SF 1449_SPE60522R0214.pdf

Purchase Program 1.8L Benelux SPE605-22-R-0214

BENELUX 1.8L POSTS, CAMPS AND STATIONS (PC&S) INFORMATION TO OFFERORS

COVER SHEET

COMBINED SYNOPSIS/SOLICITATION: SPE605-22-R-0214

PART: U.S. Government Procurements

SUBPART: Supplies, Equipment, and Material

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

PERIOD OF PERFORMANCE:

October 1, 2022 through September 30, 2027

ISSUING OFFICE:

Defense Logistics Agency (DLA) Energy

ATTN: DLA ENERGY-FEPCB

8725 John J. Kingman Road, Suite 4950 Fort Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

AVIATION FUEL, DIESEL FUEL, AND GASOLINE FOR DEPARTMENT OF DEFENSE IN BELGIUM,

NETHERLANDS, AND LUXEMBOURG.

DLA ENERGY POINTS OF CONTACT FOR INFORMATION:

JOHN PARSON JERRY CLARK-JUNEAU

benelux2022@dla.mil benelux2022@dla.mil

WEB ADDRESS: https://www.dla.mil/Energy

PROPOSAL DUE DATE AND TIME: AUGUST 15, 2022, 3:00 PM, FORT BELVOIR, VA TIME

mailto:benelux2022@dla.mil mailto:benelux2022@dla.mil http://www.dla.mil/Energy

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0092668429

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE605-22-R-0214

5. SOLICITATION NUMBER

2022 JUL 15

6. SOLICITATION ISSUE

DATE

Tonya Sterling FPL1431

a. NAME

Phone: 571-767-9561

b. TELEPHONE NUMBER (No Collect calls)

2022 AUG 15

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE605

DLA ENERGY

POST, CAMPS, AND STATIONS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

324110NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

SPECIAL INSTRUCTIONS FOR OFFERORS

I. GENERAL INFORMATION

A. REGULATIONS: This Solicitation incorporates provisions & clauses in effect through effective 5/26/2022.

Federal Acquisition Regulation (FAR): FAC 2022-06 Effective 05/26/2022; Defense Federal Acquisition Regulation Supplement (DFARS): Effective 05/18/2022 Edition; and Defensive Logistics Acquisition Directives (DLAD) Effective March 31, 2022 for DLAD current to DLAD & Proc. Ltr. 2021-06.

B. This is an open and continuous solicitation with successive closing dates for the DLA Energy - Belgium, Netherlands, and Luxembourg (Benelux) Purchase Program 1.8L, requirements. The first closing date is August, 15 2022, and is for the 15 Contract Line Items (CLINs) contained in this first closing. Solicitation No. SPE605-22-R-0214 has a performance period from October 01, 2022 through September 30, 2027.

C. The Government anticipates receiving new requirements throughout the performance period.

Therefore, solicitation SPE605-22-R-0214 will remain open until October 1, 2026, 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.

D. SOLICITATION NUMBER: Solicitation Number SPE605-22-R-0214 is issued as a Request for Proposals (RFP).

SOCIO-ECONOMICS STATUS: This acquisition has not been set-aside for small businesses and is issued under Full and Open Competition. The NAICS code is 324110 and the size standard is 1,500 employees.

SCHEDULE: The description, quantities, locations, delivery hours, equipment, and other details required for this solicitation are listed in Section (B), “Schedule.”

E. PRE-AWARD SURVEY: A pre-award survey may be required. A pre-award survey is an on-site review or an audit of the Offeror’s capabilities as it relates to the issued solicitation. The goal of this on-site review is to ensure that the capabilities exist to support the full requirement the Offeror offered against;

mitigating potential risk of non-performance due to lack of capability. If an Offeror does not pass a pre-award survey it shall reflect negatively against the Offeror’s responsibility determination.

F. QUESTION AND ANSWER PERIOD: To encourage maximum participation, a question and answer period has been established. Starting from the issue date of this solicitation to July 29, 2022 at 4:00p.m. Eastern Daylight Time (EDT) all potential offerors may ask any and as many questions as they may need to fully participate and respond to all the listed line items (Attachment G). No further questions will be received after the above stated date and time. about all the line items listed in Section B. All questions shall be submitted to (Benelux2022@dla.mil). Answers will be consolidated and answered via official amendment(s) to the solicitation. Extensions of the closing date to an open solicitation are at the sole discretion of the Contracting Officer and will be issued via an amendment, if applicable.

G. PLACING ORDERS: In accordance with F1.11, “DLA Internet Bid Board System (DIBBS)

(DLA ENERGY) (APR 2014),” the Contractor shall use DIBBS to receive orders. Contractors must register in DIBBS prior to offer submission. To obtain an account, visit https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. All contractors must have an active System for Award mailto:DLAEAZ2021@dla.mil http://www.dibbs.bsm.dla.mil/

Management (SAM) account, https://www.sam.gov/SAM/, in order to register for DIBBS, and prior to offer submission.

H. ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Offerors shall refer to the escalators stated for each line item in Section (B), and to Contract Text B19.19, “ECONOMIC

PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012)” NO ALTERNATIVE

PRICE ESCALATORS, OTHER THAN THOSE STATED IN SECTION (B), WILL BE

ACCEPTED. Offerors MUST use the publication listed for each line item schedule as the escalation reference for their offer prices. The base reference date for all line items in this solicitation is 05/30/2022. After award, the contract price for all line items will escalate/de-escalate daily in accordance with the economic price adjustment clause based upon the prescribed escalation publication referenced in the solicitation. Price changes are not based on product cost or vendor profit margin. After award, DLA Energy will provide updated contract prices on the DLA Energy homepage at https://www.dla.mil/energy.

I. ORDERING PERIOD: The ordering period for contract(s) awarded under this solicitation will be October 1, 2022 through September 30, 2027. Quantities stated represent the government’s best estimates covering the entire ordering period.

J. SHIPMENT AND ROUTING: In accordance with F51 SHIPMENT AND ROUTING

(OVERSEAS) (DLA ENERGY NOV 2005), the Contractor shall furnish serially numbered seals and effectively seal all tank cars, boxcars, transport trucks, trucks and trailers, tankers, and barges, whether delivery is made on an f.o.b. origin or f.o.b. destination basis. The marking on the seal shall be indicated on all shipping documents.

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

II. OFFER SUBMISSION AND EVALUATION INFORMATION

LATE OFFERS: Offers must be received by August 15, 2022, 3:00 PM, FT.

BELVOIR, VA, LOCAL TIME. Any offer received after 3:00 PM will be considered “Late” and may be determined to be unacceptable. (See FAR 52.212-1).

A. PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to FAR 52.212-1, “Instructions to Offerors—

Commercial Products and Commercial Services (Nov 2021),” Offerors agree to honor prices indicated in their offer for 240 calendar days from the date specified for receipt of offers.

B. ACKNOWLEDGEMENT OF AMENDMENTS: OFFERORS MUST ACKNOWLEDGE

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

C. OFFER ENTRY TOOL: All offer prices shall be submitted through the PC&S Offer Entry

Tool (OET). All other information required by the solicitation shall be submitted by email to BENELUX2022@DLA.MIL. DLA contract specialist will NOT input any pricing into OET.

Information regarding OET is as follows:

i. PC&S OET is an external web application, which allows prospective PC&S ground fuel vendors to securely bid on DLA Energy fuel solicitations. Offerors must be registered in the PC&S OET application in order to submit offer prices. In order to have system access to PC&S OET, offerors must request the applicable user roles via the Account Management and Provisioning System (AMPS) website at: https://amps.dla.mil. Your prices must be entered into http://www.sam.gov/SAM/ http://www.dla.mil/energy mailto:DLAEAZ2021@DLA.MIL https://amps.dla.mil/ the OET. It must be the full price and not just a margin. Proposed prices that are unrealistically low may be considered an indication of a lack of understanding of the solicitation requirements and may be determined outside the competitive range.

ii. Please use Attachment (A), “AMPS Snapshot: User Registration-External Users,” to obtain an AMPS account if you do not already have one.

iii. Once the AMPS registration process is complete, access AMPS with your username and password to request access to the PC&S Ground Vendor Role OET-100. You will be notified by email once your OET access is granted.

iv. You will be able to request access to OET through AMPS. Please refer to Attachment (B) titled, “Requesting the OET Vendor Role in AMPS,” for instructions on requesting an OET vendor role.

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

vi. If you experience trouble registering or if additional assistance is needed, please send an email to the DLA

Enterprise Help Desk at DLAEnterpriseHelpDesk@dla.mil or call toll free (855)-352-0001 and select the option for assistance with AMPS.

vii. In the event of technical issues on the part of OET that prevent an offeror from successfully entering offer pricing in OET, the offeror must immediately notify both Government’s Points of Contact via mail to john.parson@dla.mil and jerry.clark-juneau@dla.mil to request allowance for an offeror’s manual offer submission. Nevertheless, the offerors are still responsible for entering offer data in OET upon its return to the fully functioning state.

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

a. Attachment A: AMPS Snapshot: User Registration-External Users

b. Attachment B: Requesting the OET Vendor Role in AMPS

c. Attachment C: PCS OET Vendor Guide

D. TAX AND FEE INFORMATION: Offerors are responsible for ensuring ALL applicable taxes and fees are included in their offer price.

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

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

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

E. AWARD WITHOUT DISCUSSIONS: Offerors are directed to FAR 52.212-1, “Instructions to Offerors

– Commercial Products and Commercial Services (Nov 2021).” While the Government intends to evaluate proposals in accordance with FAR 15.101-2, Lowest Price Technically Acceptable source selection process and award a contract without discussions, it reserves the right to conduct discussions if determined by the Contracting Officer to be necessary. Offerors are advised to submit their best prices with their initial offer.

F. COMPETITIVE RANGE: If discussions are conducted, the government reserves the right to limit, for purposes of efficiency, the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. If the Contracting Officer decides that an Offeror's proposal should no longer be included in the competitive range, the proposal shall be eliminated from consideration for award. A written notice of the decision shall be provided to the unsuccessful Offeror in accordance with FAR 15.503. If discussions are held, they will be held with the mailto:DLAEnterpriseHelpDesk@dla.mil mailto:john.parson@dla.mil mailto:jerry.clark-juneau@dla.mil authorized negotiators identified in Contract Text K33.01.

G. EACH LINE ITEM IS SEPARATELY PRICED AND EVALUATED: Each line item in this solicitation is a separate requirement. Each line item will be evaluated and awarded independently from all other line items.

H. EVALUATION: Proposals will be evaluated in accordance with FAR 52.212-2, Evaluation—

Commercial Products and Commercial Services (NOV 2021) and FAR 15.101-2 Lowest Price Technically Acceptable Source Selection Process. Offerors should thoroughly read and understand the terms and conditions contained in the solicitation. Failure to provide any information requested in the solicitation may render an offer unacceptable and preclude it from any further consideration. Offerors shall ensure that the information contained in their proposals is factual, accurate, and complete.

(PLEASE REFER TO SECTION L – FAR 52.212-1 INSTRUCTIONS TO OFFERORS –

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) and SECTION

M - FAR 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)).

I. SYSTEM FOR AWARD MANAGEMENT (SAM.gov): Registration in SAM.gov is required prior to contract award. SAM.gov is an official U.S. Government system and remains the authoritative source for entity information. All offerors are required to be registered in this system. Contractors register one time and annually confirm that their SAM.gov registration is complete and accurate. There is NO fee to register in this site. Note: list NAICS Code 324110 for Petroleum Refineries MUST in the offeror’s SAM.gov registration under the “NAICS Codes Selected” section. Offerors may obtain information on registration and annual confirmation requirements at https://sam.gov/content/home Hours of Operation Monday - Friday 8 a.m. to 8 p.m. ET U.S. calls: 866-606-8220 or International calls: +1 334-206-7828.

J. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Insert your CAGE code in Block 17a of the SF 1449, in the space marked “Facility Code.”

K. DUNS NUMBER: Insert your company’s Data Universal Numbering System (DUNS) number in Block 17a of the SF 1449.

L. ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF AWARD

WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF A CONTRACT WITH

GOVERNMENT AGENCIES OR IN RECEIPT OF PROPOSED DEBARMENT FROM ANY

GOVERNMENT AGENCY IS VOIDABLE AT THE OPTION OF THE GOVERNMENT.

M. POINTS OF CONTACT: Points of contact for information regarding this solicitation are:

John Parson Contract Specialist john.parson@dla.mil

Jerry Clark-Juneau Contract Specialist jerry.clark-uneau@dla.mil https://beta.sam.gov/ mailto:john.parson@dla.mil mailto:jerry.clark-uneau@dla.mil mailto:jerry.clark-uneau@dla.mil

SUMMARY OF OFFER REQUIREMENTS:

In addition to meeting the offer submission requirements of FAR 52.212-1, offerors shall do the following:

1. Offerors shall be registered in the following systems:

a. System for Award Management (SAM.gov) at https://sam.gov/content/home

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

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

d. Account Management and Provisioning System (AMPS) at https://amps.dla.mil

REGISTRATION IN THESE SYSTEMS IS REQUIRED BY THE OFFER

SUBMISSION DUE DATE AND TIME.

2. Offer prices MUST be submitted through the PC&S OET web tool.

3. The remainder of the offer, to include the OSP and all of the documents listed below must be emailed to BENELUX2022@DLA.MIL by the offer submission due date and time.

4. ALL OFFERORS ARE REQUIRED TO FURNISH CERTIFICATES OF ANALYSIS FOR ALL TYPES

OF FUEL OFFERED, COMMITMENT LETTERS FOR QUANTITY OF FUEL, AND TRANSPORTATION

AGREEMENTS WITH YOUR OFFER.

5. Offerors shall submit a signed Standard Form (SF) 1449, “Solicitation/Contract/Order for

Commercial Items” for Solicitation SPE605-22-R-0214.

6. Offerors shall submit completed copies of all fillable clauses provided in the OSP, provided as Attachment (D).

7. Offerors shall review all offer prices submitted via PC&S OET. Offers must show as price per gallon (e.g. $0.000000), not price differentials.

8. Electronic Proposals shall be submitted in accordance with Solicitation Contract Text L2.11-4 E-MAIL PROPOSALS (DLA Energy OCT 2010). Submit proposals via email to: BENELUX2022@DLA.MIL

9. By submitting an offer, the offeror accepts the terms and conditions of the entire solicitation, and accepts that these terms and conditions are applicable to the offer unless exceptions are clearly stated within the offer.

10. All offers must comply with the instructions in FAR 52.212-1, to include paragraph (b), which requires that offerors provide the following information:

Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

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

(5) Terms of any express warranty.

(6) Price and any discount terms; “Remit to” address, if different than mailing address; A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(7) Acknowledgment of Solicitation Amendments;

(8) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information);

(9) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and texts included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration; and

(10) To be valid all offerors are required to provide written acknowledgement at the time of submission of their initial offer that the offer prices provided are accurate and include all applicable taxes and/or fees. Offerors must also confirm their ability to perform all contractual obligations in a satisfactory manner for the duration of the contract period at the offer price(s) submitted in response to Solicitation SPE605-22-R-0214.

TABLE OF CONTENTS

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

CLAUSE NO. CLAUSE TITLE PAGE

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

APPLICATION) (DLA ENERGY JAN 2012)

B19.02

ECONOMIC PRICE ADJUSTMENT - OVERSEAS (DLA ENERGY

JAN 2012)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

The following clauses are contained in full text in

SECTION C FUEL SPECIFICATIONS

ATTACHMENT (E)

“QUALITY ASSURANCE PROVISIONS C-QAPS- E- QAPS”:

PROVISION / CLAUSE TITLE

C16.38-2 FUEL OIL, BURNER No. 2 S5000 (DLA ENERGY JUN 2021)

C16.64-1 TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE) (ROCKY

MOUNTAIN /WEST) (WESTPAC) (ATL/EUR/MED) (PC&S) (DLA ENERGY OCT 2018)

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

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

ENERGY NOV 2018)

SECTION E: INSPECTION AND ACCEPTANCE

The following clauses are contained in full text in ATTACHMENT (F), “SECTION E CONTRACT

TEXTS”:

PROVISION / CLAUSE TITLE

E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015)

E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009)

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

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY

CONTRACTS (DLA ENERGY AUG 2020)

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

E37 SOURCE SELECTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY

DEC 2011)

SECTION F: DELIVERIES OR PERFORMANCE

CLAUSE TITLE PAGE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984) 24

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

TRAILERS AND TANK WAGONS (DLA ENERGY MAR 2022) 25

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

JAN 2012)

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

2014)

F1.26 DELIVERY CONDITIONS FOR ALL ITEMS INCLUDING

AUTOMATIC FILL-UP (DLA ENERGY JAN 2004)

F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME

AND DETENTION RATES (PC&S) (DLA ENERGY AUG 2005) 29

F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION

COMPANY (PC&S) (DLA ENERGY APR 2005) 30

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) 30

F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DLA

ENERGY MAY 2009)

F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005) 31

F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE

AND AVIATION FUELS (DLA ENERGY OCT 1992) 32

SECTION G: CONTRACT ADMINISTRATION DATA

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM

FOR AWARD MANAGEMENT (OCT 2018) IBR

DFARS 252.225-

7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) 32

DFARS 252.232-

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND

RECEIVING REPORTS (DEC 2018) 35

DFARS 252.225-

AUTHORIZATION TO PERFORM (APR 2003) 37

DFARS 252.232-

7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) 37

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG

1998)

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

(DLA ENERGY JAN 2017)

See Attachment D

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

CORPORATE TRADE EXCHANGE (DLA ENERGY JUL 2007) 41

G-0004 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL

RESERVE WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012) 44

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA

ENERGY JAN 2017) See

Attachment D

G150.03-1 PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS

(PORTS) INTERNET APPLICATION (DLA ENERGY JAN 2012)

APPLICABLE TO DoD ACTIVITES ONLY.

*IBR= Incorporated by Reference

SECTION I: CONTRACT CLAUSES

FAR 52.203-3 GRATUITIES (APR 1984) IBR

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (JUN 2020)

IBR

FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020)

IBR

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) 46

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (AUG 2020)

FAR 52.204-21 BASIC SAFEGUARDING 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 52.209-6

PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV

2021)

IBR

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY

2022)

FAR 52.216-21 REQUIREMENTS - (OCT 1995) 63

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) IBR

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT TO KNOW INFORMATION (MAY

2011)

IBR

FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (JUN 2020)

IBR

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021) IBR

FAR 52.229-6 TAXES-FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) 64

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) IBR

FAR 52.242-13 BANKRUPTCY (JUL 1995) IBR

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991) 24

DFARS 252.203-

REQUIREMENTS RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS (SEP 2011) IBR

DFARS 252.204-

LEVEL I ANTITERRORISM AWARENESS TRAINING FOR

CONTRACTORS (FEB 2019) 66

DFARS 252.204-

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (DEC 2019) 67

DFARS 252.204-

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (DEC 2019) 71

DFARS 252.205-

PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS (DEC 1991) 73

DFARS 252.211-

ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016) 73

DFARS 252.216-

ORDERING (SEP 2019) 79

DFARS 252.225-

TRADE AGREEMENTS – BASIC (SEP 2019) IBR

DFARS 252.225-

CORRESPONDENCE IN ENGLISH IBR

DFARS 252-229-

TAX RELIEF (APR 2020) 79

DFARS 252.232-

LEVIES ON CONTRACT PAYMENTS (DEC 2006) IBR

DFARS 252.243-

REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) IBR

DFARS 252.244-

SUBCONTRACTS FOR COMMERCIAL ITEMS AND

COMMERCIAL COMPONENTS (DOD CONTRACTS) (JUN

2013)

IBR

DFARS 252.247-

TRANSPORTATION OF SUPPLIES BY SEA – BASIC (FEB 2019) 80

DLAD 52.233-

DISPUTES - AGREEMENTS TO USE ALTERNATIVE DISPUTE

RESOLUTION (ADR) (JUN 2020) 82

I1.01 DEFINITIONS (DLA ENERGY JUN 2009) 83

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

COMMERCIAL

ITEMS (DLA ENERGY FEB 1996)

I86.03 DELIVERY ORDER LIMITATIONS (PC&S) (DLA ENERGY JAN 2012) 84

I186

PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION

(DLA ENERGY FEB 2009) 85

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) 85

SECTION J: LIST OF ATTACHMENTS

THE FOLLOWING ATTACHMENTS ARE INCLUDED IN THIS SOLICITATION:

ATTACHMENT DESCRIPTION

A AMPS Snapshot: User Registration-External Users B Requesting the OET Vendor Role in AMPS C PCS OET Vendor Guide D Offeror Submission Package (OSP) E Specification - C ENERGY Quality Assurance (QAPS) F Specification - E ENERGY QAPS G Schedule H Fuel Source Data Sheet I Price Data Sheet

SECTION K: REPRESENTATIONS AND CERTIFICATIONS

PROVISION NO. PROVISION TITLE PAGE

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS

TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (Sept 2007)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING (JUL 2016)

FAR 52.204-24

REPRESENTATION REGARDING

CERTAIN TELECOMMUNICATIONS

AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

See Attachment

D

FAR 52.204-26 COVERED TELECOMMUNICATIONS

EQUIPMENT OR SERVICES—REPRESENTATION

(OCT 2020)

See Attachment

D

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018) See

Attachment D

FAR 52.212-3 OFFEROR REPRESENTATIONS AND

CERTIFICATIONS- COMMERCIAL ITEMS (AUG

2020)

See Attachment

D

DFARS 252.203-7000 REPRESENTATION RELATING TO COMPENSATION OF

FORMER DOD OFFICIALS (SEP 2021) 88

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT

OR SERVICES REPRESENTATION – BASIC (DEC 2019) See

Attachment D

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR

SERVICES – REPRESENTATION (DEC 2019)

See Attachment

D

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

REPRESENTATION (JUNE 2020) See

Attachment D

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 88

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 88

K86 FOREIGN TAXES (DLA ENERGY NOV 2014) 90

K150 WIDE AREA WORKFLOW (DLA ENERGY MAY 2014) 90

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

PROVISION NO. PROVISION TITLE PAGE

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 91

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

FAR 52.214-34 SUBMISSION OF OFFERS IN ENGLISH LANGUAGE (APR 1991) 95

FAR 52.214-35 SUBMISSION OF OFFERS IN US CURRENCY (APR 1991) 95

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 95

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 95

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016)

DFARS 252.215-7008 ONLY ONE OFFER (JUL 2019) 96

L1.02 PROPOSAL ACCEPTANCE PERIOD ((DLA ENERGY NOV 1991) 97

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 97

L54 SITE VISIT (DLA ENERGY OCT 1992) 98

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)

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 101

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY

APR 1997) 102

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

See Attachment (G) - Schedule

B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (DLA ENERGY JAN 2012)

(a) The supplies to be furnished during the period specified in the REQUIREMENTS clause, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract. The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT clause.

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

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

(d) If any gasoline items are included in this document, they may require oxygenated fuel as a result of changes in environmental laws.

(e) Offers shall not be submitted for quantities less than the estimated quantities specified 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

Fuel Oil Burner #2 (FS2) Tank Truck w/pump / Tank Wagon 2,000,215 US Gallons (USG)

Turbine Fuel, Aviation (JP8) Tank Wagon

100,000 USG

Gasoline, Premium (ULG) Tank Truck 25,000 USG Diesel Fuel, 10 PPM (SFD) Tank Truck / Tank Wagon 1,080,000

USG

G150.03-1 PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS

(PORTS) INTERNET APPLICATION (DLA ENERGY JAN 2012) APPLICABLE TO DoD

ACTIVITES ONLY.

(a) CONTRACTOR PASSWORD. The Contractor shall use the Paperless Ordering and Receipt Transaction Screens (PORTS) Internal application to access electronically signed written orders (SF1449), as described in (b) below and for transmitting receipt documents to the Activity and invoices to the payment office, as identified in (d) below. PORTS will provide email notifications of orders. To gain access to PORTS and to receive email notifications, the Contractor will furnish a list of individuals to the DLA Energy Contracting Officer providing name(s), email address(es), phone and facsimile number(s). The Contractor personnel will also register in the Account Management and Provision System (AMPS) and request PORTS roles(s). In addition, the Contractor personnel will be required to recertify annually in AMPS to retain PORTS access or receipt of email notifications.

(b) PREPARATION AND TRANSMISSION OF ORDERS AND CALLS AGAINST ORDERS.

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

(2) Orders, and calls against orders, may be issued orally or in writing. An oral delivery order for fuel shall be considered issued by the Government when it is verbally assigned a delivery order number. For all orders, the appropriate ordering office/officer will provide the Contractor, via the PORTS Internet application, with an electronically signed written order, SF 1449, within 24 hours or one business day after issuing the oral order. (Once the Ordering Officer has completed the web page order, an email will be sent to the Contractor to provide notice that the order is available on the contract-specific web page. The order will also be submitted to the payment office.) An oral order shall provide the required advance notice to the Contractor and the following information: Order number; contract number; item number; quantity; delivery location; any applicable taxes, which should be billed as a separate item on the invoice; and the required delivery date.

Regardless of the unit price cited on the written order, the office designated to make payments on the written order will pay the applicable unit price in effect under the ECONOMIC PRICE ADJUSTMENT (PC&S) contract text.

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

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

(c) COMMERCIAL RECEIPTS.

(1) The Contractor shall provide a commercial receipt (bill of lading, metered ticket, or delivery ticket) upon completing delivery. The Government representative may date and sign the commercial receipt and will be provided with a legible copy. The following information shall be stated on the commercial receipt:

(i) Item number;

(ii) Order number;

(iii) Type of fuel delivered;

(iv) Date of the delivery into the Government’s tank(s);

(v) Delivered quantity and, if volume correction is required in accordance with the DETERMINATION OF QUANTITY (PC&S) contract text, the fuel temperature and API gravity. If temperature compensating meters are used, only the API gravity and delivered quantity are recorded;

(vi) Tank identifier determined by the base; and

(vii) Any other required information specified in the narrative of the Schedule for the item.

(2) The Contractor will maintain all signed receipts as evidence of delivery and will provide them to the Government upon request, as dictated by the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (PC&S) (PORTS INTERNET APPLICATION) contract text. The records will be annotated with “NONTAXABLE USE ONLY. PENALTY FOR TAXABLE USE” where applicable.

(d) PREPARATION AND TRANSMISSION OF THE MATERIAL INSPECTION AND RECEIVING REPORT (DD FORM 250)/INVOICE. At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a Material Inspection and Receiving Report in the manner and to the extent required by Appendix F of the Defense FAR Supplement, Material Inspection and Receiving Report, except as noted in this contract text. The Contractor, or its designee, shall key the following information from the commercial receipt(s) into the contract-specific web pages for generation of the continuation page and the first page of the DD Form 250 document upon accessing the web screens per the instructions to be provided on the DLA Energy homepage.

(1) On the first page of the web screen for creating a new DD Form 250, the Contractor will select the appropriate line item and order/amendment number from a pull-down list (which already depicts the associated contract number, requisition number, and mode of delivery). The Contractor must insert the shipment date reflecting the date fuel was actually delivered. On the next screen, the Contractor will enter a unique invoice number, confirm the escalated unit price (which may also be corrected if applicable) and any discount terms offered other than net 30 days, and select the appropriate method of quantity determination (either loading rack method or nonloading rack method). The loading rack method is selected if the quantity delivered is determined based on loading rack meter tickets from the terminal; the nonloading rack method is selected if quantity determination is based on any other method as specified in the DETERMINATION OF QUANTITY (PC&S) contract text.

(2) On the next screen, the Contractor will enter sequentially the following information from each commercial ticket, which will be depicted in three columns on the DD Form 250 continuation page:

(i) The commercial ticket number;

(ii) The quantity indicated on the commercial receipt, (system will round quantity up or down), determined in accordance with the DETERMINATION OF QUANTITY contract text; and

(iii) The tank identifier determined by the Activity (such as a building number). This tank identifier is required only for auto-fill items.

The total volume delivered to the Activity as input by the Contractor will automatically be entered into Block 17 of the DD Form 250 as a whole number; the required sequential shipment number under the order will automatically be entered into Block 2. If there is disagreement between the Contractor and the Government as to the quantity delivered, the DLA Energy Contracting Officer will be promptly notified. (See the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (PC&S) (PORTS INTERNET APPLICATION) contract text.)

(3) Upon completion of the DD Form 250/invoice web screen document, the Contractor or designee will key the submission for processing, which automatically triggers two actions:

(i) An email message to the Activity. The email message will request approval of the DD Form 250 and inform the Activity to access the web page to accomplish this by electronic signature or it will specify order number, shipment date and number, item, quantity shipped and all delivery tickets that apply.

(ii) An electronic submission to the payment office and Contractor notification of that invoice submission. The invoice transaction must be received no later than 5:30 p.m. to be considered received that day. Invoices received after 5:30 p.m. shall be considered received the next United States Government business day.

(4) AIR FORCE ONLY: The Government’s Authorized Representative will either—

(i) Verify the invoiced amount and return an email message confirming the quantity invoiced. The Contractor will receive an email message from the activity that the invoiced amount has been confirmed; OR

(ii) Dispute the quantity being invoiced. Advise the Contractor by email of the reason (such as shipment date or quantity error). In this case, the Contractor will then submit a revised DD Form 250/invoice to the Activity (and to the payment office)via PORTS; the Contractor need only key in the data field(s) requiring correction and resubmit for processing. The DD Form 250 must be resubmitted within 24 hours or one business day of the Activity’s notification. If the Contractor disagrees with the Activity’s notification of disagreement, the Contractor may contact the DLA Energy Contracting Officer. (See the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (PC&S) (PORTS INTERNET APPLICATION) contract text.)

(iii) If any errors are discovered on the Contractor’s DD Form 250 after submission to the Activity, but before either confirmation or notification of disagreement, the Contractor will promptly correct by clicking on the “Correct Submitted DD Form 250/invoice” key and entering corrections of any prior errors. When submitted to the Activity for verification/confirmation, the DD Form 250/invoice document is automatically labeled with the words “CORRECTED COPY.” As in (d)(4)(i) and (ii) above, the Contractor is notified with automatic posting of the electronic transmission to the payment office.

(5) OTHER DoD ONLY: The Government’s Authorized Representative will either—

(i) Approve or accept the DD Form 250 document by electronic signature and submit the document via the PORTS Internet application to the payment office. The Contractor will receive an email message via the Internet application that the document has been approved and submitted to the payment office; OR

(ii) Reject the DD Form 250 document, advising the Contractor by email of the reason for rejection (such as shipment date or quantity error). In this case, the Contractor will then submit a revised DD Form 250/invoice to the Activity (and to the payment office) via PORTS; the Contractor need only key in the data field(s) requiring correction. If the Contractor fails to submit a revised DD Form 250 within 24 hours or one business day of the Activity’s rejection notification based on discrepancy in quantity or shipment date, in order to avoid potential delays in payment the Activity may proceed to change either the quantity or shipment date to that which the Activity had asserted. These changes will be forwarded to both the payment office and the Contractor. If the Contractor still disagrees with the Activity’s change(s), the Contractor may contact the DLA Energy Contracting Officer. (See the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (PC&S) (PORTS INTERNET APPLICATION) contract text.)

(iii) If any errors are discovered on the Contractor’s DD Form 250 after submission to the Activity, but before either approval or rejection, the Contractor will promptly advise the Activity by either telephone or email in order that the document can be rejected with an accurate notation and then revised (see (d)(5)(ii) above) as soon as possible.

(iv) Upon signature of approval/acceptance on the DD Form 250 by the Government representative, any corrections to the document must be performed via the web page. The Contractor will click on the “Correct Submitted DD Form 250/Invoice” key and enter corrections of any prior errors. When submitted to the Activity for approval, the DD Form 250/invoice document is automatically labeled with the words “CORRECTED COPY.” As in (d)(5)(i) and (ii) above, the Contractor is notified, with automatic posting of the electronic transmission to the payment office.

(6) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment.

(7) The Government will not be liable to the Contractor for any incidental or consequential damages resulting from any delay, omission, or error in the transmission or receipt of invoices under the Internet application.

(8) Electronic data transmitted by the Internet application will be admissible as evidence on the same basis as customary paper documents. The parties will be legally bound by the electronic documents.

(e) REQUIRED USE OF PORTS INTERNET APPLICATION.

(1) Use of PORTS, as described above, is required except in the cases indicated in (g) below and as identified exceptions to electronic invoicing under the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (PC&S) (PORTS INTERNET APPLICATION) – ADDENDUM contract text.

(2) In the event there is an interruption of PORTS service, fax/paper invoices may be submitted to DFAS Columbus only after the Contractor has contacted the DLA Energy Contracting Officer and is given authorization to do so.

A four-digit confirmation code will be provided by the DLA Energy Contracting Officer and must be inserted (handwritten or typed) on each fax/paper invoice. DFAS Columbus will return any fax/paper invoice that does not contain the four-digit confirmation code. Fax/paper invoices must contain information required for a proper invoice per instructions contained in the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (PC&S) (PORTS INTERNET APPLICATION) contract text. Once the difficulties with PORTS has been resolved, the Contractor must revert to using PORTS to invoice.

(f) PAYMENT.

(1) Payment shall be made in accordance with the terms as stated in the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (PC&S) (PORTS INTERNET APPLICATION) contract text. Notwithstanding any permissible variation percentage between the ordered and delivered quantity, payment is authorized for a percentage not to exceed 120 percent of the ordered quantity.

(2) Payment terms for an invoice received via electronic PORTS submission by the payment office will be net 30 days from date of receipt of a proper invoice. See (d)(3) above. Payment terms for invoices other than by the electronic PORTS transmission will also be net 30 days from receipt of a proper invoice unless a discount is offered and accepted by the payment office.

(g) INVOICING DETENTION AND DEMURRAGE COSTS. Detention costs, allowable only on tank truck deliveries (not applicable to multiple drop tank truck or any tank wagon deliveries), and demurrage costs for barge/tanker deliveries will be the sole responsibility of the Activity incurring them. The Contractor will submit invoices for detention or demurrage costs directly to the Activity receiving the product. These provisions and contract texts are applicable to DLA-owned/capitalized as well as non-DLA-owned/noncapitalized products. If the receiving activity is an Army activity, a copy of the detention/demurrage cost invoice must also be furnished to the following address:

US Army Petroleum Center Room 0522, Mail Stop 6241 8725 John J. Kingman Road Fort Belvoir, VA 22060-6241

See Section B – SCHEDULE

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

(a) WARRANTIES. The Contractor warrants that--

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

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

Schedule.

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

(1) Award price means the unit price offered by the Contractor and set forth opposite the item in the

(2) Reference price means the market price, this is either published in an independent publication or supplied by the Contractor, with which the award price is to fluctuate. The reference price should be a market price for the same or similar product(s) as the item being purchased.

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

(c) ADJUSTMENTS. The prices payable under this contract shall be the award price increased or decreased by the amount, determined according to the following formula that the reference price shall have increased or decreased, to and including the date of delivery.

(1) The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(2) The reference price with which the award…