed or packaged supplies are removed from the truck.

F1.09 DETERMINATION OF QUANTITY (DLA ENERGY AUG 2015)

Quantity. The quantity of supplies furnished under this contract shall be determined as follows:

Free on Board (f.o.b.) origin. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries into tanker or barge. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b.

origin basis into a tanker or barge, the quantity shall be determined (at the Contractor's option) on the basis of calibrated meter; or Shipping/shore tank measurement.

Deliveries into pipeline. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a pipeline, the quantity shall be determined (at the Contractor's option) on the basis of calibrated meter, or shipping tank measurements.

Deliveries into rail tank car. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on and f.o.b.

origin basis, the quantity shall be determined (at the Contractor's option) on the basis of calibrated loading rack meter; or, using calibrated scales; or certified capacity table for the rail tank car.

Deliveries into tank truck, truck and trailer, or tank wagon. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tank truck, truck and trailer or tank wagon, the quantity shall be determined (at the Contractor's option) on the basis of calibrated loading rack meter; or weight, using calibrated scales; or certified capacity table for the conveyance or container.

Deliveries into intermodal container. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into an intermodal container, the quantity shall be determined (at the Contractor's option) on the basis of calibrated loading rack meter, loading either through top or bottom tank outlets (top loading requires loading gantry or "fall arrest" system), or certified capacity table for the container, or weight, using calibrated scales.

F.o.b. destination.

Deliveries by tanker or barge.

On items requiring delivery on an f.o.b. destination basis by tanker or barge, the invoice quantity shall be determined (at the Government's option) on the basis of calibrated meters on the receiving tank system; or receiving tank measurements. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries by pipeline.

On items requiring delivery by pipeline on an f.o.b. pipeline junction or f.o.b. destination basis, the invoice quantity shall be determined (at the Government's option) on the basis of calibrated meters on the pipeline junction or the receiving tank system; or receiving tank measurements. F.o.b. pipeline junction is defined as the junction between a Contractor-owned or controlled pipeline and a Government-owned or controlled pipeline. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries by rail tank car.

On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government's option) on the basis of calibrated meter on the receiving tank system; or weight, using calibrated scales at the receiving location; or certified capacity table for the rail tank car; or receiving tank measurements. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries by tank truck/truck and trailer/tank wagon/intermodal container.

On items requiring delivery on a f.o.b. destination basis by tank truck, truck and trailer, tank wagon or intermodal container, the quantity shall be determined —in the following order of preference:

Calibrated temperature compensating meters on the receiving system (as identified in the schedule). Calibrated temperature compensating meter on the delivery conveyance (as identified in the schedule). Weight, using calibrated scales at the receiving location (as identified in the schedule).

Calibrated meters on the receiving system, requiring manual volume correction (as identified in the schedule).

Loading ticket mechanically imprinted with the volume corrected (net) quantity. The ticket must be generated at the time of loading and be based on a calibrated loading rack meter or calibrated scales.

Calibrated meter on the delivery conveyance, requiring manual volume correction. Loading ticket, not volume corrected (requiring manual volume correction).

Invoice quantities for all residual fuels and lubricating oils and invoice quantities for other products that are in excess of 5,000 gallons (or 18,900 liters) shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Invoice quantities of nonresidual fuels which are less than 5,000 gallons (or 18,900 liters) do not require correction to net gallons (or liters). For this purpose, residual fuels are any products with a viscosity equal to or greater than a regular (not light) number 4 fuel oil (ASTM D 396).

Water bottoms.

Every delivery must be free of all water bottoms prior to discharge; and The Contractor is responsible for their removal and disposal.

Measurement restrictions. All methods of measurement described in this contract text are subject to government safety and environmental restrictions, foreign or domestic. Such restrictions may prohibit, or render ineffective, a particular method in some cases.

Measurement standards. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS). Outside the U.S., other technically equivalent national or international standards may be used. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor to the aforementioned measurement and calibrations standards.

In addition, the following specific standards will be used as applicable:

API MPMS Chapter 11.1, Temperature and Pressure Volume Correction Factors for Generalized Crude Oils, Refined Products, and Lubricating Oils (this chapter is an adjunct to ASTM D 1250, IP 200 and International Organization for Standardization (ISO) 91-1). Either the 2004 or 1980 version of the standard may be used. Either the printed tables (an adjunct to the 1980 version) or the computer subroutine version of the standard may be used. In case of disputes, the computer subroutine for the 2004 version of the standard will be the referee method.

For crude oils, JP4, and Jet B, use Volume I, Tables 5A and 6A; Volume VII, Tables 53A and 54A; or Volume IV, Tables 23A and 24A.

For lubricating oils, use Tables 5D and 6D, Tables 53D and 54D, or Tables 23D and 24D.

For all other fuels and fuel oils, use Volume II, Tables 5B and 6B; Volume VIII, Tables 53B and 54B; or Volume V, Tables 23B and 24B.

For chemicals/additives use Volume III, Table 6C (or Volume IX, Table 54C), or volume correct in accordance with the product specification.

Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Celsius to barrels at 60 degrees Fahrenheit.

Convert liters at 15 degrees Celsius to cubic meters at 15 degrees Celsius by dividing by 1,000. Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42. Should foreign law restrict conversion by this method, the method required by law shall be used.

As an option to (b) (1) (v), liters may be converted to gallons using Table F1.09A (see below). If this option is used, it must be agreed upon by both parties and shall remain in effect for the duration of the contract. Should foreign law restrict conversion by this method, the method required by law shall be stated in the offer.

If the original measurement is by weight and quantity is required in U.S. gallons, then—

Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.

Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit.

API MPMS, Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 12 months, whichever is more frequent. A meter calibration log/calibration certificates shall be maintained which as a minimum contains number/name of each meter; calibration frequency; date of the last calibration; due date for next calibration; name and signature of the person performing the calibration; traceability to master meter/prover used for calibration; and calibration report number.

Each meter shall be marked with the date of the last calibration and due date for the next calibration. All calibration meter records and logs/certificates shall be kept on file and made available upon request. All calibration records (including logs or certificates) shall be retained on file for a period of three years.

API MPMS Chapter 12, Calculation of Petroleum Quantities. All calculations of net quantities shall be made in accordance with this chapter. Outside the U.S., use of a tank shell correction factor is not required unless its use is a customary practice for custody transfer.

Table F1.09a Conversion Factor Table Density @ 15ºC Gallons at 60ºF to Liters at 15ºC; Multiply by Liters at 15C to Gallons at 60F, Multiply by

0.723 – 0.768 3.78286 0.26435

0.769 – 0.779 3.78309 0.26433

0.780 – 0.798 3.78334 0.26432

0.799 – 0.859 3.78356 0.26430

0.860 – 0.964 3.78381 0.26428

0.965 – 1.074 3.78405 0.26427

Shipping documentation. When the Contractor’s shipping document (such as a truck’s metered ticket) is used to determine, or verify, the payment quantity under this contract, the following information shall be provided on that shipping document: gross and net quantity (gallons or liters, as required), observed and corrected API gravity/density, and the temperature (Fahrenheit or Celsius) at which the product was measured. This information shall be mechanically imprinted on the shipping document. Although this will apply primarily to the use of meters in various applications, it also applies to any other quantity determination method. The following exceptions apply:

Where Government documents are the sole basis for payment, such as Department of Defense (DD) Form250/250-1s, the information is not required.

Where conveyances with temperature-compensating meters are used, the shipping document shall only be annotated with the corrected API gravity/density, the net quantity, and a statement that a temperature-compensating meter was used to determine net quantity.

Where conveyances with temperature compensating meters are not used, the shipping document shall be only be annotated with the API gravity (or density), gross quantity, and a statement that volume correction was not required.

Right to representative. For f.o.b. origin deliveries, the Government has the right to have a representative present to witness the measurement of quantity. For f.o.b. destination deliveries, the Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014)

THIS CONTRACT TEXT ONLY APPLIES TO DLA FUNDED LINE ITEMS.

(a) Contractor Registration. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. Contractors are strongly encouraged to establish a group email address for the primary email address for the contractor’s authorized point of contacts. The registered email addresses will be the only email used by the government to make notifications.

(b) All contractors must have an active System for Award Management (SAM) account, http://beta.sam.gov in order to register for DIBBS.

(c)The Contractor shall use DIBBS to receive orders. DLA Energy will not be using DIBBS receipt of quotes capability.

All quotations, proposals, bids shall be submitted in accordance with the terms and conditions of the solicitation.

(d) Preparation and Transmission of Orders

(1) The Government may issue an order for a specific delivery or a series of deliveries (e.g., several deliveries during a week). The Government may also elect to issue an order covering a longer period (including monthly orders) and make periodic calls against these orders designating specific delivery dates, times,and quantities.

(2) Only a DLA Energy warranted Contracting Officer can issue an order, either orally or in writing, against a contract. An oral order issued by the warranted Contracting Officer shall provide the required advance notice to the Contractor and the following information: Interim order number; contract number; item number; ceiling price; quantity; delivery location; and the required delivery and/ or service date.

(i) For all product orders, the Contractor will receive an electronically signed written order via DIBBS, within 24 hours or one business day after the warranted Contracting Officer issues an oral order.

(ii) For all service orders, the Contractor will receive an electronically signed written order via DIBBS, within five business days after issuing the oral order.

(iii) Interim order number is subject to change once the electronically signed written order is received by the contractor. The order number on the written order will take precedence over the interim order number, if different.

(iv) Regardless of the unit price cited on the written order, the office designated to make payments on the written order will pay the applicable unit price in effect under the terms and conditions of the contract.

(v) Once the order has been issued, an email will be sent to the Contractor to provide notice that the order is available on the contract-specific web page. The order will also be submitted to the payment office.

(3) Calls against previously issued orders must be confirmed in writing within 24 hours or one business day via email message. The email confirmation will reference the previously issued order number and item number and designate specific delivery location, dates, and quantity to be delivered against that order.

(4) The Contractor’s nonreceipt of a written or electronic confirmation of an oral order or oral call against a written or electronic order does not relieve the Contractor from its obligation to perform in accordance with the oral order or oral call against a written or electronic order. The Contractor should contact the DLA Energy Contracting Officer if problems are experienced with receipt of the electronic or written confirmation.

F1.35 DETERMINATION OF QUANTITY (JPTS) (DLA ENERGY APR 2002)

(a) QUANTITY. The quantity of supplies furnished under this contract shall be determined as follows:

(1) DELIVERIES INTO OR BY RAIL TANK CAR.

(i) F.O.B. ORIGIN.

(A) On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor's option) on the basis of--

(a) Calibrated meter;

(b) Weight, using calibrated scales; or

(c) The certified capacity table for the rail tank car.

(B) The Government will have the right to have a representative present to witness the measurement of quantity.

(ii) F.O.B. DESTINATION. On items requiring delivery on an f.o.b. destination basis, the quantity of supplies furnished under this contract shall be determined (at the Government's option) on the basis of--

(A) The certified capacity table of the rail tank car received;

(B) Weight, using calibrated scales; or

(C) Calibrated meter.

(D) The Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

(2) DELIVERIES INTO OR BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON.

(i) F.O.B. ORIGIN.

(A) On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor's option) on the basis of--

(a) Certified capacity tables of the conveyance loaded;

(b).Calibrated meter; or

(c) Weight, using calibrated scales.

(B) The Government has the right to have a representative present to witness the measurement of quantity.

(ii) F.O.B. DESTINATION.

(A) In any case, at the Government’s option, quantity may be determined at the receiving activity on the basis of—

(a) Weight, using calibrated scales; or

(b) A calibrated meter on the receiving tank system.

(B) If the Government does not elect to use one of the methods in (A) above, the quantity shall be determined (at the Contractor’s option) on the basis of--

(a) Calibrated meter;

(b) Certified capacity tables. The tables must be made available at the time of delivery;

(c) Certified tank calibration markers. Certified tank calibration markers will not be accepted unless the conveyance is full to the marker and the entire quantity is delivered; or

(d) The net quantity determined at the loading point by a calibrated loading rack meter or calibrated scales. This quantity must be mechanically imprinted on the loading rack meter ticket that is generated by the loading rack meter or calibrated scales.

(iii) WATER BOTTOMS.

(A) Every delivery must be free of all water bottoms prior to discharge; and

(B) The Contractor is responsible for their removal and disposal.

(b) VOLUME CORRECTION. Volume correction to gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius) is required for--

(1) All product volumes measured in storage tanks and rail tank cars.

(2) All other volumes of fuels and fuel oils measured in tank trucks, trucks and trailers, and tank wagons which are in excess of 3,500 gallons.

(c) MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS) Outside the U.S., other technically equivalent national or international standards may be used. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor. In addition, the following specific standards will be used as applicable:

(1) API MPMS Chapter 11.1, Volume Correction Factors (API 2540/ASTM D 1250/IP 200/ISO 91- 1).

Either the printed version or the computer subroutine versions of the standard may be used. In case of disputes, the computer subroutine shall be the referee method.

(i) Use Volume II, Tables 5B and 6B (or Volume VIII, Tables 53B and 54B).

(ii) Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Celsius to barrels of 60 degrees Fahrenheit. Convert liters at 15 degrees Celsius to cubic meters at 15 degrees Celsius by dividing by 1,000. Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42. Should foreign law restrict conversion by this method, the method required by law shall be used.

(iii) If the original measurement is by weight and quantity is required in U.S. gallons, then—

(A) Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.

(B) Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit.

(2) API MPMS, Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent.

(3) API MPMS Chapter 12, Calculation of Petroleum Quantities. All calculations of net quantities shall be made in accordance with this chapter. Outside the U.S., use of a tank shell correction factor is not required unless its use is a customary practice for custody transfer.

F3.02 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES

(BULK/LUBES) (DLA ENERGY JUN 1996)

(a) Upon arrival of Contractor's transport truck or truck and trailer, the receiving activity shall promptly designate the tanks into which the load is to be discharged. Free time will commence at the time the discharge hose is connected to fill pipe at the delivery point specified and will end when discharge is completed. For items involving multiple drops, time between drops will not be included in free time. Contractor shall be paid for detention beyond free time for delays caused by the Government. A minimum of one hour free time is required. Rate for detention shall be comparable to regulated tariffs governing the local area of receiving activity.

(1) Free time for unloading transport truck or truck and trailer:

(2) Rate for detention beyond the free time:______________________.

(b) The above will not be considered in the evaluation of offers for award, except that free time of less than one hour or detention rates not comparable to regulated tariffs may render an offer unacceptable/bid nonresponsive.

UNLESS OFFEROR INDICATES OTHERWISE, FREE TIME WILL BE CONSIDERED UNLIMITED.

(c) DETENTION COSTS. Any invoices for detention costs will be forwarded directly to the Contracting Officer.

F14 SHIPMENT AND ROUTING (DLA ENERGY JULY 2020)

(a) The Contractor shall make shipments of the supplies called for by this contract, or ordered hereunder, if this is an indefinite delivery contract, by the method specified in the Schedule, to the delivery point, in the quantity, and according to the delivery date specified in the order or in the Schedule.

(b). On items calling for delivery at Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, transportation equipment will be furnished by the Government; provided, however, that the Contractor shall, without additional cost to the Government, arrange to obtain any railway boxcars required for shipments to be made hereunder. Whenever any item of the Schedule specifies delivery by more than one method, selection of the method to be used shall be at Government's option. Government-furnished transportation equipment that Contractor finds unsatisfactory for loading shall be reported as follows:

1. Tankers and Barges. Report to the Quality Representative (QR).

2. Tank Cars. Report to the QR and to Military Surface Deployment and Distribution Command, ATTN: Rail Fleet Manager, 1 Soldier Way, Scott AFB, IL 62225 or email usarmy.scott.sddc.mbx.dodx@mail.mil. Any shortage or overage of tank cars shall be similarly reported.

3. Pipeline, Transport Trucks, Trucks and Trailers, and Tank Wagons. Report to the Quality Representative and to carrier's general office, or to home base or station, of such equipment.

4. If the supplies are for the Defense Logistics Agency Energy (DLA Energy), also report in each case above to the…