RFP SPE60524R0206 Solicitation 1.8M.pdf

COMBINED SYNOPSIS/SOLICATION

SPE60524R02026

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate solicitation will not be issued.

2. This combined synopsis/solicitation No. SPE60524R0206 is issued as a request for proposal (RFP). Submit written offers only, oral offers will not be accepted.

3. This combined synopsis/solicitation document incorporates provisions and clauses, those in effect through Federal Acquisition Circular (FAC) 2024-03 effective as of February 23, 2024, Defense Federal Acquisition Regulation Supplement (DFARS) change date December 22, 2023, Defense Logistics Agency Directive (DLAD) February 01, 2023, with the same force and effect as if they were given in full text. The full text of the referenced clause and provision in this solicitation may be accessed electronically at https://www.ecfr.gov/current/title- 48/chapter-1, https://www.acq.osd.mil/dpap/dars/dfarspgi/current/, and, https://www.dla.mil/Acquisition/Policy-and- Directives/#98025. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its offer.

4. This procurement is being issued as UNRESTRICTED. North American Industrial Classification Standard (NAICS): 324110 Small Business Size Standard: 1500 employees or refining no more than 200,000 barrels per calendar day.

5. Period of Performance: Date of Award through September 30, 2028. Delivery shall be FOB destination; (See Narrative Detail in Attachment-A).

6. In accordance with FAR 52.216-1 Type of Contract (April 1984) The Government contemplates award of a Fixed- Priced, Requirements contract with Economic Price Adjustment (EPA) contract resulting from this solicitation.

7. The period for acceptance of offers: The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. Offer price should include all cost arising from performance of the contract. Offerors must submit pricing in Unit per Liter format.

8. Offerors may not include in their prices or proposed charges any foreign taxes. Offerors are expected to know the relevant business procedures in the countries where fuel will be delivered. For any tax exemptions that may apply due to the nature of the acquisition being to supply the United States Government, the winning offeror is expected to procure tax exemptions in a timely manner in order to meet the period of performance.

The Government reserves the right to conduct a price realism analysis. Offerors are hereby informed and reminded that negative consequences may result from proposing a price that is too low. The Contracting Officer may reject a proposal as unacceptable or assess it as a technical risk to the offerors’ proposal. DLA Energy may review prices to determine whether they are so low that they reflect a lack of technical understanding of the requirement.

9. Defense Priorities and Allocations System (DPAS) and assigned rating: DO

10. Offers are due: No Later Than May 20, 2024, at 12:00 PM Fort Belvoir, VA time. Offers must be completed and signed proposals shall be submitted via Offer Entry Tool (OET). All amendments to this combined synopsis/ solicitation must all be signed and uploaded to OET. Please see Attachment D – PCS OET – AMP Guide.

NOTE: This is an open continuous solicitation with successive closing dates. The first closing date is May 20, 2024, at 12:00 PM Fort Belvoir, VA time and is for the 62 Line Items contained in this first closing. Solicitation SPE60524R0206 has a performance period of Date of Award through September 30, 2028.

The Government anticipates receiving new requirements throughout the performance period. Therefore, solicitation SPE60524R0206 will remain open until September 30, 2027, for any new CLINs to be solicited. As new requirements are received, the Government will issue amendment(s) to the solicitation, with new closing dates for the new requirements, and afford all offerors an opportunity to compete for the new CLINs.

11.Telephonic (oral) questions Will Not be addressed. Offerors may submit questions in writing, via email to Byron Phillips, byron.phillips@dla.mil and Matthew Womer, matthew.womer@dla.mil No Later Than May 9, 2024, at https://www.ecfr.gov/current/title-48/chapter-1 https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/Acquisition/Policy-and-Directives/#98025 https://www.dla.mil/Acquisition/Policy-and-Directives/#98025 mailto:byron.phillips@dla.mil mailto:matthew.womer@dla.mil

12:00 PM Fort Belvoir, VA time. All responses to questions, which may affect offers, will be consolidated and answered via an official Question and Answer (Q&A) amendment to the solicitation.

12. The provision at FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and is incorporated herein by reference.

13. The provision at FAR 52.212-2 Evaluation-Commercial Products and Commercial Services and related addenda applies to this acquisition. See FAR 52.212-2 under Full Text Clause Section.

14. The clause FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, applies to this acquisition. Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with its offer.

15. The clause FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023), applies to this acquisition.

16. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (DEC 2023) is applicable to this procurement and incorporated by reference.

Regarding clauses to be selected in FAR 52.212-5, the following clauses from paragraph (b) are selected and also incorporated by reference: FAR 52.203-6, 52.203-13, 52.203-15, 52.204-10, 52.204-27, 52.209-6, 52.209-9, 52.222-19, 52.222-50, 52.223-18, 52.225-13, 52.225-26, 52.229-12, and 52.232-33.

17. The following FAR and DFARS clauses cited are applicable to the acquisition and are incorporated by reference.

FAR 52.252-1 SOLICIATION PROVISIONS INCORPORATED BY REFRENCE

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.ecfr.gov/current/title- 48/chapter-1, https://www.acq.osd.mil/dpap/dars/dfarspgi/current/, and https://www.dla.mil/Acquisition/Policy-and-Directives/#98025.

FAR 52.252-2 SOLICIATION PROVISIONS INCORPORATED BY REFRENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.ecfr.gov/current/title-48/chapter-1, https://www.acq.osd.mil/dpap/dars/dfarspgi/current/, and https://www.dla.mil/Acquisition/Policy-and- Directives/#98025.

CLAUSE

FAR 52.212-4

Contract Terms and Conditions–Commercial Products and Commercial Services Nov 2023

FAR 52.212-5

Contract Terms and Condition Required to Implement Statues or Executive Order Commercial Products and Commercial Services Dec 2023

FAR 52.203-3 Gratuities Apr 1984 FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020 FAR 52.204-7 System for Award management Oct 2018 FAR 52.204-13 System For Award Management Maintenance Oct 2018 FAR 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 FAR 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 FAR 52.204-20 Predecessor of Offeror Aug 2020 https://www.acquisition.gov/far/part-52#FAR_52_212_1 https://www.ecfr.gov/current/title-48/chapter-1 https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/Acquisition/Policy-and-Directives/#98025 https://www.dla.mil/Acquisition/Policy-and-Directives/#98025 https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/Acquisition/Policy-and-Directives/#98025 https://www.dla.mil/Acquisition/Policy-and-Directives/#98025

FAR 52.204-21 Basic Safeguard of Covered Contractor Information Systems Nov 2021

FAR 52.204-25

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Nov 2021

FAR 52.204-27 Prohibition on a ByteDance Covered Application Jun 2023

FAR 52.209-6

Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Nov 2021

FAR 52.209-7 Information Regarding Responsibility Matters Oct 2018

FAR 52.209-9

Updates of Publicly Available Information Regarding Responsibility Matters Oct 2018

FAR 52.214-34 Submission of Offers in the English Apr 1991 Apr 1991 FAR 52.216-2 Economic Price Adjustment Standard Supplies Nov 2021 FAR 52.216-19 Order Limitations Oct 1995 FAR 52.216-21 Requirements Oct 1995 FAR 52.223-3 Hazardous Material Identification and Material Safety Data Feb 2021 FAR 52.229-6 Taxes Foreign Fixed-Price Contracts Feb 2013 FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation Jun 2020 FAR 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 FAR 52.233-1 Disputes May 2014 FAR 52.233-2 Service Of Protest Sep 2006 FAR52.233-3 Protest After Award Aug 1996 FAR52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 FAR 52.242-13 Bankruptcy Jul 1995 FAR 52.246-1 Contractor Inspection Requirements Apr 1984 FAR 52.246.2 Inspection of Supplies – Fixed Price Aug 1996 FAR 52.247-34 F.O.B Destination Nov 1991 FAR 52.252-6 Authorized Deviations in Clauses Nov 2020 DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011 DFARS 252.203-7002 Requirements to Inform Employees of Whistle Blower Rights Dec 2022 DFARS 252.203-7003 Agency Office of The Inspector General Aug 2019 DFARS 252.203-7005 Representation Relating to Compensation of Former DOD Officials Sep 2022 DFARS 252.204-7000 Disclosure of Information Oct 2016 DFARS 252.204-7003 Control of Government Personnel Work Product Apr 1992 DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors Jan 2023

DFARS 252.204-7008

Compliance With Safeguarding Covered Defense Information Controls Oct 2016

DFARS 252.204-7012

Safeguarding Covered Defense Information and Cyber Incident Reporting Jan 2023

DFARS 252.204-7015

Notice of Authorized Disclosure of Information for Litigation Support Jan 2023

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 May 2021

DFARS 252.204-7018

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services Jan 2023

DFARS 252.204-7019 NISTSP 800-171 DoD Assessment Requirements Nov 2023 DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements Nov 2023 DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders Jun 2023 DFARS 252.209-7002 Disclosure of Ownership or Control by a Foreign Government Dec 2022

DFARS 252.209-7004

Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism May 2019

DFARS 252.225-7021 Trade Agreements Oct 2023 DFARS 252.225-7041 Correspondence in English Jun 1997

DFARS 252.225-7050

Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism Dec 2022

DFARS 252.225-7055

Representation Regarding Business Operations with the Maduro Regime May 2022

DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime Jan 2023

DFARS 252.225-7966

Prohibition Regarding Russian Fossil Fuel Business Operations— Representation (Deviation 2024-O0006) Feb 2024

DFARS 252.225-7967

Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006) Feb 2024

DFARS 252.225-7975

Additional Access to Contractor and Subcontractor Records (DEVIATION 2024-O0003) Dec 2023

DFARS 252.225-7040

Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States Oct 2023

DFARS 252.229-7001 Tax Relief Apr 2020

DFARS 252.229-7001

Alt1 Tax Relief Apr 2020 DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports Dec 2018 DFARS 252.232-7006 Wide Area Workflow Payment Instructions Jan 2023 DFARS 252.232-7008 Assignment Of Claims (Overseas) Jun 1997 DFARS 252.232-7010 Levies on Contract Payments Dec 2006 DFARS 252.233-7001 Choices of Law (Overseas) Jun 1997 DFARS 252.243-7002 Requests for Equitable Adjustment Dec 2022 DFARS 252.244-7000 Subcontracts For Commercial Products or Commercial Services Nov 2023 DFARS 252.246-7004 Safety of Facilities, infrastructure/Equipment for military operations Oct 2010

DFARS 252.247-7003

Pass-through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer Jan 2023

DFARS 252.247-7023 Transportation of Supplies by Sea Jan 2023

The following clauses apply and are incorporated by reference into the solicitation. See Attachment - B for the full text of these clauses:

DLA ENERGY QAP C16.38-2 FUEL OIL, BURNER No. 2 S5000 JUN 2012

DLA ENERGY QAP C16.67-1 GASOLINE FUEL SPECIFICATIONS (PC&S) (EUROPE) JUN 2017

DLA ENERGY QAP C16.67-2 DIESEL FUEL SPECIFICATION (SFD) (PC&S) NOV 2018

(EUROPE) (MID EAST)

DLA ENERGY QAP E12 POINT OF ACCEPTANCE JUL 2015

DLA ENERGY QAP E18.01 SAMPLE SUBMISSION AUG 2009

DLA ENERGY QAP E21.01 POINT OF INSPECTION JUN 2015

DLA ENERGY QAP E22 INSPECTION OFFICES FEB 2022

DLA ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES DEC 2011

DLA ENERGY QAP E37 SOURCE RESTRICTION AND SOURCE INSPECTION DEC 2011

18. The following FAR, DFARS, and DLAD clauses cited are applicable to the acquisition and are incorporated by full text.

B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (DLA INTERNET BID BOARD SYSTEM (DIBBS))

APPLICATION) (DLA ENERGY JAN 2024)(TAILORED)

(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 contract text.

(b) In an emergency, oral orders may be issued but must be confirmed in writing via Enterprise External Business Portal (EEBP) generated order within 48 hours or two business day. See the DLA INTERNET BID BOARD SYSTEM (DIBBS) INTERNET APPLICATION contract text F1.11.

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item.

Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as __4___-year requirements.

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY

The following is a description of requirements for the items/supplies to be acquired. In addition, the schedules and quantity amounts can be found in Attachment – A.

Line Item National Stock Number Product Description Quantity (Liters)

Unit Price

(Euros)

Total Price

(Euros)

0001 9140-00-247-4365 FUEL OIL, BURNER 488,317.890

0002 9140-00-247-4365 FUEL OIL, BURNER 26,497.870

0003 9140-00-247-4365 FUEL OIL, BURNER 545,099.040

0004 9140-00-247-4365 FUEL OIL, BURNER 291,476.570

0005 9140-00-247-4365 FUEL OIL, BURNER 41,639.510

0006 9140-00-247-4365 FUEL OIL, BURNER 336,901.490

0007 9140-00-247-4365 FUEL OIL, BURNER 13,135,372.700

0008 9140-00-247-4365 FUEL OIL, BURNER 707,871.670

0009 9140-00-247-4365 FUEL OIL, BURNER 352,043.130

0010 9140-00-247-4365 FUEL OIL, BURNER 2,490,799.780

0011 9140-00-247-4365 FUEL OIL, BURNER 776,009.050

0012 9140-00-247-4365 FUEL OIL, BURNER 3,618,851.960

0013 9140-00-247-4365 FUEL OIL, BURNER 193,055.910

0014 9140-00-247-4365 FUEL OIL, BURNER 37,854.100

0015 9140-00-247-4365 FUEL OIL, BURNER 2,384,808.300

0016 9140-00-247-4365 FUEL OIL, BURNER 412,609.690

0017 9140-00-247-4365 FUEL OIL, BURNER 980,421.190

0018 9140-00-247-4365 FUEL OIL, BURNER 3,562,070.810

0019 9140-00-247-4365 FUEL OIL, BURNER 2,426,447.810

0020 9140-00-247-4365 FUEL OIL, BURNER 3,225,169.320

0021 9140-01-556-9156 DIESEL FUEL 64,351.970

0022 9130-01-527-5763 GASOLINE, AUTOMOTIVE 230,910.010

0023 9130-01-527-5763 GASOLINE, AUTOMOTIVE 37,854.100

0024 9130-01-527-5763 GASOLINE, AUTOMOTIVE 98,420.660

0025 9130-01-527-5763 GASOLINE, AUTOMOTIVE 109,776.890

0026 9130-01-527-5763 GASOLINE, AUTOMOTIVE 162,772.630

0027 9130-01-527-5763 GASOLINE, AUTOMOTIVE 60,566.560

0028 9130-01-527-5763 GASOLINE, AUTOMOTIVE 211,982.960

0029 9130-01-527-5763 GASOLINE, AUTOMOTIVE 7,570.820

0030 9130-01-527-5763 GASOLINE, AUTOMOTIVE 121,133.120

0031 9130-01-527-5763 GASOLINE, AUTOMOTIVE 102,206.070

0032 9130-01-527-5763 GASOLINE, AUTOMOTIVE 37,854.100

0033 9130-01-527-5763 GASOLINE, AUTOMOTIVE 2,536,224.700

0034 9130-01-527-5763 GASOLINE, AUTOMOTIVE 522,386.580

0035 9130-01-527-5763 GASOLINE, AUTOMOTIVE 2,218,250.260

0036 9130-01-527-5763 GASOLINE, AUTOMOTIVE 3,785.410

0037 9130-01-527-5763 GASOLINE, AUTOMOTIVE 64,351.970

0038 9130-01-527-5763 GASOLINE, AUTOMOTIVE 211,982.960

0039 9140-01-556-9156 DIESEL FUEL 367,184.770

0040 9140-01-556-9156 DIESEL FUEL 295,261.980

0041 9140-01-556-9156 DIESEL FUEL 3,785.410

0042 9140-01-556-9156 DIESEL FUEL 1,075,056.440

0043 9140-01-556-9156 DIESEL FUEL 68,137.380

0044 9140-01-556-9156 DIESEL FUEL 1,245,399.890

0045 9140-01-556-9156 DIESEL FUEL 1,411,957.930

0046 9140-01-556-9156 DIESEL FUEL 204,412.140

0047 9140-01-556-9156 DIESEL FUEL 264,978.700

0048 9140-01-556-9156 DIESEL FUEL 3,641,564.420

0049 9140-01-556-9156 DIESEL FUEL 2,967,761.440

0050 9140-01-556-9156 DIESEL FUEL 4,637,127.250

0051 9140-01-556-9156 DIESEL FUEL 840,361.020

0052 9140-01-556-9156 DIESEL FUEL 1,707,219.910

0053 9140-01-556-9156 DIESEL FUEL 7,120,356.210

0054 9140-01-556-9156 DIESEL FUEL 632,163.470

0055 9140-01-556-9156 DIESEL FUEL 1,476,309.900

0056 9140-01-556-9156 DIESEL FUEL 3,785.410

0057 9140-01-556-9156 DIESEL FUEL 4,262,371.660

0058 9140-01-556-9156 DIESEL FUEL 806,292.330

0059 9140-01-556-9156 DIESEL FUEL 2,214,464.850

0060 9140-01-556-9156 DIESEL FUEL 435,322.150

0061 9140-01-556-9156 DIESEL FUEL 3,001,830.130

0062 9140-01-556-9156 DIESEL FUEL 2,218,250.260

Total Quantity (Liters): 83,737,054.610

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 _OMR Market Report – Weekly Survey.

(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.

http://www.platts.com/

(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 https://www.dibbs.bsm.dla.mil.

(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 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 935% 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.

https://www.dibbs.bsm.dla.mil/

(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.

**** Base Reference Table Below ****

The base reference price for Solicitation SPE60524R0206 is high weekly posting from the week of January 1, 2024 – January 5, 2024, as published using the OMR market report Weekly Survey from January 1, 2024 – January 5, 2024.

Offer prices for all items should be based on the reference OMR postings stated below in red:

Price Week of 01/01/2024 - 01/05/2024 / Delivery Week of 01/08/2024 – 01/12/2024

FUEL OIL TAX: 6.14 DIESEL FUEL TAX: 47.04

WEST 128.18

RHINE-MAIN 129.11

SOUTH WEST 127.92

SOUTH 129.36

TAXES 47.04

WEST 81.14

RHINE-MAIN 82.07

SOUTH WEST 80.88

SOUTH (SUD) 82.32

MOGAS TAX: 65.45

WEST 137.95

RHINE-MAIN 139.90

SOUTH WEST 135.52

SOUTH 135.18

TAXES 65.45

WEST 72.5

RHINE-MAIN 74.45

SOUTH WEST 70.07

SOUTH (SUD) 69.73

Contract prices will be updated every week, through the end of the contract period using the (high) weekly postings as published in the Oil Market Report under the heading “O.M.R. Oil Market Report - Weekly Survey”.

For Example: prices will be established for the week of January 1, 2024 – January 5, 2024, using the previous week’s

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 .

WEST 81.11

RHINE-MAIN 82.32

SOUTH WEST 82.54

SOUTH (SUD) 83.58

TAXES 6.14

WEST 74.97

RHINE-MAIN 76.18

SOUTH WEST 76.4

SOUTH (SUD) 77.44

(high) weekly postings as published in Oil Market Report - Weekly Survey for the week of January 8, 2024 – January 12, 2024.

The price published in the O.M.R. have been adjusted by deducting all taxes. The taxes deducted are as follows:

Product Code Taxes

GASOLINE, PREMIUM UNLEADED -EG 65.45 (EURO PER 100 LITERS)

DIESEL FUEL -DE 47.04 (EURO PER 100 LITERS)

FUEL OIL, BURNER #2 -46 6.14 (EURO PER 100 LITERS)

These taxes will be deducted from prices contained in subsequent O.M.R. Oil Market Report- Weekly Survey’s for the applicable week. The contractor will notify the Contracting Officer of any change in the amount of the taxes to be deducted.

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUNCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATION AND VIDEO

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services— Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it “does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services” in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

SURVELLIANCE SERVICE OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

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 ALL LINE ITEMS.

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 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through September 30, 2028.

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

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (NOV 2011)

(a) Definition. “Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

—REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”

(a) Definitions. “Covered defense telecommunications equipment or services,” “covered mission,” “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services— Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7018 https://www.sam.gov/ https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7016 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7018 https://www.sam.gov/ https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7016

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph

(b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

DFARS 252.225-7020 TRADE…