RFP-SPE60524R0207 Combo Solicitation-Puerto Rico.pdf

COMBINED SYNOPSIS/SOLICATION

SPE60524R0207

INFORMATION TO OFFERORS

COVER SHEET

Combined Synopsis/Solicitation

SOLICITATION NUMBER: SPE60524R0207

(PUERTO RICO, POSTS, CAMPS & STATIONS (PC&S) PPN 3.11).

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-FEPBB

Monica Johnson & Lawrence E. Watson

8725 John J. Kingman

Road, Suite 3938

Ft. Belvoir, VA 22060-6222

RESPONSES DUE: JULY 26, 2024, 4:30 PM, Eastern Standard Time (EST)

ORDERING PERIOD: Date of Award through September 30, 2028

DELIVERY PERIOD: 48 Hours after the Date of Award through

October 31, 2028 (30 days after end of ordering period)

ITEMS TO BE PURCHASED:

VARIOUS FUEL PRODUCTS DISTILLATES AND RESIDUALS FOR

Department of Defense and Federal Civilian Agencies on the Island of

Puerto Rico.

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

MONICA JOHNSON LAWRECNE E. WATSON

(571) 767-0791 (571) 767-9546

MONICA.JOHNSON@DLA.MIL LAWRENCE.WATSON@DLA.MIL

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

ADDITIONAL INFORMATION: SEE NOTES AND ATTACHED PAGES

mailto:MONICA.JOHNSON@DLA.MIL mailto:LAWRENCE.WATSON@DLA.MIL

SPECIAL INSTRUCTIONS FOR OFFERORS

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

2. This solicitation No. SPE60524R0207 is issued as a request for proposal (RFP). Submit written offers only, oral offers will not be accepted.

3. This solicitation document incorporates provisions and clauses, those in effect through Federal Acquisition

Circular (FAC) 2024-05 effective as of May 22, 2024, Defense Federal Acquisition Regulation Supplement

(DFARS) change date April 25, 2024, 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. The following Contract Line Items (CLINS) is being solicited and will be awarded All-or-None. The lowest price will be determined by evaluating requirement by locations on an all or none basis. All solicited line-item(s) for each location identified will be evaluated and awarded independently unless in a group. In particular multiple line-items for a single location/site will be awarded on an all or none competitive basis or as a group. The requirement(s) will be awarded to the technically acceptable offeror with the lowest overall extended price for each group. Items not included in a group will be awarded independently at the item level. The six-month extension provision I209.09 will be evaluated for each line item by multiplying the offered unit price against an estimated quantity for the six-month period. Evaluation of options does not obligate the Government to exercise options.

5. This procurement is being issued as a Total Small Business SET-ASIDE. North American Industrial

Classification Standard (NAICS): 324110 Small Business Size Standard: 1500 employees or refining no more than 200,000 barrels per calendar day.

6. Period of Performance: Award Date through October 31, 2028. Delivery shall be FOB destination; (See

Narrative Detail in Attachment A - Schedule by Line item).

7. 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.

8. 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 US

Gallon. format.

9. 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.

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

11. Offers are due: July 26, 2024, no later than 4:30 P.M. Eastern Standard Time. Offers must be completed and signed proposals shall be submitted via Offer Entry Tool (OET). All amendments to this combined synopsis/solicitation must be signed and uploaded to OET.

Please see Attachment D – AMPS Role Guide and

Attachment E- Requesting the OET Vendor Role in AMPS Guide

Attachment F - PCS OET Vendor Guide

NOTE: This is an open continuous solicitation with successive closing dates. The first closing date is July 26, 2024, no later than 4:30 P.M. Eastern Standard Time and is for the 42 Line Items contained in this first closing. Solicitation SPE60524R0207 has a performance period of Date of Award through October 31, 2028.

The Government anticipates receiving new requirements throughout the performance period. Therefore, solicitation

SPE60524R0207 will remain open until August 31, 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.

12. Telephonic (oral) questions Will Not be addressed. Offerors may submit questions in writing, via email to Monica

Johnson, monica.johnson@dla.mil, and Lawrence Watson, lawrence.watson@dla.mil No Later Than 1:00 p.m.

EST July 12, 2024. 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.

13. 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.

14. 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.

15. 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.

16. The clause FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023), applies to this acquisition.

17. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Products and Commercial Services (MAR 2024) 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.

18. The FAR and DFARS clauses identified below 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 CLAUSES INCORPORATED BY REFERENCE

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 mailto:monica.johnson@dla.mil mailto:lawrence.watson@dla.mil 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 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 & Conditions–Commercial Products and Commercial

Services Nov 2023

FAR 52.212-5

Contract Terms & Condition Required to Implement Statues or

Executive Order Commercial Products and Commercial Services Mar 2024

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

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 52.216-18 Ordering Aug 2020

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 52.232-39 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 https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

CLAUSE

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 252.225-7031 Secondary Arab Boycott of Israel Jun 2005

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 252.225-7966

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 252.226-7001

Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns. Jan 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 252.232-7010 Levies on Contract Payments Dec 2006

DFARS 252.243-7002 Requests for Equitable Adjustment Dec 2022

DFARS 252.244-7000 Subcontracts For Commercial Products or Commercial Services Nov 2023

DFARS 252.246-7003 Notification of Potential Safety Issues. Jan 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 252.247-7022 Representation of Extent of Transportation by Sea Jun 2019

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 C -

Quality Assurance Provisions C-QAPS & E-QAPS for the full text of these clauses:

DLA ENERGY QAP C16.08-1 TURBINE FUEL, AVIATION (JET A) JUL 2022

DLA ENERGY QAP C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) JUN 2021

DLA ENERGY QAP C16.69-3 GASOLINE AUTOMOTIVE, UNLEADED, PREMIUM (MUP) JUN 2017

DLA ENERGY QAP C16-69-11 DIESEL FUEL SPECIFICATION (PC&S) DEC 2016

DLA ENERGY QAP C16-69-12 DIESEL FUEL SPECIFICATION (PC&S) DEC 2016

DLA ENERGY QAP E1 CONTRACTOR INSPECTION RESPONSIBILITIES MAR 2022

DLA ENERGY QAP E12 POINT OF ACCEPTANCE JUL 2015

DLA ENERGY QAP E18.01 SAMPLE OF 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 (PS&S) DEC 2011

DLA ENERGY QAP E40.01 MIRR WAWF ERR (BULK FUEL DIRECT DELIVERY) JUL 2014

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

B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC 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) If any gasoline items are included in this document, they may require oxygenated fuel as a result of changes in environmental laws. See the SPECIFICATIONS (CONT'D) (Puerto Rico) contract text for a listing of counties, cities, and townships that require oxygenated gasoline during the period listed.

(e) 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.

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY

The following is a description of requirements for the items/supplies to be acquired:

Line Item National Stock Number Product Description Estimated

Quantity (Gallons) 0001 9140-01-524-0139 DIESEL FUEL 192,000

0002 9140-01-524-0139 DIESEL FUEL 100,000

0004 9140-00-359-2026 TURBINE FUEL,

AVIATION

1,833,000

0005 9130-00-148-7103 GASOLINE

AUTOMOTIVE

24,800

0006 9140-01-524-0139 DIESEL FUEL 10,000

0007 9140-01-524-0139 DIESEL FUEL 40,000

0008 9140-01-541-6760 DIESEL FUEL 30,000

0009 9130-00-148-7103 GASOLINE

AUTOMOTIVE

42,000

0010 9140-01-152-0139 DIESEL FUEL 322,000

0011 9140-01-524-0139 DIESEL FUEL 28,000

0012 9140-01-524-0139 DIESEL FUEL 24,000

0013 9140-01-524-0139 DIESEL FUEL 76,000

0014 9140-01-524-0139 DIESEL FUEL 10,000

0015 9140-01-524-0139 DIESEL FUEL 22,000

0016 9140-01-524-0139 DIESEL FUEL 80,000

0017 9130-00-148-7103 GASOLINE

AUTOMOTIVE

292,000

0018 9130-00-148-7103 GASOLINE

AUTOMOTIVE

198,000

0020 9140-01-541-6760 DIESEL FUEL 81,000

0021 9140-01-524-0139 DIESEL FUEL 32,000

0022 9140-01-541-6760 DIESEL FUEL 18,000

0023 9140-01-541-6760 DIESEL FUEL 12,000

0024 9130-00-148-7103 GASOLINE

AUTOMOTIVE

15,000

0025 9140-01-524-0139 DIESEL FUEL 40,000

0026 9140-01-524-0139 DIESEL FUEL 40,000

0027 9140-01-524-0139 DIESEL FUEL 10,000

0028 9140-01-524-0139 DIESEL FUEL 40,000

0029 9140-01-524-0139 DIESEL FUEL 97,000

0030 9140-01-524-0139 DIESEL FUEL 13,000

0031 9140-01-524-0139 DIESEL FUEL 95,000

0032 9130-00-148-7104 GASOLINE

AUTOMOTIVE

44,000

0033 9130-00-148-7103 GASOLINE

AUTOMOTIVE

25,000

0034 9140-01-524-0139 DIESEL FUEL 44,000

0037 9130-00-148-7103 GASOLINE

AUTOMOTIVE

23,000

0038 9140-01-524-0139 DIESEL FUEL 263,000

0039 9140-01-524-0139 DIESEL FUEL 18,000

0040 9140-01-524-0139 DIESEL FUEL 33,000

0041 9130-00-148-7103 GASOLINE

AUTOMOTIVE

30,000

0042 9130-00-359-2026 TURBINE FUEL

AVIATION

2.058.000

0043 9140-01-524-0139 DIESEL FUEL 33,000

0044 9140-01-524-0139 DIESEL FUEL 142,000

0045 9130-00-148-7103 GASOLINE

AUTOMOTIVE

3,750,000

9130-00-148-7104 GASOLINE

AUTOMOTIVE

750,000

Total Quantity (Gallons) 11,029,800

B19.19 ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT PRICE, POST, CAMP AND STATION

(PC&S) (JUNE 2017)

(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 daily in accordance with the wording of this contract text.

(b) Definitions: As used throughout this contract text, the term--

(1) Base price means—

(i) The unit price offered for an item and included in the contract award schedule; or

(ii) During any subsequent program year, either the effective contract price as of the start of the subsequent program year, or the price agreed upon as of the start of the subsequent program year.

(2) Base reference price means the reference price for an item as published on March 11, 2024. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the reference price for an item as published on the date nearest in time prior to the date shown.

(3) Reference price means that published reference price or combination of published reference prices for price adjustment of individual items by product, market area, and publication as specified in (f) below.

(4) Date of delivery means—

(i) For tanker or barge deliveries.

(A) Free on board (f.o.b.) origin: The date and time vessel commence loading.

(B) F.o.b. destination: The date and time vessel commence discharging.

(ii) For all other types of deliveries: The date product is received on a truck-by-truck basis.

(5) Published means issued in either printed or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the price set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail unless otherwise specified in (c) below.

(c) Adjustments: Contract price adjustments shall be provided via notification through contract modifications and/or posting to the web page under the heading Vendor Resources and then Product Price Adjustments to reflect any price change pursuant to this contract text.

(1) Calculations: The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fraction thereof, that the daily reference price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places.

Oil price information service (OPIS): For all items employing OPIS, the reference price in effect on the date of delivery shall be the end of day OPIS rack average effective (6:00 p.m. timestamp) that day. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

Other publications: Except for items employing OPIS, the reference price in effect on the date of delivery shall be that item's preselected reference price that is in effect the date of delivery. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

(2) Revision of published reference price: In the event—

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

(ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the reference price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract.

(3) Failure to deliver: Notwithstanding any other wording of this contract text, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the

Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions - Commercial Items clause of this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(4) Upward ceiling on economic price adjustment: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment texts shall not exceed 935 percent (%) of the of the base price in any applicable program year, except as provided below.

If at any time the Contractor has reason to believe that within the near future a price adjustment under the wording 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 an appropriate explanation and documentation as required by the Contracting Officer.

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.

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

(e) Final invoice: The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract text.

(f) Publications. The following publication(s) is (are) used: Publications/Escalators can be found in Attachment B

- Base Reference Price and Escalators.

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

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 TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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.

(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 52.217-6 OPTION FOR INCREASED QUANTITY

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The

Contracting Officer may exercise the option by written notice to the Contractor within _30 Days____ [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

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.

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

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).

(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).

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

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE—BASIC (NOV 2014)

(a) Definitions. “Designated country end product,” “nondesignated country end product,” “qualifying country end product,” and “U.S.-made end product” as used in this provision have the meanings given in the Trade

Agreements—Basic clause of this solicitation.

(b) Evaluation. The Government—

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal

Acquisition Regulation Supplement; and

(2) Will consider only offers of end products that are U.S.-made, qualifying country, or designated country end products unless—

(i) There are no offers of such end products;

(ii) The offers of such end products are insufficient to fulfill the Government’s requirements; or

(iii) A national interest waiver has been granted.

(c) Certification and identification of country of origin.

(1) For all line items subject to the Trade Agreements—Basic clause of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in paragraph (c)(2) of this provision, is a

U.S.-made, qualifying country, or designated country end product.

(2) The following supplies are other nondesignated country end products:

(Line-Item Number) (Country of Origin)

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

AND TANK WAGON (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 thana 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

150gallons) 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.

F1.09-2 DETERMINATION OF INVOICE QUANTITY (PC&S) (DLA ENERGY JAN 2012)

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

(1) F.O.B. DESTINATION.

(i) DELIVERIES BY TANKER OR BARGE.

(A) On items requiring delivery on an f.o.b. destination basis by tanker or barge, the quantity shall be determined on the basis of--

(1) Calibrated meters…