Solicitation Hawaii_SPE60525R0220.pdf

HAWAII, POSTS, CAMPS & STATIONS

(PC&S)

PP 3.10 - Solicitation SPE605-25-R-0220

INFORMATION TO OFFERORS OR QUOTERS

COVER SHEET

SOLICITATION: SPE605-25-R-0220

(HAWAII, POSTS, CAMPS & STATIONS (PC&S) PP 3.10)

THE ENCLOSED SOLICITATION COVERS THE FOLLOWING:

ORDERING PERIOD: 01 JULY 2026 THROUGH 30 JUNE 2029

DELIVERY PERIOD: 01 JULY 2026 THROUGH 31 JULY 2029

PART: U.S. GOVERNMENT PROCUREMENTS

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

ISSUING OFFICE: Defense Logistics Agency - Energy

ATTN: DLA-ENERGY-FEPAB,

Hannah Savine & Kimberly Binns 8725 John J. Kingman Road Ft. Belvoir, VA 22060-6222

RESPONSES DUE: 23 December 2025; 8:00 AM, Eastern Standard Time (EST) Fort Belvoir, VA Local Time

DELIVERY PERIOD: 48 Hours after 01 July 2026 Through 30 June 2029 (30 days after end of ordering period)

ITEMS TO BE PURCHASED:

VARIOUS FUEL PRODUCTS DISTILLATES AND RESIDUALS FOR DEPARTMENT OF

DEFENSE AND FEDERAL CIVILIAN AGENCIES IN THE STATE OF HAWAII.

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

HANNAH SAVINE KIMBERLY BINNS

(571) 837-1653 (571) 767-9519

HANNAH.R.SAVINE@DLA.MIL KIMBERLY.BINNS@DLA.MIL

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

RESPONSES DUE: Please note that all required documents to be submitted as part of an Offeror’s proposal shall be received, as stated NLT: 23 December 2025 at 8:00AM, Eastern Standard Time, (Ft. Belvoir, VA Local Time)

ADDITIONAL INFORMATION: SEE NOTES AND ATTACHED PAGES

mailto:Hannah.R.Savine@dla.mil mailto:KIMBERLY.BINNS@DLA.MIL

HAWAII POSTS, CAMPS & STATIONS (PC&S)

SOLICITATION NOTES

(Unless otherwise stated in the schedule, solicitation notes apply to all line items)

GENERAL

A. DESCRIPTION: This is for commercial items prepared in accordance with the format in FAR Subpart 12 and 15, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested.

B. REGULATIONS: This combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC2025-05 dated 01 October 2025;

Federal Acquisition Regulation (FAR) Effective 01 October 2025; Defense Federal Acquisition Regulation Supplement (DFARS) Changed 01 October 2025; Defense Logistics Agency Directive (DLAD) effective, October 2025; and Defense Logistics Agency Energy Procurement Instruction (DEPI) effective September 2025; up to Procurement Flash 2025-0110, effective 25 September 2025. 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 offer. DPAS rating for potential award is DO. The text of the referenced clause and provision in this solicitation may be accessed electronically in full text at https://www.acquisition.gov/ and FAR | Acquisition.GOV.

C. SOLICITATION NUMBER: SPE605-25-R-0220 is a combined synopsis/solicitation for commercial items issued as a request for proposal (RFP). Submit written offers only, oral offers will not be accepted.

This is an open continuous solicitation with successive closing dates for DLA Energy Posts, Camps and Station (PC&S) Purchase Program 3.10, Hawaii requirements. The Government anticipates receiving new requirements throughout the performance period. Therefore, solicitation SPE605-25-R- 0220 will remain open until June 30, 2029, for any new Line Items 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 Line Items.

D. EVALUATION: The Government intends to procure petroleum fuel products using FAR

Subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items and FAR Subpart

15.3 Source Selection. The Government will award a fixed price with economic price adjustments;

requirements-type contract (s) resulting from the solicitation to the responsible offeror(s) whose offer, conforming to the solicitation, will be most advantageous to the Government, with price and other factors considered (See Evaluation criteria under SECTION M).

DLA Energy will use lowest price technically acceptable (LPTA) acquisition strategy for this acquisition.

The Government will award a contract resulting from this solicitation to the responsible offeror(s) whose offer(s), conforming to the solicitation, will be most advantageous to the Government using lowest price technically acceptable source selection procedures. Line items will be evaluated and awarded individually. In order to be considered for award, an offer must receive an “Acceptable” rating for every non-price factor. In accordance with the solicitation’s evaluation clause FAR 52.212-2 EVALUATION –

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

https://www.acquisition.gov/ https://www.acquisition.gov/browse/index/far

E. NOTICE TO SMALL BUSINESS CONCERNS: In accordance with FAR 19.000(b), FAR Part 19 – Small Business Programs. This procurement is being issued as A PARTIAL SMALL BUSINESS SET- ASIDE. This RFP has thirty-five (35) contract line items set-aside for Small Businesses. Three (3) line items 0012, 0014, and 0033 valued below the simplified acquisition threshold will be procured using full and open competition due to no reasonable expectation of obtaining offers from two or more responsible small business concerns in accordance with FAR 19.502-2. The remaining twenty-one (21) line items valued over the SAT will be procured using full and open competition.

F. North American Industrial Classification Standard (NAICS): 324110 Small Business Size

Standard: 1500 employees or no more than 200,000 barrels per calendar day total Operable Atmospheric Crude Oil Distillation capacity. (See 13 C.F.R. § 121.201). Offerors that propose to furnish an item that it did not itself manufacture, but wants to be considered for a set-aside award, must comply with 13 C.F.R. §

121.406. FAR 52.219-7, NOTICE OF PARTICAL SMALL BUSINESS SET-ASIDE (NOV 2020) applies to the line items identified in Attachment B– Small Business Set Asides as set aside for Small Businesses. The Non-Manufacturer Rule does not apply to Small Business set aside line items because they are valued at or below the Simplified Acquisition Threshold. For questions concerning Small Business matters, contact

DLA.ENERGY.OSBP@DLA.MIL.

CONTRACTING RELATED

A. ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be 1 July 2026 through 30 June 2029. The delivery period ends 30 days after the last day of the ordering period, 31 July 2029. This contract includes an option period that if exercised would have an ordering period that starts 01 July 2029 through 31 December 2029. The options delivery period would end 30 days after the last day of the ordering period, 31 January 2030.

B. SCHEDULE: The description, quantities, location, delivery hours, equipment, and other details required for this solicitation are listed in ATTACHMENT A “SCHEDULE OF SUPPLIES”. Note: Delivery of all line items in the schedule of supplies shall be F.O.B. Destination.

Line items 0007, 0011, and 0013 will not be used in this solicitation SPE605-25-R-0220.

C. OPTIONS: All line-item numbers and separate pricing for the six (6) month option are in U.S.

Gallons (USG). Offeror price shall be a unit price per gallon. See Attachment N - Hawaii Options Pricing Submission Spreadsheet.

D. PAYMENT TERM: Payment Term of “AP00” will apply to all Small Business Set-aside contracts awarded from this solicitation and Payment Term “Net 30” will apply to all Full and Open contracts awarded from this solicitation.

E. DEFINITIONS: Any reference to DAY(S) within this solicitation should be considered

Calendar (s) (Sunday through Saturday) unless otherwise specified. Hours of operation listed are for the time zone specific to each requirement line item. Any other reference to hours/time, unless otherwise stated, within the solicitation will be for Eastern Standard Time (EST). Any reference to Holiday(s) shall be considered U.S.

Holidays, unless otherwise noted.

F. ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to the following:

mailto:DLA.ENERGY.OSBP@DLA.MIL

FAR 52.216-2 ECONOMIC PRICE ADJUSTMENT—STANDARD SUPPLIES

SUPPLIMENT REQUIREMENTS: ECONOMIC PRICE ADJUSTMENT – ESTABLISHED

CATALOG PRICE (ALASKA/HAWAII)

SUPPLIMENT REQUIREMENTS: EVALUATION OF OFFERS WHERE ALTERNATE

ESCALATORS ARE USED

ATTACHMENT C -Hawaii Govt Preferred BRP Indexes and Escalators The base reference date is 01 May 2025. Offerors may use the publication listed for each line item schedule as the escalation reference for their offer prices. After award, the contract price for all Line Items will escalate/de-escalate DAILY (Monday through Friday, and any deliveries made on Saturday and Sunday will use Friday’s Price), in accordance with FAR 16.203 Fixed-price contracts with economic price adjustment and the above Economic Price Adjustment and Base Reference Price based upon the prescribed escalation publication referenced in the solicitation. Price changes are not based on product cost or vendor profit margin.

PROPOSALS

A. QUESTION AND ANSWER PERIOD: To encourage maximum participation on ALL line items a question and answer period has been established. Starting from the issue date of this solicitation to 15 December, 2025; 8:00A.M. Eastern Standard Time (EST) 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 A). No further questions shall be accepted after the above stated date and time. All questions are to be sent in writing to Hannah.r.savine@dla.mil, Kimberly.binns@dla.mil, and DLAENERGYFEPAB@dla.mil. Answers will be consolidated and answered via an official Q&A amendment to the solicitation, if applicable. 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.

B. TIME SPECIFIED FOR RECEIPT OF OFFERS: Please note that all required documents to be submitted as part of an Offeror’s proposal shall be received, as stated no later than: 23 December 2025 at 8:00A.M. EST (Ft. Belvoir, VA Local Time).

C. OFFER SUBMISSION: ALL fuel product line item offers/pricing must be submitted in DLA

Energy PC&S Offer Entry Tool (OET) website: https://offerwizard.dla.mil/pcsoffwiz/pcsoffwiz.html. Use of the PC&S OET is mandatory for this solicitation. 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. Information regarding OET access and offer submission, please refer to SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES and 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICE (SEPT 2023) for instructions on how to prepare and submit a proposal.

NOTE:

All Supporting required documents are to be submitted in “.pdf” formate via email to Hannah Savine at Hannah.r.savine@dla.mil, Kimberly Binns at Kimberly.Binns@dla.mil, and DLA Energy Group Email:

DLAEnergyFEPAB@dla.mil.

ATTACHMENT E - Alt Escalator Company Posting 12 Month History Spreadsheet and ATTACHMENT N - Hawaii Options Pricing Submission Spreadsheet MUST be submitted in “.xls” mailto:Hannah.r.savine@dla.mil mailto:KIMBERLY.BINNS@DLA.MIL mailto:DLAENERGYFEPAB@dla.mil https://offerwizard.dla.mil/pcsoffwiz/pcsoffwiz.html formatted spreadsheet via email to Hannah Savine at Hannah.r.savine@dla.mil, Kimberly Binns at Kimberly.Binns@dla.mil, and DLA Energy Group Email: DLAEnergyFEPAB@dla.mil.

D. ACCOUNT MANAGEMENT AND PROVISIONING SYSTEM (AMPS): Please use the attached instruction titled, ATTACHMENT I – “AMPS Role Guide” to obtain an AMPS account if you do not already have one. 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 (844) 347-2457 and select the option for assistance with AMPS.

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

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 ATTAHCMENT K - “PC&S OET Vendor Guide.” In the event of technical issues on the part of OET that prevent an offeror from successfully entering offer data on OET, the offeror must immediately notify both Government’s Points of Contact via email to Hannah.r.savine@dla.mil; Kimberly.Binns@dla.mil; and DLAEnergyFEPAB@dla.mil to request allowance for offeror’s manual offer submission using Price Data Sheets. The offerors are still responsible for entering offer data thru OET upon its return to a fully functioning state.

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

Attachment I – AMPS ROLE GUIDE Attachment J – REQUESTING OET VENDOR ROLE IN AMPS GUIDE Attachment K – PC&S OET VENDOR GUIDE

E. WITHDRAW: Proposals can be withdrawn at any time before an award is made. Withdraws shall be made in writing and submitted to Hannah Savine Hannah.r.savine@dla.mil; Kimberly Binns Kimberly.Binns@dla.mil; and DLA Energy Group Email: DLAEnergyFEPAB@dla.mil.

F. TAX AND FEE INFORMATION: Offerors are responsible for ensuring ALL applicable taxes and fees are included in their offer price. Offerors are advised that offer prices shall include Federal Excise Tax (FET) and all other applicable taxes and fees and all other costs arising from contractor's performance of the contract, where no U.S. Government or Department of Defense exemption applies.

G. LATE OFFERS: Please note that offers must be received before 23 December 2025; 8:00 AM, EST (Fort Belvoir, VA Local Time). Any offer received after 23 December 2025; 8:00 AM, EST (Fort Belvoir, VA Local Time) will be considered “late.” Offeror(s) assume all risk for any delay in the transmission of their proposals. All offerors are encouraged to review paragraph (f) of FAR 52.212-1–

INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCT AND COMMERCIAL SERVICES

(SEPT 2023).

H. DISCUSSIONS: The government anticipates and intends to award without discussions; however, to maximize the government’s ability to obtain the best value, it may be necessary to conduct discussions.

Discussions may be conducted either orally or in writing. The scope and extent of discussions are a matter of mailto:DLAEnterpriseHelpDesk@dla.mil mailto:Hannah.r.savine@dla.mil mailto:Kimberly.Binns@dla.mil mailto:DLAEnergyFEPAB@dla.mil mailto:Hannah%20Savine%20 mailto:Hannah.r.savine@dla.mil mailto:Kimberly.Binns@dla.mil mailto:DLAEnergyFEPAB@dla.mil contracting officer judgement. Offerors are advised to submit initial proposals, which are abundantly and clearly compliant without the need for additional information.

I. COMPETITIVE RANGE: 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 and written notice of the decision shall be provided to the unsuccessful Offeror in accordance with FAR 15.503.

J. CONTRACT TYPE: The fuel requirements issued under this solicitation are for the remainder of the current contract cycle. A contract awarded as a result of this solicitation will be a FIXED PRICE REQUIREMENTS CONTRACT WITH ECONOMIC PRICE ADJUSTMENT. Please refer to FAR 52.216- 1, TYPE OF CONTRACT (APR 1984) and FAR 52.216-21 REQUIREMENTS (OCT 1995).

K. EVALUATION: Proposals will be evaluated in accordance with FAR 52.212-2 EVALUATION

– COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) Offerors should thoroughly read and understand the terms and conditions contained in the solicitation. Failure to provide any information requested in the solicitation may render an offer unacceptable and preclude it from any further consideration.

Offerors should ensure that the information contained in their proposals is factual, accurate, and complete.

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

AND COMMERCIAL SERVICES) (NOV 2021)

L. NOTICE OF VOIDABILITY: Any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government agencies, or was in receipt of a notice of proposed debarment from any Government agency, is voidable at the option of the Government..

M. VENDOR FUEL PAYMENT RESPONSIBILITY: Refinery used by the vendor that requires fuel payment prior to vendor picking up the fuel shall be paid by the vendor. The Government will not pay for fuel pick up prior to delivery schedule.

N. FAR Clause 52.212-5 CONTRACT TERMS AND CONDITIONS - REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL PRODUCT AND

COMMERCIAL SERVICES (Oct 2025) lists out clauses incorporated by reference (IBR). Please be advised that Offerors are responsible for complying with the referenced clauses as if they appeared in full text. Please read FAR Clause 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL PRODUCT AND COMMERCIAL SERVICES (SEPT 2023) in its entirety.

O. SYSTEM FOR AWARD MANAGEMENT (SAM): Pursuant to FAR 52.204-7, all offerors are required to be registered in SAM.gov when submitting an offer and shall continue to be registered until time of award; and if awarded a contract, during performance and through final payment of any contract. FAR Provision 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services (Oct 2025) applies to this acquisition. Offerors shall complete this provision in SAM. SAM is an official U.S. Government system and all offerors are required to be registered in this system. Contractors register one time and confirm on an annual basis that their SAM registration is complete and accurate. There is NO fee to register for this site. Please provide the printout from SAM with your proposal. Offerors may obtain information on registration and annual confirmation requirements at: https://sam.gov

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

Q. ACKNOWLEDGEMENT OF AMENDMENTS: YOU 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 via email to Hannah Savine at Hannah.r.savine@dla.mil, Kimberly Binns at Kimberly.Binns@dla.mil, and DLA Energy Group Email:

DLAEnergyFEPAB@dla.mil.

R. PRE-AWARD SURVEYS: DLA Energy may conduct pre-award surveys to determine responsibility.

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

POINTS OF CONTACT:

Information Regarding Solicitation SPE605-25-R-0220 Points of contact for information regarding this solicitation are:

Hannah Savine Kimberly Binns Phone: (571) 837-1653 Phone: (571) 363-7606 Email: Hannah.R.Savine@dla.mil Email: Kimberly.Binns@DLA.MIL

DLA Energy Group Email DLAEnergyFEPAB@dla.mil

SUMMARY OF OFFER SUBMISSION REQUIREMENTS:

IN ADDITION TO MEETING THE OFFER SUBMISSION REQUIREMENTS OF FAR 52.212-1,

OFFERORS SHALL DO THE FOLLOWING:

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

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

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

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

REGISTRATION IN THESE SYSTEMS ARE REQUIRED BY THE OFFER SUBMISSION DUE DATE

AND TIME.

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

a. Solicitation number on your offer,

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

c. The name, title, address, email, and telephone number of the offeror, mailto:Hannah.R.Savine@dla.mil https://sam.gov/ https://wawf.eb.mil/ http://www.dibbs.bsm.dla.mil/

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

e. Terms of any express warranty,

f. Price submitted through PC&S OET with all applicable taxes and fees included

g. Any discount terms,

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

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

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

j. Return a signed copy of all solicitation amendments; and

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

l. Offerors SHALL mark all proprietary data within the proposal before submission.

(3) The following clauses listed below are fill-in clauses and are to be completed and returned with your proposal

a. FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

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

c. FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB

2016)

d. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (Oct 2025)

e. FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA (FEB 2021)

f. DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT

OR SERVICES—REPRESENTATION (DEC 2019)

g. DFARS 252.204-7017 PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (MAY

2021)

h. DFARS 252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY

CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW (MAR 2012)

CLASS DEVIATION ATTACHMENT 1 2012-O0007

i. DFARS 252.209-7999 REPRESENTATION BY CORPERATIONS REGARDING AN

UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER

FEDERAL LAW (JAN 2012) CLASS DEVIATION ATTACHMENT 1 2012-O0004

j. DFARS 252.223-7001 HAZARD WARNING LABELS (DEC 1991)

k. DFARS 252.225-7000 BUY AMERICAN—BALANCE OF PAYMENTS PROGRAM

CERTIFICATE—BASIC (FEB 2024)

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

(4) The following documents listed below under SUPPLEMENTS are all required to be returned completed with your proposal

a. TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND

DETENTION RATES

b. NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY

c. AUTHORIZED NEGOTIATORS

d. NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE

DELIVERY OF PRODUCT

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 SPE605-25- R-0220.

(5) The following clauses are included in full text in this solicitation or are incorporated by reference (IBR) into this solicitation.

Section B- Supplies or Services and Price/Costs

PROVISION/CLAUSE TITLE PAGE

FAR 52.216-2 ECONOMIC PRICE ADJUSTMENT—STANDARD SUPPLIES (NOV 2021)

16-17

SECTION B SUPPLEMENTS

ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG PRICE

(ALASKA/HAWAII)

17-19

Section C- Description/Specifications/Statement of Work

THE FOLLOWING CLAUSES ARE CONTAINED IN FULL TEXT IN ATTACHMENT F

“QUALITY ASSURANCE PROVISIONS C-QAPS”

PROVISION/CLAUSE TITLE

C1 SPECIFICATIONS (DLA ENERGY JAN 2012)

C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MARCH 2025)

C16.69 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY SEP 2014)

C16.08-1 TURBINE FUEL, AVIATION JET (JAA) (DLA ENERGY JAN 2025)

C16.14 FUEL, ETHANOL (PC&S) (DLA ENERGY DEC 2022)

C16.27 FUEL, BIODIESEL (B20) (DLA ENERGY OCT 2014)

C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY JUN 2017)

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

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

C16.69-21 GASOLINE AUTOMOTIVE, ETHANOL FREE, UNLEADED, MIDGRADE (PC&S) (DLA ENERGY

FEB 2020)

Section D- Packaging and Marking

SECTION D SUPPLEMENTS PAGE

DRUMS, CONTAINERS, AND PACKAGING

33-34

Section E- Inspection and Acceptance

THE FOLLOWING CLAUSES ARE CONTAINED IN FULL TEXT IN ATTACHMENT G

“QUALITY ASSURANCE PROVISIONS E- QAPS”:

PROVISION/CLAUSE TITLE

FAR 52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996)

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (APR 2024)

E1.21

CONTRACTOR INSPECTION RESPONSIBILITIES (JET A/A-1) (BULK/PC&S) (DLA ENERGY

FEB 2014)

E12 POINT OF ACCEPTANCE (JUL 2015)

E18.01 SAMPLE SUBMISSION (AUG 2009)

E21.01 POINT OF INSPECTION (JUN 2015)

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY) (FEB 2022)

E35 NONCONFORMING SUPPLIES AND SERVICES (DF2, SFD, MUR) (DEC 2011)

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

E40.01

MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA WORKFLOW

(WAWF) ENERGY RECEIVING REPORT (ERR) (BULK FUEL/DIRECT DELIVERY AVIATION

FUEL) (DLA ENERGY) (JUL 2014)

Section F- Deliveries or Performance

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984) 23

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) 23

FAR 52.247-34 F.O.B. DESTINATION (JAN 1991) 23-24

SECTION F SUPPLEMENTS

DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND TRAILERS,

AND TANK WAGONS 24

DETERMINATION OF INVOICE QUANTITY(PCS) 25-27

TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND

DETENTION RATES 27-28

NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY 28

SHIPMENT AND ROUTING 28-30

CONTRACTOR NOTICE REGARDING LATE DELIVERY 30

Section G- Contract Administration Data

Section H- Special Contract Requirements

NOT APPLICABLE

Section I- Contract Clauses

FAR 52.203-3 GRATUITIES (APR 1984) IBR

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021) 35-39

FAR 52.203-17

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (NOV 2023) IBR

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) 39-40

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

40-41

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 35

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUEST AND RECEIVING

REPORTS (DEC 2018) 30-32

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS ( JAN 2023) 32-34

FAR 52.204-21

BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021) 41-42

FAR 52.204-30

FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION

(DEC 2023) IBR

FAR 52.212-4

CONTRACT TERMS AND CONDITIONS- COMMERCIAL PRODUCT AND

COMMERCIAL SERVICES (NOV 2023) 43-48

FAR 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS - COMMERCIAL PRODUCT AND COMMERCIAL SERVICES

(MAR 2025) (DEVIATION 2025-O0003) 48-55

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

IBR

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

IBR

FAR 52.216-18 ORDERING (AUG 2020) 56

FAR 52.216-21 REQUIREMENTS (OCT 1995) 56-57

FAR 52.217-5 EVALUATION OF OPTIONS (JULY 1990) 57

FAR 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989) 57

FAR 52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM (MAR 1989) 57

FAR 52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2025) 57-58

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

FAR 52.204-70 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB

2021) 58-59

FAR 52.232-17 INTEREST (MAY 2014) IBR

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

FAR 52.242-13 BANKRUPTCY (JUL 1995) IBR

FAR 52.243-1 CHANGES-FIXED PRICE (AUG 1987) IBR

FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCT AND COMMERCIAL SERVICES

(JAN 2025) (DEVIATION 2025-O0003)

60-62

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) 62

DFARS 252.203-

REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011) IBR

DFARS 252.203-

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC

2022) IBR

DFARS 252.204-

7000 DISCLOSURE OF INFORMATION (OCT 2016) IBR

DFARS 252.204-

7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023) IBR

DFARS 252.204-

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (MAY 2024) IBR

DFARS 252.204-

NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (JAN 2023) IBR

DFARS 252.204-

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023) 62-64

DFARS 252.204-

NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR

2023)

64-65

DFARS 252.205-

PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (JUN

2023) IBR

DFARS 252.209-

REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL

VIOLATION UNDER ANY FEDERAL OR STATE LAW (MAR 2012) CLASS

DEVIATION ATTACHMENT 1 2012-O0007

DFARS 252.211-

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

65-70

DFARS 252.219-

SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)—BASIC (DEC

2019) IBR

DFARS 252.223-

7001 HAZARD WARNING LABELS (DEC 1991) 70-71

DFARS 252.225-

BUY AMERICAN—BALANCE OF PAYMENTS PROGRAM CERTIFICATE—BASIC

(FEB 2024)

71-72

DFARS 252.225-

7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) IBR

DFARS 252.225-

PROHIBITION ON USE OF CERTAIN ENERGY SOURCED FROM INSIDE THE

RUSSIAN FEDERATION (JAN 2023) 72-73

DFARS 252.225-

PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS—

REPRESENTATION (Deviation 2024-O0006) (FEB 2024)

DFARS 252.225-

PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS

(CLASS DEVIATION 2024-O0006, REVISION 1) (FEB 2024) 73-74

DFARS 252.226-

UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (JAN

2023)

IBR

DFARS 252.227-

TECHNICAL DATA – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(JAN 2025) IBR

DFARS 252.229-

7001 TAX RELIEF. TAX RELIEF—BASIC (APR 2020) 74-75

DFARS 252.232-

7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) IBR

DFARS 252.243-

REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022) 75-76

DFARS 252.244-

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2023) 76

DFARS 246.6 MATERIAL INSPECTION AND RECEIVING REPORTS IBR

DFARS 252.246-

SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY

OPERATIONS (Oct 2010) IBR

DFARS 252.247-

PASS-THROUGH OF MOTOR CARRIER FUEL SURCHARGE ADJUSTMENT TO THE

COST BEARER (JAN 2023) IBR

DFARS 252.247-

TRANSPORTATION OF SUPPLIES BY SEA BASIC (JAN 2023) 76-79

DLAD 5452.233-

DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN

2020) IBR

SECTION I SUPPLEMENTS

DEFINITIONS 79-80

TAX EXEMPTIONS 80

DELIVERY-ORDER LIMITATIONS (PCS) 81

MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS 81

Section J- List of Attachments

THE FOLLOWING ATTACHMENTS ARE INCLUDED IN THIS SOLICITATION:

PROVISION/CLAUSE TITLE ATTACHMENT

SCHEDULE OF SUPPLIES A

HAWAII SMALL BUSINESS SET-ASIDES B

HAWAII GOVERNMENT PREFERRED BASE REFERENCE INDEXES AND ESCALATORS C

ALERNATE ESCALATOR POSTING HISTORY INSTRUCTION WORKSHEET D

ALERNATE ESCALATOR COMPANY POSTING 12 MONTH HISTORY SPREADSHEET E

QUALITY ASSURANCE PROVISIONS C-QAPS F

QUALITY ASSURANCE PROVISIONS E- QAPS G

FUEL SOURCING DATA SHEET H

AMPS REQUEST FOR ROLE GUIDE I

REQUESTING THE OET VENDOR ROLE IN AMPS GUIDE J

PCS OET VENDOR GUIDE K

SAMPLE LETTER OF COMMITMENT AND INSTRUCTIONS L

SMALL BUSINESS SUB-CONTRACTING PLAN FORM M

HAWAII OPTIONS PRICING SUBMISSION SPREADSHEET N

Section K- Representations, Certifications, and other Statements of Offerors or Respondents

FAR 52.204-16

COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

83-84

FAR 52.204-24

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) 84-86

FAR 52.204-26

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES

REPRESENTATION (OCT 2020) 86

FAR 52.204-29

FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023) 86-87

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) 87-89

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 89-90

FAR 52.209-11

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB

2016)

90-91

FAR 52.212-3

OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

PRODUCTS AND COMMERICIAL SERVICES (Oct 2025) 91-103

DFARS 252.203-7005

REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2022) 103-104

DFARS 252.204-7016

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (DEC 2019) 104

DFARS 252.204-7017

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES – REPRESENTATION

(MAY 2021)

104-105

SECTION K SUPPLEMENTS

SMALL BUINESS PROGRAM REPRESENTATIONS

RELEASE OF PRICES 105

AUTHORIZED NEGOTIATORS 105

Section L- Instructions, Conditions and Notices to Offerors or Respondents

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024) 106-107

FAR 52.204-8 ANNUAL REPRESENTATION AND CERTIFICATIONS (JAN 2025) 107-111

FAR 52.212-1

INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

111 -115

FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) 119

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 119

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016) 119-120

DFARS 252.215-7008 ONLY ONE OFFER (DEC 2022) 120

DFARS 252.219-7000 ADVANCING SMALL BUSINESS GROWTH (JUN 2023) 121

DLAD L06 AGENCY PROTEST (DEC 2016) 121

SECTION L SUPPLEMENTS

EVIDENCE OF RESPONSIBILITY 121

NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE

DELIVERY OF PRODUCTS 122

Section M- Evaluation Factors for Awards

FAR 52.212-2

EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021) 122-124

SECTION M SUPPLEMENTS

EVALUATION OF OFFERS WHERE ALTERNATE ESCALATORS ARE USED 125

CONVERSION FACTORS 125-127

EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) 127-128

SECTION B- SUPPLIES OR SERVICES AND PRICES/COSTS

FAR 52.216-2 ECONOMIC PRICE ADJUSTMENT—STANDARD SUPPLIES (NOV 2021)

(a) The Contractor warrants that the unit price stated in the Schedule for ____ [offeror insert Schedule line item number] is not in excess of the Contractor's applicable established price in effect on the contract date for like quantities of the same item.

The term unit price excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term established price means a price that (1) is an established catalog or market price for a commercial product sold in substantial quantities to the general public, and (2) is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor's established price, and this contract shall be modified accordingly.

(c) If the Contractor's applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor's written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 350 percent of the original contract unit price.

(2) The increased contract unit price shall be effective (i) on the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor's written request within 10 days thereafter or (ii) if the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor's written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) above, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) above.

(End of clause)

SECTION B SUPPLEMENTS

SUPPLEMENT: ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG PRICE (ALASKA/HAWAII)

(a) WARRANTIES. The Contractor warrants that–

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

(2) The prices to be invoiced hereunder for listed items shall be computed in accordance with the conditions of this contract provision.

(b) DEFINITIONS. As used throughout this contract provision, the term–

(1) Award price means the unit price offered for the item of supply identified by the item number.

(2) Established catalog price (also commonly known as posted price) is the price with which the award price is to fluctuate. The established catalog price is a price for a commercial item sold in substantial quantities to the general public and is the net price after applying any standard trade discounts offered by the Contractor. Accordingly, changes in the discount shall be treated as a change in the established catalog price, provided such discount is offered in substantial quantities to the general public.

(3) Date of delivery means–

(i) FOR TANKER OR BARGE DELIVERIES.

https://www.ecfr.gov/current/title-48/section-52.216-2#p-52.216-2(c)

(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 ALL OTHER TYPES OF DELIVERIES. The date product is received on a truck-by-truck basis.

(c) ADJUSTMENTS.

(1) NOTIFICATION. The Contractor shall notify the Contracting Officer of any change in the established catalog price within 10 days from the effective date of such change.

(2) EVIDENCE OF CHANGE IN CONTRACTOR’S ESTABLISHED CATALOG

(POSTED) PRICE. The price change notification shall include written documentation sufficient to justify such change. If the change in the Contractor’s established catalog price results from a change in a supplier’s price, the Contractor shall include a copy of the supplier’s notice or invoice which clearly shows the supplier’s name, the increase/decrease in price or invoice price, the applicable product, and the effective date of the change. In the event the Contracting Officer determines the justification insufficient to warrant such a change, the Contractor will be notified within three working days of DLA Energy’s receipt of the price change notification. The Contractor shall continue performance under this contract until the situation is resolved in accordance with paragraph (d), Disputes of the CONTRACT TERMS AND CONDITIONS – PRODUCTS AND COMMERCIAL SERVICES clause of this contract.

(3) CALCULATIONS. The prices payable under this contract shall be the award price increased or decreased by the amount that the established catalog price increased or decreased through the date of delivery. The amount of increase or decrease in the award price shall be used on the same number of cents, or fraction thereof, that the established catalog price increases or decreases per like unit of measure.

(4) NOTIFICATIONS. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DLA Energy web page at http://www.dla.mil under the heading Vendor Resources and then Product Price Adjustments in accordance with the following:

(i) The effective date of the price change notification will be the date of the latest posting issued on or prior to the date of delivery.

(ii) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the established catalog price within the allotted 10-day period, such decrease shall apply to deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease in the established catalog price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – PRODUCTS AND COMMERCIAL SERVICES clause of this contract.

(iii) INCREASES. Any increase in unit price as a result of an increase in the established catalog price shall apply to all deliveries made on or after the effective date of the price change issued by the Contracting Officer. However, no notification incorporating an increase in a contract unit price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.

(4) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract provision, 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 PRODUCTS AND COMMERCIAL SERVICES clause of this contract, or is the result of an allocation made in accordance with the terms of the ALLOCATION clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(5) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price shall not exceed _350_ percent of the award price, except as provided hereafter: If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract provision will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with an appropriate explanation and documentation as required by the Contracting Officer.

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

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

(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 provision.

SECTION C- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

See Attachment F - Quality Assurance Provisions C-QAPs for the full text clauses.

SECTION D- PACKAGING AND MARKINGS

SUPPLEMENT: DRUMS, CONTAINERS, AND PACKAGING

(a) Property Administrator, as used herein, means the individual so designated in the contract Schedule or pursuant to the following:

(1) ARMY, NAVY, OR MARINE CORPS PROPERTY. By the Ordering Officer.

(2) AIR FORCE PROPERTY. By the Director of Air Force Aerospace Fuels.

(b) The following requirements apply to containers:

(1) For overseas posts, camps, and stations, all 55-gallon drums to be furnished under this contract by the Contractor shall be filled and marked in accordance with the Level B requirements of MIL-STD- 290E dated 1 May 1981 and Change Notice 2 dated 1 August 1985. All other containers and packaging to be furnished under this contract by the Contractor shall conform to and be filled and marked in accordance with Level A requirements of MIL-STD-290. New drums and containers shall be required unless otherwise specified in the Schedule. (Reconditioned drums and the Contractor’s colors will not be accepted unless specifically permitted.) If the Schedule indicates that drums are "resaleable," the drums shall be subject to return to the Contractor at the point where they were received and the Contractor will be so notified. The Contractor shall allow the Government the amount specified in the Schedule. Notwithstanding any of the foregoing provisions to the contrary, the Contractor shall not be required to accept the return of any drums, without bungs or not in the same condition, except for reasonable wear and tear, as when delivered to the Government.

(2) For both overseas and domestic requirements, phosphate coatings are acceptable for use on drums and 5-gallon cans used for filling lubricating oils except that phosphate coatings shall not be used on interiors of drums and cans used for filling MIL-L-17331 lube oils, nor shall such drums and cans be fitted with zinc-coated closures. The interiors of these drums and cans shall also be free of fogging oils. The unit prices for the product to be furnished therein include the cost of such drums or containers, which shall become the property of the Government upon acceptance of the product contained therein.

(c) Where the Schedule provides for delivery to be made in Contractor-furnished 55-gallon returnable drums, such drums shall be of standard commercial quality suitable for shipment and storage of the product contained therein. Drums that are emptied within the allowable free period specified in the Schedule will be returned to the location where they were accepted by the Government, and the Contractor will be notified that they are available for pickup. For drums not returned within the allowable free period, the Government will pay as a deposit, upon receipt of the Contractor’s invoice therefor, the amount per drum stated in the Schedule. However, if such drums are thereafter returned within the allowable return period specified in the Schedule to the point where they were received and the Contractor is so notified, the Contractor shall refund to the Government the amount of the deposit. If the drums have not been returned at the end of the return period specified in the Schedule, title thereof shall pass to the Government and the amount of the deposit shall be forfeited. Notwithstanding any of the foregoing provisions to the contrary, the Contractor shall not be required to accept the return of any drum which is not in the same condition as when delivered to the Government, except for reasonable wear and tear. For any such drums which the Contractor is not required to accept upon return, the Government will pay, upon receipt of Contractor’s invoice therefor, the amount per drum stated in the Schedule. Upon such payment, title to the drums shall pass to the Government.

(d) The Contractor shall mark and fill all Government-furnished drums in accordance with MIL-STD-290E, dated 1 May 1981, and Change Notice 2 dated 1 August 1985.

(e) Where the Schedule provides that the Government will furnish 55-gallon drums–

(1) The Contractor shall unload all drums furnished by the Government under this contract.

The delivery or performance dates for the supplies or services to be furnished by the Contractor under this contract are based upon the expectation that…