RFP SPE605-21-R-0204.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0086241223

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE605-21-R-0204

5. SOLICITATION NUMBER

2021 FEB 15

6. SOLICITATION ISSUE

DATE

Jermaine Smith DJS0176

a. NAME

Phone: 571-767-1796

b. TELEPHONE NUMBER (No Collect calls)

2021 MAR 15

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE605

DLA ENERGY

POST, CAMPS, AND STATIONS

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

01:00 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

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)

SPE605-21-R-0204

INFORMATION TO OFFERORS OR QUOTERS

COVER SHEET

Synopsis/Solicitation

SOLICITATION NUMBER: SPE605-21-R-0204 UNITED KINGDOM (1.8J)

PART: U.S. GOVERNMENT PROCUREMENTS

SUBPART: Supplies, Equipment, and Material

CLASS CODE: 91 – Fuels, Lubricants, Oils and Waxes

ISSUING OFFICE: Defense Logistics Agency – Energy

ATTN: DLA Energy-FEPCB, Jermaine Smith & Tonya Sterling 8725 John J. Kingman Road, Suite 3938 Ft. Belvoir, VA 22060-6222

RESPONSES DUE: Monday, 05 April 2021, 2:00 PM, Eastern Standard Time (EST)

ORDERING PERIOD: July 01, 2021 through June 30, 2026

DELIVERY PERIOD: July 01, 2021 through

July 31, 2026 (30 days after end of ordering period)

ITEMS TO BE PURCHASED:

Premium Unleaded Gasoline with minimum Octane levels, (ULG), Ultra Low Sulfur Diesel, Max 10 PPM Sulfur, (SFD), and Kerosene Class, (KS1) to various locations in the United Kingdom

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

JERMAINE

SMITH TONYA STERKLING

(571) 767-1796 (571) 767-9561 DLAEUK2020@dla.mil DLAEUK2020@dla.mil

WEB ADDRESS: https://today.dla.mil/Pages/Home.aspx

ADDITIONAL INFORMATION: SEE ATTACHED PAGES

mailto:DLAEUK2020@dla.mil

SPECIAL INSTRUCTIONS FOR OFFERORS

a) The Government intends to procure petroleum fuel products for the requirements listed in this solicitation. The Government will award Fixed Price Requirements Contract(s) with Economic Price Adjustment resulting from the Solicitation to the responsible offeror(s) whose offer, conforming to the Solicitation, will be most advantageous to the Government, with price and other factors considered (See Evaluation criteria under SECTION M).

This is a Full and Open solicitation for DLA Energy United Kingdom 1.8J.

b) The closing date is April 05, 2021. Solicitation No. SPE605-21-R-0204 has a performance period from July 01, 2021 through June 30, 2026. The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers.

(Ref: FAR 52.212-1(d)).

(i) Solicitation line item numbers, items, quantities and units of measure are as follows:

Premium Unleaded Gasoline with minimum Octane levels, (ULG) 9130-01-527-5763;

686,000 USG

Ultra Low Sulfur Diesel, Max 10 PPM Sulfur, (SFD) 9140-01-556-9156;13,587,000

USG

Kerosene Class, (KS1) 9140-01-292-4460; 224,000 USG

(iii) Any resultant contract will be Fixed Price Requirements contracts with Economic Price Adjustment. Please refer to FAR 52.216-1, “Type of Contract (APR 1984),” and FAR 52.216-21, “Requirements (OCT 1995).” The Base Reference Date is October 13, 2020 which will be the basis for all Base Reference Prices included in this solicitation. Prices will escalate daily.

PERIOD OF PERFORMANCE FOR ALL CLINS: 01 JULY 2021 – 30 JUNE 2026.

c) This Solicitation incorporates provisions & clauses in effect through 2020 - 05 Effective 26 October 2020; Federal Acquisition Regulation (FAR): FAC 2020-04 Effective 1 October 2020; Defense Federal Acquisition Regulation Supplement (DFARS): DPN 2020 0114 Effective 15 October 2020 Edition; Defensive Logistics Acquisition Directives (DLAD) Effective date for DLAD current to DLAD Rev. 5 & Proc. Ltr. 2021-01.

d) Solicitation Number SPE605-21-R-0204 is issued as a Request for Proposals (RFP).

e) SET ASIDES: This RFP has 28 line items. This acquisition is not set-aside for small businesses.

a. The North American Industry Classification System (NAICS) code for this acquisition is 324110.

f) SCHEDULE: The description, quantities, location, delivery hours, equipment, and other details required for this solicitation are listed in this solicitation.

g) ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to B19.19-1 ECONOMIC PRICE ADJUSTMENT - PUBLISHED MARKET PRICE – SHIPS BUNKERS (DLA ENERGY JUNE 2017) and B-19.27-2 – ECONOMIC PRICE

ADJUSTMENT – ESTABLISHED CATALOG PRICE OR MARKET PRICE - OTHER

THAN PUBLICATIONS (SHIPS' BUNKERS) (DLA ENERGY APR 2020). The base reference date is 13 OCT 2020. Offerors MUST use the publication listed for each line item schedule as the escalation reference for their offer prices. After award, the contract price for all line items will escalate/de-escalate weekly (Monday through Friday, and any deliveries made on Saturday and Sunday (such as in emergency situations) will use Friday’s Price) in accordance with the above-referenced Economic Price Adjustment clauses based upon the prescribed escalation publication referenced in the solicitation, price changes are not based on product cost or vendor profit margin. Pricing for invoicing purposes will be based on the documented barge load date. This date, matched in Prices to Web, will determine invoice price.

Any proposal using an alternate escalator will not be accepted.

h) CLOSING DATE AND LATE OFFERS: The closing date will be 05 April 2021, 2:00 PM, Eastern Standard Time (EST). Any offer received after 05 April 2021, 2:00 PM EST will be considered “late.” Offeror(s) assume all risk for any delay in the transmission of their proposals. All offerors are encouraged to review paragraph (f) of FAR 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018).

i) PROPOSAL SUBMISSION: Offer Prices must be submitted through the Posts, Camps and Stations (PC&S) Offer Entry Tool (OET).

1. PC&S OET is an external web application which allows prospective PC&S ground fuel vendors to securely bid on DLA Energy fuel solicitations. Offerors must be registered in the PC&S OET application in order to submit offer prices. In order to have system access to PC&S OET, offerors must request the applicable user roles via the Account Management and Provisioning System (AMPS) website at: https://amps.dla.mil Note: All offer prices and all supporting documents shall be entered and submitted in OET only.

2. Please use the attached instruction titled, “ATTACHMENT E - AMPS ROLE GUIDE” to obtain an AMPS account if you do not already have one.

3. Once the AMPS registration process is complete, access AMPS with your username and password to request access to the PC&S Ground Vendor Role OET-100. You will be notified by email once your OET access is granted. You will be able to request access to OET through AMPS. Please refer to “ATTACHMENT C - REQUESTING THE OET VENDOR ROLE IN AMPS GUIDE” for instructions on requesting an OET vendor role.

4. After you obtain access to OET, you will be able to select a solicitation to offer on and submit your offer prices via OET using the attached instructions titled, “PC&S OET Vendor Guide.”

5. If you experience trouble registering or if additional assistance is needed, please send an email to the DLA Enterprise Help Desk at DLAEnterpriseHelpDesk@dla.mil or call toll free (855) 352-0001 and select the option for assistance with AMPS.

6. In the event of technical issues on the part of OET that prevent an offeror from successfully entering offer data in OET, the offeror must immediately notify both Government’s Points of Contact via email at DLAEUK2020@dla.mil to request allowance for offeror’s manual offer submission using Price Data Sheets. Nevertheless, the offerors are still responsible for entering offer data through OET upon its return to a fully functioning state.

7. For further instructions on OET and AMPS please see the following attachments:

https://amps.dla.mil/ mailto:DLAEnterpriseHelpDesk@dla.mil

A. ATTACHMENT E - AMPS ROLE GUIDE

B. ATTACHMENT C - REQUESTING THE OET VENDOR ROLE IN AMPS

GUIDE

C. ATTACHMENT D - PCS OET VENDOR GUIDE

All remaining proposal documentation must be submitted via OET. If you are unable to submit in OET then send via email to DLAEUK2020@dla.mil.

j) TAX AND FEE INFORMATION: Applicability of taxes is governed by the following provisions & clauses:

• FAR 52.229-6 TAXES-FOREIGN FIXED-PRICED CONTRACTS (FEB 2013)

• DFARS 252.229-7001 – TAX RELIEF(APR 2020)

• DFARS 252.229-7007 – VERIFICATION OF UNITED STATES RECEIPT OF

GOODS(JUN 1997)

• DFARS 252.229-7006-VALUE ADDED TAX EXCLUSION (UNITED

KINDGOM)(DEC 2011)

• DFARS 252.229-7008-RELIEF FROM IMPORT DUTY (UNITED KINGDOM)(DEC

2011)

• DFARS 252.229-7009 – RELIEF FROM CUSTOMS DUTY AND VALUE ADDED

ON FUEL (PASSENGER VEHICLES)(UNITED KINGDOM)(JUN1997)

• DFARS 252.229-7010 – RELIEF FROM CUSTOMS DUTY OF FUEL (UNITED

KINDGOM)(JUN 1997)

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

l) AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018). While the Government intends to evaluate proposals in accordance with FAR 15.101-2, Lowest Price Technically Acceptable source selection process and award a contract without discussions, it reserves the right to conduct discussions if determined by the Contracting Officer to be necessary. If discussions are conducted, the Government will then evaluate proposals and award a contract after conducting discussions with Offerors whose proposals have been determined to be within the competitive range. Therefore, offerors are advised to submit their best prices with their initial offer.

m) CONTRACT TYPE: Contract(s) awarded as a result of this solicitation will be Fixed Price Requirements contracts with Economic Price Adjustment. Please refer to FAR 52.216-1, Type of Contract (APR 1984) and FAR 52.216-21 Requirements (OCT 1995).

n) EVALUATION: As indicated in Section M in the solicitation, proposals will be evaluated in accordance with FAR 52.212-2, Evaluation – Commercial Items (OCT 2014). Offerors should thoroughly read and understand the terms and conditions contained in the solicitation. Failure to provide any information requested in the solicitation may render an offer unacceptable and preclude it from any further consideration. Offerors should ensure that the information contained in their proposals is factual, accurate, and complete.

(PLEASE REFER TO SECTION M - FAR 52.212-2 EVALUATION – COMMERCIAL

ITEMS)

o) SYSTEM FOR AWARD MANAGEMENT (SAM): SAM registration is required prior to contract award. FAR provision 52.212-3, Offeror Representations and Certifications – Commercial Items (AUG 2020) applies to this acquisition. Offerors shall complete this provision in SAM. SAM is an official U.S. Government system and all offerors are required to be registered in this system. Contractors register one time and confirm on an annual basis that their SAM registration is complete and accurate. There is NO fee to register for this site. Please provide the printout from SAM with your proposal. Offerors may obtain information on registration and annual confirmation requirements at:

SAM.gov or by calling 1-866-606-8220 or 334-206-7828

p) COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please include your CAGE code in your offer submission letter. If you have not been assigned a CAGE code, insert the word “None” when referencing CAGE code.

q) DUNS NUMBER: Please include your company’s Data Universal Numbering System (DUNS) Number in your offer submission letter.

NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE

TIME OF AWARD WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR

RECEIPT OF CONTRACTS WITH THE GOVERNMENT AGENCIES OR IN

RECEIPT OF A PROPOSED DEBARMENT FROM ANY GOVERNMENT

AGENCY IS VOIDABLE AT THE OPTION OF THE GOVERNMENT.

r) ACKNOWLEDGEMENT OF AMENDMENTS: YOU MUST ACKNOWLEDGE RECEIPT OF ANY AMENDMENTS TO THIS SOLICITATION. You may do this by completing SF 30 Block 8, 15A, signing 15B, 15C, and returning one (1) copy of each amendment issued.

s) Offerors should identify any exceptions taken to the terms and conditions of the solicitation on company letterhead with their proposal, identifying the clause(s)/provision(s) and what exception is being taken, the reason for exception, and any cost savings to the Government if accepted. If the offer is within the competitive range but exception is not acceptable to the Government, the offeror will be advised during negotiations and given an opportunity to withdraw their offer or accept the RFP terms and conditions.

POINTS OF CONTACT:

Information Regarding Solicitation SPE605-21-R-0204 Points of contact for information regarding this solicitation are:

Jermaine Smith Tonya Sterling Phone: (571) 294-9955 Phone: (571) 767-9651 Email: DLAEUK2020@dla.mil Email: DLAEUK2020@dla.mil

SUMMARY OF OFFER SUBMISSION REQUIREMENTS:

IN ADDITION TO MEETING THE OFFER SUBMISSION REQUIREMENTS OF FAR

52.212-1, OFFERORS SHALL DO THE FOLLOWING:

(1) Offerors must be registered in the following systems:

• System for Award Management (SAM) at https://www.sam.gov

• Wide Area Work Flow (WAWF) at https://wawf.eb.mil/ (which includes

MyInvoice)

• DLA Internet Bid Board System (DIBBS) at https://www.dibbs.bsm.dla.mil

REGISTRATION IN THESE SYSTEMS IS REQUIRED BY THE OFFER

SUBMISSION DUE DATE AND TIME.

(2) All offers must comply with the instructions in FAR 52.212-1(b) to include at a minimum:

a. Solicitation number on your offer,

b. Adhere to the date and time specified in the solicitation for receipt of offers,

c. The name, address, email address, and telephone number of the offeror,

d. A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary,

e. Terms of any express warranty,

f. Price submitted via OET with all taxes and fees included

g. Any discount terms

h. Remit to address, if different than mailing address,

i. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR

52.212- 3(b) for those representations and certifications that the offeror shall complete electronically),

j. Return a signed copy of all Solicitation Amendments; and

k. Offers must be submitted on Company Letterhead that includes a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and signed and dated by an Officer of the Company. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(3) All offerors are required to provide written acknowledgement at the time of submission of their initial offer that the offer prices provided are accurate and include all applicable taxes and/or fees. Offerors must also confirm their ability to perform all contractual obligations in a satisfactory manner for the duration of the contract period at the offer price(s) submitted in response to Solicitation SPE605-21-R-0204.

(4) The following clauses below, in the Table of Contents, are included in full text or are incorporated by reference into this solicitation.

SPECIAL CONTRACT PROVISIONS

TABLE OF CONTENTS

SECTION B: SUPPLIES OR SERVICES PRICE COST

PROVISION

NUMBER

TITLE

PAGE

B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS

INTERNET APPLICATION) (DLA ENERGY JAN 2012)

https://www.sam.gov/ http://www.dibbs.bsm.dla.mil/

B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN

2012)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF

WORK

QUALITY

ASSURANCE

C1.02 ASST DATABASE OF SPECIFICATIONS (DLA ENERGY MAY 2019) 31

C16.69-4 KEROSENE (KS1) (PC&S) (DLA ENERGY JAN 2015) 31

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

MAR 2017)

C16.69-4 KEROSENE (KS1) (PC&S) (DLA ENERGY JAN 2015) 31

SECTION E: INSPECTION AND ACCEPTANCE

QUALITY

ASSURANCE

PROVISION

TITLE PAGE

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP

2013)

E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015) 31

E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009) 31

E21.01 POINT OF INSPECTION (DLA ENERGY JUN 2015) 31

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS

(DLA ENERGY APR 2016)

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC

2011)

E37

SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA

ENERGY DEC 2011)

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

CLAUSE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984) 31

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) 31

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991) 32

F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND

TRAILERS, AND TANK WAGONS (DLA ENERGY JAN 2012)

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

2015)

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

2014)

F1.26 DELIVERY CONDITIONS FOR ALL ITEMS INCLUDING

AUTOMATIC FILL-UP (DLA ENERGY JAN 2004)

F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME

AND DETENTION RATES (PC&S) (DLA ENERGY AUG 2005)

F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY

(PC&S) (APR 2005)

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) 40

F16 BARGE UNLOADING CONDITIONS (DLA ENERGY JAN 2012) 40

F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005) 42

F52 TANKER/OCEAN-GOING BARGE DEMURRAGE AND LOADING

CONDITIONS (DLA ENERGY) (JAN 2012)

F54 TANKER UNLOADING CONDITIONS (DLA ENERGY) (AUG 2007) 44

SECTION G: CONTRACT ADMINISTRATION DATA

DFARS 252.232-

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND

RECEIVING REPORTS (DEC 2018)

DFARS 252.232-

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) 46

DFARS 252.225-

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC

2017)

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG

1998)

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED

(DLA ENERGY JAN 2017)

G-0003 G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS -

CORPORATE TRADE EXCHANGE (DLA ENERGY JUL 2007)

G-0004 G150.07-2 SUBMISSION OF INVOICES FOR PAYMENT

(OVERSEAS PC&S) (DLA ENERGY JAN 2012)

SECTION H: SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES

The first section of Section I Contract Clauses are incorporated by reference (IBR) into this solicitation and any resulting contract.

FAR 52.203-3 GRATUITIES (APR 1984) (IBR) 61

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(IBR)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(JUL 2016) (IBR)

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (JUN 2016) (IBR)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT (AUG 2020)

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) 61

FAR 52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (JUN 2020) 61

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN

2013) (IBR)

FAR 52.242-13 BANKRUPTCY (JUL 1995) (IBR) 61

DFARS 252.203-

REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011) (IBR)

DFARS 252.204-

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (OCT 2016) (IBR)

DFARS 252.204-

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES

DFARS 252.205-

PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS (DEC 1991) (IBR)

DFARS 252.225-

TRADE AGREEMENTS—BASIC (SEP 2019) (IBR)

DFARS 252.232-

LEVIES ON CONTRACT PAYMENTS (DEC 2006) (IBR) 62

DFARS 252.243-

REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) (IBR) 62

DFARS 252.244-

SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL

COMPONENTS (DOD CONTRACTS) (JUNE 2013) (IBR)

DFARS 252.247-

TRANSPORTATION OF SUPPLIES BY SEA—BASIC (FEB 2019)

This second section of Section I Contract Clauses are inserted in full text into this solicitation and the resulting Contracts.

Note, some of the below clauses have additional contract clauses IBR into them as well.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(OCT 2018)

• Incorporates by Reference:

o FAR 52.202-1 Definitions (Nov 2013) o FAR 52.233-1 Disputes (May 2014)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN

2020)

• Incorporates by Reference:

o FAR 52.203-19 Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements (Jan 2017) o FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) o FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) o FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) o FAR 52.233-3 Protest After Award (Aug 1996) o FAR 52.233-4 Applicable Law for Breach of Contract Claim

(Oct 2004)

FAR 52.216-21 REQUIREMENTS - (OCT 1995) 76

FAR 52.229-6 TAXES-FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) 76

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- SYSTEM FOR

AWARD MANAGEMENT (OCT 2018)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 79

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) 79

DFARS 252.204-

LEVEL I ANTITERRORISM AWARENESS TRAINING FOR

CONTRACTORS (FEB 2019)

DFARS 252.216-

ORDERING (SEP 2019) 79

DFARS 252.229-

TAX RELIEF (APR 2020) 79

DFARS 252.229-

VALUE ADDED TAX EXCLUSION (UNITED KINGDOM)(DEC 2011) 80

DFARS 252.229-

RELIEF FROM IMPORT DUTY (UNITED KINGDOM)(DEC 2011) 80

DFARS 252.229-

RELIEF FROM CUSTOMS DUTY AND VALUE ADDED TAX OF FUEL

(PASSENGER VEHICLES)(UNITED KINDGOM)(DEC 2011)

DFARS 252.229-

RELIEF FROM CUSTOMS DUTY ON FUEL (UNITED KINGDOM)(JUN

1997)

DLAD 52.233-9001 DISPUTES- AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (DEC 2016)

I1.01 DEFINITIONS (DLA ENERGY JUN 2009) 81

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE –

COMMERCIAL ITEMS (DLA ENERGY FEB 1996)

I86.06 DELIVERY-ORDER LIMITATIONS (OVERSEAS PC&S) (DLA

ENERGY) (AUG 1990)

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL

PREVENTION (DLA ENERGY FEB 2009)

I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA

ENERGY APR 2006)

I209.09 EXTENSION PROVISIONS (JAN 2012)

I1.20-1 ORDERING (DLA ENERGY) (JAN 1991) 83

SECTION J: LIST OF ATTACHMENTS

ATTACHMENT A – SCHEDULE B 84

ATTACHMENT B - BASE REFERENCE PRICES & ESCALATORS 84

ATTACHMENT C – REQUESTING THE OET VENDOR GUIDE 84

ATTACHMENT D – PCS OET VENDOR GUIDE 84

ATTACHMENT E – AMPS ROLE GUIDE 84

ATTACHMENT F - GASOLINE (PC&S) (EUROPE)(MIDDLE EAST)(DLA ENERGY APR

2017)

ATTACHMENT F - DIESEL (SFD) (PC&S) (EUROPE)(MIDDLE EAST) (DLA ENERGY MAR

2017)

ATTACHMENT F - KEROSENE (KS1) (PC&S) (DLA ENERGY JAN 2015) 84

ATTACHMENT G – E ENERGY QAPS 84

SECTION K: REPRESENTATION AND CERTIFICATIONS

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING (JUL 2016)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (AUG 2020)

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (OCT 2020)

FAR 52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS-

COMMERCIAL ITEMS (AUG 2020)

FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS

COMPLIANCE PLAN (MAR 2015)

FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS – NOTICE AND

REPRESENTATION (JUN 2020)

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF

FORMER DOD OFFICIALS (NOV 2011)

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES REPRESENTATION – BASIC (DEC 2019)

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES –

REPRESENTATION (DEC 2019)

DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS

WITH THE MADURO REGIME (DEVIATION 2020-O0005)

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 102

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 102

K86 FOREIGN TAXES (DLA ENERGY NOV 2014) 102

K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE

SUBMISSION (DLA ENERGY MAY 2014)

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO

OFFERORS

TITLE CLAUSE

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 103

FAR 52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS (OCT

2018)

FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR

1991)

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) 107

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 108

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 108

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016)

DFARS 252.215-7008 ONLY ONE OFFER (JUL 2019) 108

DLAD L06 AGENCY PROTESTS (DEC 2016) 109

DLAD L09 REVERSE AUCTION (OCT 2016) 109

L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 110

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 111

L54 SITE VISIT (DLA ENERGY OCT 1992) 111

L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE

UTILIZED IN THE DELIVERY OF PRODUCT (PC&S) (DLA

ENERGY JAN 2012)

SECTION M: EVALUATION FACTORS FOR AWARD

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

M19.08 EVALUATION (SHIPS' BUNKERS) (PC&S) (DLA ENERGY JAN

2012)

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 113

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA

ENERGY APR 1997)

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B1.05-2 – SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (DLA ENERGY JAN

2012)

(a) 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 clause.

(b) All items of this contract call for delivery F.O.B. destination unless the item otherwise specifies. The destination for each item is the point of delivery shown in the particular item.

(c) Written telecommunication (facsimile) is authorized for transmittance of a properly completed order. In an emergency, oral orders may be issued but must be confirmed in writing by an order within 24 hours.

(d) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Any offers received for less than the full quantity for each line item will be rejected by the Government.

FUEL PRODUCT NSN: Approximate Quantity

SEE ATTACHMENT A - SCHEDULE B

NOTE: The above requirements are to be delivered via tank truck and barge to various Military and Federal Civilian facilities within the United Kingdom.

B19.02 ECONOMIC PRICE ADJUSTMENT – OVERSEAS (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

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

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

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

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

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

(c) 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 PRICE

REPORT.

(name of publication)

[ ] (iii) The established price posted by ______________________________________________________ and (name of company) published in _________________________________________________________ (name of publication)

(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, 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 issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices, as notice of the correction is received. DLA Energy will work with the pricing services to determine the appropriate price, 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 Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof.

(i) 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 text until the increase has been verified by the Contracting Officer.

(ii) 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.

(d) 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.

(e) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract text, no upward adjustment shall apply to product scheduled under the contract to be http://www.platts.com/ http://www.desc.dla.mil/ 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.

(f) 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 _550%_____ 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 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.

(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.

(g) 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.

(h) 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.

(i) 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 wording of this contract text.

(j) 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.

(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 __________ (includes any Item No. by number which reference Location where to the (date) tax included (listed from (c)(2) price is published reference price reference (exclude in the award items) above) and name of product is applicable price all taxes p rice .

SEE ATTACHMENT B - BASE REFERENCE PRICES & ESCALATORS

SECTION C: DESCRIPTION / SPECIFICATION

The following clauses are incorporated by reference, and are provided in full text in ATTACHMENT F - C

ENERGY QAPS:

C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAY 2014)

C16.67-1 - GASOLINE (PC&S) (EUROPE)(MIDDLE EAST)(DLA ENERGY APR 2017)

C16.67-2 - DIESEL (SFD) (PC&S) (EUROPE)(MIDDLE EAST) (DLA ENERGY MAR 2017)

C16.69-4 - KEROSENE (KS1) (PC&S) (DLA ENERGY JAN 2015)

SECTION E: INSPECTION AND ACCEPTANCE

The following clauses are incorporated by reference, and are provided in full text in ATTACHMENT G - E

ENERGY QAPS:

E1 CONTRACTOR INSPECTION RESPONSIBILITIES

E1.21 – JET A / JET A-1 (DLA ENERGY FEB 2014)

E12 - POINT OF ACCEPTANCE

E18.01 – SAMPLE SUBMISSION (DLA ENERGY AUG 2009)

E21.01 – POINT OF INSPECTION (DLA ENERGY JUN 2015)

E22 –LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY APR 2016)

E35 – NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

E37 – SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY DEC 2011)

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.

FAR 52.211-17 -- DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor’s expense or retained and paid for by the Government at the contract unit price.

FAR 52.247-34 - F.O.B. DESTINATION (NOV 1991)

(a) The term “f.o.b. destination,” as used in this clause, means --

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall --

(1)

(i) Pack and mark the shipment to comply with contract specifications;

or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

F1.01-1 – DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND

TANK WAGONS (DLA ENERGY JAN 2012)

IMPORTANT NOTE on EPA TESTING OF UNDERGROUND TANKS. If the "volumetric" method is used for annual EPA testing of underground tanks, the "topping off" of tanks for this test is outside the scope of DLA Energy requirements contracts.

(a) F.O.B. ORIGIN. On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b. transport truck, truck and trailer, or tank wagon—

(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 on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(b) F.O.B. DESTINATION. On items calling for delivery f.o.b. destination by means of transport truck, truck and trailer, or tank wagon--

(1) 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, with the following exceptions:

(i) An order placed under an item of this contract calling for delivery by transport truck of motor gasoline, fuel oil, diesel fuel, or kerosene, or, if this procurement is for Central America only, jet fuel, may require delivery of a quantity as low as 5,200 gallons whenever the activity is restricted either by a tank capacity or by a directive from receiving a larger quantity; and

(ii) Where the Schedule provides for multiple drop deliveries, the Contractor may be required to deliver into more than one storage tank. Where truck and trailer is the method of delivery specified, the Contractor may, at its option, make delivery by transport truck. In the case of deliveries in Alaska, where truck and trailer or transport truck is the method of delivery specified, the Contractor may, at its option, make delivery by tank wagon.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(3) The Contractor shall not be required to deliver by tank wagon a quantity of less than 575 liters (or 150 gallons) but, at the Government's option, may be required to deliver into more than one storage tank.

(4) When delivery is made by tank wagon, such wagon shall be equipped with pump, meter, and a minimum of 100 feet (30 meters) of hose. 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 tank wagon, transport truck, or truck and trailer to a Government facility, 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) When delivery is made by tank wagon, 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 that 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.

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…