RFP SPE60525R0212_UAE.pdf

COMBINED SYNOPSIS/SOLICITATION

May 23, 2025

Part: U.S. Government Procurements

Subpart: Supplies, Equipment, and Materials

Class Code: 91 – Fuels, Lubricants, Oils and Waxes

Address of Contracting Office: Defense Logistics Agency, 8725 John J. Kingman Road, Suite 4950, Ft. Belvoir, Virginia 22060-6222, United States of America

Subject: Delivery of petroleum products to various locations in the United Arab Emirates

Solicitation Number: SPE605-25-R-0212

Questions Due: May 28, 2025 at 1:00 PM local time (Ft. Belvoir, VA)

Reponses Due: June 6, 2025 at 3:00 PM local time (Ft. Belvoir, VA)

Points of Contact: Rockelle Toler, E-mail; Rockelle.Toler@dla.mil; Phone Number: 571-302-2218

Contracting Officer Point of Contact: Augustus Patterson, Jr; E-mail: Augustus.Patterson@dla.mil; Phone Number: 571-585-1435

Web Address: http://www.energy.dla.mil

Description of Requirement: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 and 13.5, as supplemented by additional information included in this notice. This acquisition is unrestricted. This announcement constitutes as the solicitation and additional information will not be provided. Proposals are requested under Request for Proposals (RFP) SPE605- 25-R-0212 for the following:

CLIN DESCRIPTION NSN DELIVERY LOCATION

EST.

QUANTITY

(USG)

Diesel Fuel, 10 PPM Sulfur (SFD)

9140-01-556-9156

CSL Jebel Ali, UAE, PSC 905 Shed 57 Jebel Ali, AE 09837

60,012

Jebel Ali Free Zone, PSC 905 Shed 57 Jebel Ali, AE, 09837

149,976

Port of Fujairah Coast Guard Station and Port of Fujairah Gulf Agency Company Compound Port of Fujairah Fujairah, AE, 09837

108,000 mailto:Rockelle.Toler@dla.mil mailto:Augustus.Patterson@dla.mil http://www.energy.dla.mil/

SPECIAL ADMINISTRATION NOTES

1. The Government contemplates award(s) of a Fixed Price Requirements Contract with Economic Price Adjustment resulting from this combined solicitation/synopsis. The performance period for this requirement is from October 1, 2025 to September 30, 2028. Delivery FOB Destination. Offerors are advised that all three (3) CLINs will be awarded together, on an “all or none” basis under this RFP. DLA Energy may conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production, financial and quality assurance capabilities.

2. Award for this requirement will be made to the lowest-priced and technically acceptable offeror. The Government will evaluate prices as stated under B- 0001 B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET APPLICATION) (DLA ENERGY JAN 2012). Prices will be evaluated by multiplying the unit prices by the estimated quantities.

3. DLA Energy reserves the right to make the award without discussions. Any deviation from the terms, conditions, or requirements of this RFP may result in offers being determined ineligible for award.

4. Please submit offers via email to Rockelle.Toler@dla.mil, and Augustus.Patterson@dla.mil. When submitting offers, please note the RFP number SPE605-25-R-0212 in the subject line of the email. A confirmation email of receipt will be sent to you once your offer has been received. If an offeror does not receive an email confirming receipt of a proposal by DLA Energy, please call or email the contract specialist or contracting officer. Please note that the offeror assumes all risks for any delay in the transmission of their proposals.

5. Offerors submitting electronic responses to this solicitation must limit email size to 10MB for a single email.

Emails over 10MB may not be delivered because of server restriction on mail size for delivery.

6. Any offers received after the deadline will not be considered. All offerors are encouraged to review FAR 52.212-1 INSTRUCTIONS TO OFFERORS and solicitation provision L-0001 L2.11-4 EMAIL PROPOSALS.

All offerors are encouraged to submit their proposals early.

7. All prime vendors must be registered and approved in the JCCS (Joint Contingency Contracting System).

All prime vendors are required to submit their JCCS registration number with their offer. The government may reject an offer if the vendor is not registered in JCCS. All offerors must uploaded all required documents by the deadline for receipt of proposals. Awards will not be made to any vendor who is not registered and approved in JCCS. Instructions for account registration and training can be found at www.jccs.gov.

8. All vendors and subcontractors must be registered in the System for Award Management (SAM).

Instructions for account registration and training can be found at www.sam.gov. FAR 4.1102 sets forth the requirement that offerors be registered in SAM at the time an offer is submitted.

9. Offerors shall provide name, title and contact information of person(s) authorized to sign offer and negotiate with the Government in connection with this solicitation under K-00001 K33.01 AUTHORIZED

NEGOTIATORS (DLA ENERGY APR 2007).

10. FAR provision 52.212-3 Offeror Representations and Certifications-Commercial Items (DEVIATION

2025-O0003) (DEVIATION 2025-O0004) (MAR 2025). Offerors shall complete this provision in the System for Award Management (SAM). SAM is an official U.S. Government system, and all offerors are required to be registered in this system. There is NO fee to register for this site. Please provide your CAGE Code from SAM with your offer.

11. Offerors shall submit a copy of a Certificate of Analysis (COA)/Certificate of Quality (COQ) for all products offered from their supplier/refinery with their offer. The certificate of analysis should have test results of a recent (< 3 Month) batch of the required products. Please ensure that you meet the additional product http://www.jccs.gov/ http://www.sam.gov/ testing requirements indicated on Line Items 0001, 0002 and 0003. See C-16-67-2 for additional requirements for the fuel. B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET APPLICATION) (DLA ENERGY JAN 2012) under SUPPLIES, DELIVERY POINTS, AND METHOD OF DELIVERY for each Line Item). Please read Section M for technical acceptability requirements and evaluation criteria.

12. Please ensure to read additional “SPECIAL EVALUATION NOTES”, which can be found on pages 68 through 71for any other documentation and guidelines that are required.

13. Please ensure to submit a Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) sheet for the requested product(s). See clause L190.06 for additional details of this requirement.

14. Offerors must offer on all line items. An offeror that fails to offer on all products will be ineligible for award.

CLINs are not separately awardable; all (number) CLINs will be awarded together, on an all or none basis.

15. Exceptions: Any exceptions the offeror makes to the terms and conditions of the solicitation must be submitted with the offer. Offerors shall submit all exceptions taken in list format under a title “Exceptions”.

Only exceptions detailed in the offer will be treated as exceptions to the terms and conditions of the solicitation.

Any exceptions taken by the offeror will be considered by the Government and either accepted or rejected.

Exceptions that are accepted by the Government will be incorporated into any resultant contract; exceptions that are rejected by the Government must be withdrawn by the offeror or the offer will be rejected.

16. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

TABLE OF CONTENTS

FAR 52.252-1 – SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B-0001: B1.05-2 - SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET

APPLICATION) (DLA ENERGY JAN 2012)

B-0002: B19.34 - ECONOMIC PRICE ADJUSTMENT (OVERSEAS BULK) (DLA ENERGY JAN 2012)

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-0001: C16.67-2 DIESEL FUEL SPECIFICATION (SFD) (PC&S) (EUROPE) (MIDDLE EAST) (DLA

ENERGY NOV 2018)

SECTION E – INSPECTION AND ACCEPTANCE

E-0001: ENERGY QAP E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015)

E-0002: ENERGY QAP E18.01 (AUGUST 2009) SAMPLE SUBMISSION

E-0003: ENERGY QAP E21.01 POINT OF INSPECTION (DLA ENERGY JUN 2015)

E-0004: E22 - LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY

FEBRUARY 2022)

E-0005: ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) 16

E-0006: ENERGY QAP E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA

ENERGY DEC 2011)

SECTION F – DELIVERIES OR PERFORMANCE

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

F-0002: F1.09-8 - DETERMINATION OF INVOICE QUANTITY (PC&S) (MIDDLE EAST) (DLA ENERGY 18

SEP 2005)

F-0003: F3 - TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION

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

F-0004: F3.03 - NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA ENERGY

APR 2005)

SECTION G – CONTRACT ADMINISTRATION DATA

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

SECTION I – CONTRACT CLAUSES

FAR 52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION

2025-O0003) (DEVIATION 2025-O0004) (MAR 2025)

FAR 52.216-18 – ORDERING (AUG 2020)

FAR 52.216-21 – REQUIREMENTS (OCT 1995)

FAR 52.222-19 – CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2025)

FAR 52.223-3 – HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB

2021)

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

(JUN 2020)

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

DFARS 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023)

DFARS 252.223-7001 HAZARD WARNING LABELS (DEC 1991)

DFARS 252.225-7967 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS . 36

(DEVIATION 2024-O0006, REVISION 1) (FEB 2024)

DFARS 252.229-7001 TAX RELIEF—BASIC (APR 2020)

DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022)

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (OCT 2024)

C-JTSCC 5152.225-5907 MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR

CONTRACTOR EMPLOYEES OPERATING IN THE CENTCOM AREA OF RESPONSIBILITY (AOR)

(JUN 2015)

I-0001: I1.01 - DEFINITIONS (DLA ENERGY JUN 2009)

I-0004 – I190.06 MATERIAL SAFETY DATA SHEETS – COMMERCIAL ITEMS (DLA ENERGY MAR 2000)

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

OR RESPONDENTS

FAR 52.204-24 - REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

FAR 52.209-2 – PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION (NOV 2015)

FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

FAR 52.209-11 – REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

FAR 52.212-3 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (MAY 2024)

DFARS 252.204-7016 – COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (DEC 2019)

DFARS 252.204-7017 – PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES–REPRESENTATION (MAY 2021)

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

K-0001: K15 - RELEASE OF PRICES (DLA ENERGY MAR 2009)

K-0002: K33.01 - AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

K-0003: K86 - FOREIGN TAXES (DLA ENERGY NOV 2014)

K-0004: K150 - WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA

ENERGY MAY 2014)

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

FAR 52.212-1 – INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (SEP 2023)

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

FAR 52.233-2 – SERVICE OF PROTEST (SEPT 2006)

DFARS 252.204-7019 – NOTICE OF NIST SP 800–171 DOD ASSESSMENT REQUIREMENTS (NOV 2023) 63 DFARS 252.225-7966 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS—

REPRESENTATION (DEVIATION 2024-O0006, REVISION 1) (MAR 2024)

DLAD 33.103 PROTESTS TO THE AGENCY (DEC 2016)

DLAD 5452.233-9001 DISPUTES AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR)

(JUN 2020)

L-0001: L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

L-0002: L54 - SITE VISIT (DLA ENERGY OCT 1992)

L-0003: L117 - NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE

DELIVERY OF PRODUCT (PC&S) (DLA ENERGY JAN 2012)

SECTION M – EVALUATION FACTORS FOR AWARD

FAR 52.212-2 – EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

M-0001 – M3.02 EVALUATION OF OFFERS WHERE ALTERNATE ESCALATORS ARE USED (DLA

ENERGY MAR 2021)

M-0002 – M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

M-0003 – M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) . 75

ADDITIONAL CONTACTUAL TERMS AND CONDITIONS

FAR 52.252-1 – SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acq.osd.mil/dpap/dars/class_deviations.html

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS.

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

FAR 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

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

FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (OCT 2020)

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2022)

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016)

DFARS 252.215-7008 ONLY ONE OFFER (DEC 2022)

DFARS 252.215-7013 SUPPLES AND SERVICES PROVIDED BY NONTRADITIONAL DEFENSE

CONTRACTORS (JAN 2023)

DFARS 252.225-7032 WAIVER OF UNITED KINGDOM LEVIES—EVALUATION OF OFFERS (APR

2003)

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 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE

MADURO REGIME (DEVIATION 2020-O0005) (FEB 2020)

DLAD C03 - CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION

(JUN 2023)

DLAD C14 - CORRECTION OF NONCONFORMING PACKAGING OR MARKING (MAY 2020)

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B-0001: B1.05-2 - SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET

APPLICATION) (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 contract text.

(b) In an emergency, oral orders may be issued but must be confirmed in writing via a PORTS-generated order within 24 hours or one business day. See the PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS (PORTS) INTERNET APPLICATION contract text.

(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 3-year requirements.

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acq.osd.mil/dpap/dars/class_deviations.html

SUPPLIES, DELIVERY POINTS, ESTIMATED

ITEMS

AND METHOD OF DELIVERY QUANTITY OFFERED PRICE

0001 Diesel Fuel, 10 PPM Sulfur (SFD) 60,012 $ /USG

NSN: 9140-01-556-9156

Minimum SFD Flashpoint: 60°C minimum

SFD FAME Content Restriction: 0.5% v/v maximum Acceptable FAME Test Method: IP 579/ EN 14078 or

ASTM D7963

Delivery Location Name: CSL Jebel Ali, UAE Delivery Street Address: PSC 905 Shed 57 Delivery Location City: Jebel Ali (Dubai) Delivery Location Postal Code: 09837 Delivery Location Country: United Arab Emirates Delivery Location Local Time: GMT +4 Weekdays Delivery Hours: 0700 – 1800 Weekend Delivery Hours: 0700 – 1800 Closed: U.S. Federal Holidays

Annual Requirement: 20,000 U.S. Gallons Unit of Measure: UG6 – U.S. Gallons Monthly Requirement: 1,667 U.S. Gallons Initial Delivery Quantity: 1,667 U.S. Gallons Delivery Frequency: Weekly Number of Deliveries: 52 Special Access Required: Yes

Tank Capacity: 5,000 U.S. Gallons Tank Type: Above Ground Tank(s) # Tanks: 2

Mode of Delivery (MoD): TTWP – Tank Truck w/ Pump & Meter Metered delivery tickets required: Yes Equipment (GFE) and Services Requested: Size: 2”;

Hose (length): 15

Additional Delivery Notes:

a) Access Request must be submitted with vehicle and driver information. Drivers must have updated biometrics on file. Driver and vehicle information must match, you can't send a driver in a different vehicle.

b) Drivers must have proper spill response kits and proper PPE to deliver fuel. POC will change annually. Telephone is the best way to contact on site personnel because email addresses change.

c) Delivery Contact Name, Telephone Number, and Email: ENCS Edward Sili // email edward.m.sili.mil@us.navy.mil, Cell phone: +1424 672 0001 mailto:edward.m.sili.mil@us.navy.mil

ITEMS AND METHOD OF DELIVERY QUANTITY OFFERED PRICE

149,976

$ /USG

NSN: 9140-01-556-9156

Minimum SFD Flashpoint: 60°C minimum

SFD FAME Content Restriction: 0.5% v/v maximum Acceptable FAME Test Method: IP 579/ EN 14078 or

ASTM D7963

Delivery Location Name: Jebel Ali Free Zone Delivery Street Address: PSC 905 Shed 57 Delivery Location City: Jebel Ali Delivery Location State: AE Delivery Location Postal Code: 09837 Delivery Location Country: United Arab Emirates Delivery Location Local Time: 1(UTC+04:00) Abu Dhabi, Muscat Delivery Day(s): Monday-Sunday Weekdays Delivery Hours: 0700 – 1800 Weekend Delivery Hours: 0800-1600

Annual Requirement: 50,000 U.S. Gallons Unit of Measure: UG6 – U.S. Gallons Monthly Requirement: 4,166 U.S. Gallons Special Access Required: Yes Tank Capacity: 2,000 U.S. Gallons Tank Type: Above Ground Tank(s) # Tanks: 1

Mode of Delivery (MoD): TTWP – Tank Truck w/ Pump & Meter Metered delivery tickets required Multiple delivery tickets required Equipment (GFE) and Services Requested: Hose (length): 30M

Request services for our 34PB craft to receive diesel fuel in the Jebel Ali Free Zone Area Compound.

Boat types include 5.9L & 6.7L Cummins engines on 34' patrol boats. Multiple boats may need to be filled on any given day with random amounts of diesel fuel. Approximate requirements are 4000 gallons a month. Quantity and periodicity of refills depend on mission workload. There are 6 boats, and each has a fuel tank with 200-gallon capacity.

a) Ordering Contact Name, Telephone Number, and Email: LT Mariel Gatbonton, +971 50 835 5923, mariel.sgatbonton.mil@us.navy.mil.

b) Delivery Contact Name, Telephone Number, and Email: ENC David Burton, +971 50 837 0937, david.m.burton36.mil@us.navy.mil.Vendor must coordinate with Delivery POC or Ordering POC.

c) Delivery Method: Directly into above ground fuel tank (1-2,000 Gals) via Tank Truck w/ Pump and Meter and 30M hose.

d) Delivery Location: Jebel Ali Free Zone Area Shed 57, United Arab Emirates. A copy of the fuel laboratory test results for the current month must be provided with each fuel delivery. 48 hours prior notification must be sent by email. Phone and email availability required for notification.

ITEMS AND METHOD OF DELIVERY QUANTITY OFFERED PRICE

0003 Diesel Fuel, 10 PPM Sulfur (SFD)

NSN: 9140-01-556-9156

108,000 $ /USG

Minimum SFD Flashpoint: 60°C minimum

SFD FAME Content Restriction: 0.5% v/v maximum Acceptable FAME Test Method: IP 579/ EN 14078 or ASTM D7963

Delivery Location Name:

Port of Fujairah Coast Guard Station and Port of Fujairah Gulf Agency Company Compound Delivery Street Address: Port of Fujairah Delivery Location City: Fujairah Delivery Location State: AE Delivery Location Postal Code: 09837 Delivery Location Country: United Arab Emirates Delivery Location Local Time: 1(UTC+04:00) Abu Dhabi, Muscat Delivery Day(s): Monday – Friday Weekdays Delivery Hours: 0700 – 1800 Weekend Delivery Hours: 0800 – 1400

Annual Requirement: 36,000 U.S. Gallons Unit of Measure: UG6 – U.S. Gallons Monthly Requirement: 3,000 U.S. Gallons Special Access Required: Yes

Tank 1 Information:

Tank Capacity: 2,000 U.S. Gallons Tank Type: Above Ground Tank(s) Number of Tanks: 1 Tank Location: Port of Fujairah Coast Guard Station

Mode of Delivery (MOD): TTWP – Tank Truck w/ Pump & Meter Equipment (GFE) and Services Requested: Hose (length):10M Metered delivery tickets required: Yes Multiple delivery tickets required: Yes

Request services for our 34PB craft to receive diesel fuel in the POF Coast Guard Station. Boat types include 5.9L & 6.7L Cummins engines on 34' patrol boats. Multiple boats may need to be filled on any given day with a random amounts of diesel fuel. Approximate requirements are 1000 gallons a month when operating in the vicinity of Coast Guard Station. Quantity and periodicity of refills depend on mission workload. There are 6 boats and each has a fuel tank with 200 gallon capacity.

a) Ordering Contact Name, Telephone Number, and Email: LT Mariel Gatbonton, +971-50 835 5923, mariel.s.gatbonton.mil@us.navy.mil.

b) Delivery Contact Name, Telephone Number, and Email: ENC Juan Gomez, +971-58 538 7344, juan.cgomez79.mil@us.navy.mil. Vendor must coordinate with Delivery POC or Ordering POC.

c) Delivery Method: Directly into above ground fuel tank (1-1,000 Gals) @ POF Coast Guard Station via Tank Truck w/ Pump and Meter and 10M hose. Delivery into above ground fuel tank (1-500 Gals) @ POF Gulf Agency Company Compound via Tank Truck w/ Pump and Meter and 10M hose.

d) Delivery Location: POF Coast Guard Station, United Arab Emirates. POF Gulf Agency Company Compound, United Arab Emirates. A copy of the fuel laboratory test results for the current month must be provided with each fuel delivery. 48 hours prior notification must be sent by email. Phone and email availability required for notification.

Tank 2 Information:

Tank Capacity: 500 U.S. Gallons Tank Type: Above Ground Tank(s) Number of Tanks: 1 Tank Location: Port of Fujairah Gulf Agency Company Compound Mode of Delivery (MOD): TTWP – Tank Truck w/ Pump & Meter Equipment (GFE) and Services Requested: Hose (length): 10M

Request services for our 34PB craft to receive diesel fuel in the POF Coast Guard Station. Boat types include 5.9L & 6.7L Cummins engines on 34' patrol boats. Multiple boats may need to be filled on any given day with a random amounts of diesel fuel. Approximate requirements are 1000 gallons a month when operating in the vicinity of Coast Guard Station. Quantity and periodicity of refills depend on mission workload. There are 6 boats and each has a fuel tank with 200 gallon capacity. Request services for our diesel generators at the POF Gulf Agency Company Compound. Multiple generators may need to be utilized on any given day with random amounts of diesel fuel. Approximate requirements are 2000 gallons a month.

a) Ordering Contact Name, Telephone Number, and Email: LT Mariel Gatbonton, +971-50 835

5923, mariel.s.gatbonton.mil@us.navy.mil.

b) Delivery Contact Name, Telephone Number, and Email: ENC Juan Gomez, +971-58 538 7344, juan.cgomez79.mil@us.navy.mil. Vendor must coordinate with Delivery POC or Ordering POC.

c) Delivery Method: Directly into above ground fuel tank (1-1,000 Gals) @ POF Coast Guard

Station via Tank Truck w/ Pump and Meter and 10M hose. Delivery into above ground fuel tank (1-500 Gals) @ POF Gulf Agency Company Compound via Tank Truck w/ Pump and Meter and 10M hose.

d) Delivery Location: POF Coast Guard Station, United Arab Emirates. POF Gulf Agency Company Compound, United Arab Emirates. A copy of the fuel laboratory test results for the current month must be provided with each fuel delivery. 48 hours prior notification must be sent by email. Phone and email availability required for notification.

By signing below, offeror agrees to all terms and conditions of this solicitation.

NAME OF SIGNATORY (TYPE OR PRINT):____________________________________________________ OFFEROR SIGNATURE: __________________________________________ DATE: ________________

B-0002: B19.34 - ECONOMIC PRICE ADJUSTMENT (OVERSEAS BULK) (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--mailto:mariel.s.gatbonton.mil@us.navy.mil

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

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

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

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

(2) Reference price means the market price indicator set forth in the Table in (f) below with which the base unit price is to fluctuate. NOTE: The term market price indicator will be referred to hereafter as “reference price” in this contract text.

(3) Date of delivery is defined as follows:

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

(c) ADJUSTMENTS.

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

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

(3) An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on and after the effective date of the price change as stated in the publication.

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

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

(6) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment contract texts shall not exceed 473 percent of the award price, except as provided hereafter.

(i) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract text will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.

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

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

(ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions--the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder.

The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

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

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

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

(f) TABLE.

I II III IV V VI VII

Name of If company - Reference Maximum i company/ name of product; Method of price payable publication If publication - delivery as of this contract (identify heading under applicable 1 March 2025

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

0001 Platts

Gasoil Diesel Fuel, 10 PPM Sulfur (SFD)

Arab Gulf Cargo $2.115762 See Paragraph

(6) above

0002 Platts Gasoil

Diesel Fuel, 10 PPM Sulfur (SFD)

Arab Gulf Cargo $2.115762 See Paragraph

(6) above

0003 Platts Gasoil

Diesel Fuel, 10 PPM Sulfur (SFD)

Arab Gulf Cargo $2.115762 See Paragraph

(6) above

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-0001: C16.67-2 DIESEL FUEL SPECIFICATION (SFD) (PC&S) (EUROPE) (MIDDLE EAST) (DLA

ENERGY NOV 2018)

NATIONAL STOCK

NUMBER

PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9140-01-556-9156 Diesel Fuel SFD

Supplies delivered under this contract shall conform to all National environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The list of such requirements contained in this contract is not intended to be a complete list and the Contractor shall be responsible for determining the existence of all such requirements. In the event that a National environmental requirement is more stringent than a specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered a nonconforming supply.

Product(s) supplied shall fully meet the requirements of the applicable specification(s) as cited below.

Product shall conform to the latest revision of commercial specification EN 590. Product shall be visually free of undissolved water, sediment, and suspended matter. Product classification is shown above. Maximum sulfur content, as stated in EN 590, is 10 mg/kg (0.0010 wt%).

a) FOR LOCATIONS IN KOSOVO:

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

i. Color: ISO 2049/ASTM D1500

ii. Acid Number: ISO 6618/ASTM D974

(2) In addition to the EN 590 specification requirement for water content of 200 mg/kg or ppm (0.0200 wt%) maximum, and particulate content of 24 mg/kg or ppm (0.0024 wt%) maximum, the diesel fuel shall have a maximum haze rating of 2 when tested in accordance with ASTM D4176, Procedure 2. In case of dispute, the haze rating shall be determined at 25 °C (77 °F) with a maximum haze rating of 2 and shall contain no more than 24 mg/kg (0.0024 wt%) sediment and no more than 200 mg/kg (0.0200 wt%) water.

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

EN 590.

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

EN 590.

b) FOR LOCATIONS IN AFGHANISTAN:

Diesel fuel delivered to all locations in Afghanistan shall meet the Grade E, - 15°C maximum cold filter plugging point, as detailed in EN 590 Section 5.6.1, Table 2 – Climate Related Requirements and Test Methods – Temperate Climates.

c) FOR ALL LOCATIONS:

Written exception(s) or deviation(s) must be submitted to DLA Energy contracting officer if the Contractor is unable to meet any of the characteristic requirements of the above listed specification(s). Exception(s) and/or deviation(s) must state the reason why the contractor is unable to meet requirements, if this will be for the entirety of the performance period, if it is source specific, the Contractor’s course of action on how they plan on resolving this issue, and any proposed changes to specification requirement limit(s) for that product

SECTION E – INSPECTION AND ACCEPTANCE

E-0001: ENERGY QAP E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015)

(a) For f.o.b. origin contract items, acceptance of the supplies furnished hereunder shall take place at origin.

(b) For f.o.b. destination contract items, acceptance of the supplies furnished hereunder shall take place at destination

(c) Acceptance shall take place as stated above, unless specifically stated otherwise in the contract.

E-0002: ENERGY QAP E18.01 (AUGUST 2009) SAMPLE SUBMISSION

The Contractor shall furnish hereunder, from time to time, samples of each product or grade of product to be furnished under this contract at the request of, and in the manner and to the place designated by, the Quality Representative; PROVIDED, however, that in no event shall the Contractor be required to furnish during the period of this contract more than five 1-gallon samples under each contract line item. Such samples shall be furnished without charge to the Government and shall be packed, marked, and shipped by the Contractor, shipping expense prepaid, in containers and shipping boxes furnished by the Contractor.

E-0003: ENERGY QAP E21.01 POINT OF INSPECTION (DLA ENERGY JUN 2015)

(a) This Energy QAP applies to the Bulk Fuel, Bulk FSII, Bulk Lube Oil and Posts, Camps, and Stations Programs.

(b) When government inspection is deemed necessary, it shall be performed, prior to acceptance, by the office specified in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or the QUALITY REPRESENTATIVE Energy QAP of this contract, whichever is applicable.

(1) For f.o.b. origin contract items, inspection will normally be performed at origin, however, the

Government reserves the right to perform an inspection at any point prior to acceptance.

(2) For f.o.b. destination contract items, inspection will normally be performed at destination, however, the Government reserves the right to perform an inspection at any point prior to acceptance.

(3) For f.o.b. destination contract items for aviation fuels delivered via waterborne transport, pipeline, rail car, tank truck, tank wagon and Bulk Fuel Container (BFC) and non-aviation fuels delivered by waterborne transport, a preliminary inspection for product quality will normally be performed at origin, with final inspection normally being at destination. However, the Government reserves the right to perform an inspection at any point prior to acceptance.

(4) On contract items for delivery of drummed or packaged products, f.o.b. origin or f.o.b. destination, a preliminary inspection for product quality will normally be performed at the point of manufacturing or blending, with final inspection normally being at the f.o.b. point. However, the Government reserves the right to perform an inspection at any point prior to acceptance.

(c) When the Contractor is informed by the responsible Inspection Office that government inspection is deemed necessary, the Contractor shall ensure that the Inspection Office is provided with sufficient information and advance notification to facilitate such inspection. When government inspection is necessary at a contractor or subcontractor (commercial or government) facility, the Contractor shall notify the Inspection Office of the necessary requirements to access those facilities and shall help facilitate such access. After initial notification, the Contractor shall keep the Inspection Office informed of any changes that may affect that inspection.

E-0004: E22 - LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY FEBRUARY

2022)

The following lists shall be used to identify the Government inspection office assigned inspection and/or acceptance responsibility for DLA Energy contracts in a particular geographic area. These contracts include, but are not limited to, those for bulk petroleum products and additives, into-plane refueling, petroleum storage and laboratory services, coal, aerospace energy (including compressed gases), and posts, camps, and stations. The area of inspection responsibility and corresponding office code are assigned in paragraphs (a) and (b). The address and phone number of each inspection office, by office code, is provided in paragraph (c). Unless a particular inspection office is identified in another part of the contract, the assignments in this QAP shall apply.

(a) AREAS OF RESPONSIBILITY AND OFFICE CODES WITHIN THE CONTINENTAL UNITED STATES

(CONUS):

Alabama 110 Maine 110 Oklahoma 110 Arizona 120 Maryland 110 Oregon 120 Arkansas 110 Massachusetts 110 Pennsylvania 110 California 120 Michigan 110 Rhode Island 110 Colorado 120 Minnesota 110 South Carolina 110 Connecticut 110 Mississippi 110 South Dakota 110 Delaware 110 Missouri 110 Tennessee 110 District of Columbia 110 Montana 120 Texas 110 Florida 110 Nebraska 110 Utah 120 Georgia 110 Nevada 120 Vermont 110 Idaho 120 New Hampshire 110 Virginia 110 Illinois 110 New Jersey 110 Washington 120 Indiana 110 New Mexico 120 West Virginia 110 Iowa 110 New York 110 Wisconsin 110 Kansas 110 North Carolina 110 Wyoming 120 Kentucky 110 North Dakota 110 Louisiana 110 Ohio 110

EXCEPTIONS:

(1) The El Paso, Texas, area is assigned to Code 120 (DLA Energy Americas – West).

(2) The Newcastle, Wyoming, area is assigned to Code 110 (DLA Energy Americas – East).

(b) AREAS OF RESPONSIBILITY AND OFFICE CODES OUTSIDE THE CONTINENTAL UNITED STATES

(OCONUS) (INCLUDING ALASKA AND HAWAII):

Afghanistan 400 Cyprus 200 Malaysia 300 Singapore 300 Africa 2003 Egypt 4003 Maldives 300 South America 110 Alaska 130 Europe (Continental) 200 Malta 200 South Korea 300 Antarctica 300 Georgia 200 Mauritius 200 Sri Lanka 300 Armenia 200 Greenland 200 Mexico 110 Syria 400 Ascension Island 110 Hawaiian Islands 300 Midway Island 300 Taiwan 300 Australia 300 Hong Kong 300 Mongolia 300 Tajikistan 400 Azerbaijan 200 Iceland 200 Myanmar 300 Thailand 300 Azores 200 India 300 Nepal 300 Turkey 200

Bahrain 400 Indonesia 300 New Zealand 300 Turkmenistan 400 Bangladesh 300 Ireland 200 North Korea 300 United Arab Bermuda 110 Iran 400 Oman 400 Emirates 400 Bhutan 300 Iraq 400 Pacific Islands United Kingdom 200 Brunei 300 Israel 200 (Central & South) 300 Uzbekistan 400 Cambodia 300 Japan 300 Pakistan 400 Vietnam 300 Canada 110/1204 Jordan 400 Papua New Guinea 300 Wake Island 300 Canary Island 200 Kazakhstan 400 Philippines 300 Yemen 400 Caribbean Islands 110 Kuwait 400 Qatar 400 Central America 110 Kyrgyzstan 400 Russia 200 Chagos Archipelago 300 Laos 300 Ryukus Islands, Japan 300 China 300 Lebanon 400 Saudi Arabia 400 Comoros 200 Madagascar 200 Seychelles Is. 200

EXCEPTION

3 Except for Egypt, which is assigned to DLA Energy Middle East (Code 400), all other countries in Africa fall under DLA Energy Europe (Code 200).

4 For Canada locations, contact DLA Energy Americas East (Code 110) to confirm converage.

(c) INSPECTION OFFICES AND CODES.

110. DLA Energy Americas East ATTN: Quality Manager 5

Federal Building, Room 1005 2320 LaBranch Street Houston, TX 77004-1091 Phone: (713) 332-4113

FAX: (713) 718-3891

120. DLA Energy Americas West ATTN: Quality Manager 5

3171 N Gaffey Street San Pedro, CA 90731-1099 Phone: (424) 347-3101/3102

FAX: (424) 347-3120

200. DLA Energy Europe and Africa

Military Mailing Address:

DLA Energy Petroleum Lab ATTN: Quality Manager 5

CMR 422

APO AE 09067-0422

Phone: 49-631-3406-2285/2286 6

FAX: 49-631-3406-2289 6

Commercial Shipping Address:

DLA Energy Petroleum Lab ATTN: Quality Manager Bldg. 320, Rhine Ordinance Barracks Am Opelkreisel 67663 Kaiserslautern, Germany

300. DLA Energy Indo-Pacific ATTN: Quality Manager 5

Bldg. 1700, Room 21

APO AP 96543

Phone: (671) 366-7762

FAX: (671) 366-7767

[Location: Guam]

400. DLA Energy Middle East

ATTN: Quality Manager 5

PSC 851, Box 180

FPO AP 09834-2800

Phone: 973-17-85-6493 6

FAX: 973-17-85-4650 6

[Location: Bahrain]

5 Designated location of the DLA Energy Regional Quality Manager/Pre-Award Survey Monitor

6 Dial 011 before these numbers when calling from the U.S. When calling these numbers from outside the U.S. When calling these numbers from outside the U.S., use the appropriate international long- distance prefix for the country where the call originates.

E-0005: ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC

2011)

a) DEFINITION: As used in this contract provision:

Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract.

Extraordinary situation means the matter cannot await resolution until the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded).

Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method. Approval is on a case-by-case basis and is normally for a set period of time.

b) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

c) The following procedures shall be used to request a deviation or waiver.

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or QUALITY REPRESENTATIVE contract provision of this contract. Each request shall provide the following information: Contractor name; name and contact information of the contractor’s authorized negotiator; contract number; contract line item number and product nomenclature, clause or contract provision number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and an agreement to pay an equitable price reduction, estimated and proposed by DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy relative to approval of the deviation or waiver.

(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420.

(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS contract provision of this contract.

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

Government reinspection or retest, if necessary.

(5) If a deviation or waiver is granted modifying this contract, but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $1000, a second contract modification shall be issued reducing the Contractor's obligation to $1000 (the administrative cost of issuing the two required modifications), plus, if appropriate, any cost of Government reinspection or retest performed as a result of the deviation or waiver being granted.

d) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES – FIXED-PRICE, INSPECTION OF SERVICES – FIXED PRICE, or CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS contract provision, then in no event will consideration be less than $500 to cover administrative costs. This $500 fee is in addition to—

(6) Consideration commensurate with the extent of nonconforming supplies; and

(7) Cost of Government reinspection or retest, if necessary.

The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.

e) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency, resulting from the delivery of nonconforming supplies under a DLA Energy contract.

f) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, but not limited to, rejecting the supplies or services whenever feasible and documenting the Contractor's performance records.

E-0006: ENERGY QAP E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA

ENERGY DEC 2011)

(a) SOURCE RESTRICTION.

(1) If the Contractor delivers any product that is determined to be off-specification, the Contracting Officer (CO) shall thereafter have the right, upon giving written notice, to require the Contractor to designate a single source of supply for each destination set forth in the contract. Upon receiving such notice, the Contractor shall have 10 days to respond, in writing, after which time the source restriction will become effective.

(2) In addition to the name of a single source of supply, the Contractor…