Solicitation SPE605-21-R-0225.pdf

SPE605-21-R-0225 Page 1 of 125

COMBINED SYNOPSIS/

SOLICITATION ISSUED August 26, 2021

Part: U.S. Government Procurements

Subpart: Supplies, Equipment, and Materials

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

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

Subject: Turbine Fuel, Aviation, Jet A-1 (JA1), Diesel Fuel 10PPM SULF (SFD)

Solicitation Number: SPE605-21-R-0225

Question Due Date: September 1, 2021, 11:00 AM local Ft. Belvoir time.

Reponses Due: September 28, 2021, 3:30 PM local Ft. Belvoir time.

Point of Contact: Romeo Smith, Phone number:571-459-8479 Email:Romeo.Smith@dla.mil

Contracting Officer Point of Contact: Pamela Barber, Phone: 571-212-0777, Email:

Pamela.Barber@dla.mil.

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

Description of Requirement: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 and 13.5, as supplemented by additional information included in this notice. This acquisition is unrestricted. This announcement constitutes the only solicitation and additional information will not be provided. Proposals are requested under Request for Proposals (RFP) SPE605-21-R-0225 for item listed under B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012) The performance period for this requirement is from the November 1, 2021 to October 31, 2024 for line item 0001 and 0001.

Delivery is FOB Destination. Offerors are advised that the Government reserves the right to award multiple contracts under this request for proposals. DLA Energy may conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production, financial and quality assurance capabilities.

Specific Instructions:

(1) Offerors shall provide name, title and contact information of person(s) authorized to sign offer and negotiate with the Government in connection with this solicitation under K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007). Additional requirements may be added by future amendments to this solicitation.

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

Instructions for account registration and training can be found at www.jccs.gov. All vendors and subcontractors are required to submit their JCCS registration number with their offer. Government may reject an offer if the vendor or any of its subcontractors have not registered in JCCS and uploaded all required documents by the deadline for receipt of proposals. Awards will not be made to any vendor not in JCCS nor to any vendor whose subcontractors are not registered and approved in JCCS. Instructions for account registration and training can be found at www.jccs.gov.

(3) This RFP incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-83.

(4) Award for this requirement will be made to the lowest-priced and technically acceptable offeror. DLA Energy reserves the right to conduct discussions prior to award and reserves the right to make multiple awards as a result of this RFP. DLA mailto:Pamela.Barber@dla.mil http://www.energy.dla.mil/ http://www.jccs.gov/

SPE605-21-R-0225 Page 2 of 125 reserves the right to not award to the lowest price offeror if they are not deemed technically acceptable. Any deviation from the terms, conditions, or requirements of this RFP may result in offers being determined ineligible for award. Potential offerors are encouraged to submit any questions regarding this solicitation to the DLA Energy Point of Contact during the question-and-answer period from August 16, 2021 through August 20, 2021. Responses to all questions will be provided to all interested parties via an amendment and posted to SAM.GOV (www.sam.gov).

Special Instructions:

(1) FAR provision 52.212-3 Offeror Representations and Certifications-Commercial Items (FEB 2021) applies to this acquisition. Offerors shall complete this provision in the System for Award Management (SAM). SAM is an official U.S. Government system, and all offerors are required to be registered in this system. There is NO fee to register for this site. Please provide your CAGE Code from SAM with your offer.

(2) Offerors shall complete and submit Attachment 1 (Subcontractor Owner and Employee Data Sheet) Attachment 2 (Fuel Source Data Sheet) and Attachment 3 (Contractor Past Performance Data Sheet).

(3) Offerors shall submit a copy of a certificate of analysis for all products offered from their supplier/refinery with their offer. The certificate of analysis should have test results of a recent batch of the required products. Please read section M for technical acceptability requirements and evaluation criteria.

(4) Please ensure to read additional “special notes”, which can be found on pgs. 7-11 for any other documentation and guidelines that is required specifically not mentioned in this section.

The Government contemplates award(s) of a Fixed Price Requirements contract with Economic Price Adjustment resulting from this combined synopsis/solicitation for delivery to various locations within Yemen. After award, the contract price for all CLINs will escalate/de-escalate monthly in accordance with solicitation provision B-0002- B19.02 ECONOMIC PRICE

ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012).

Questions to this solicitation must be received by 11:00 AM local time (Ft. Belvoir, VA) on September 1, 2021. Proposals must be received no later than 3:30 PM local time (Ft. Belvoir, VA) on September 28, 2021. Offers may be submitted via email to all of the following DLA-ENERGY-PCA@dla.mil, Romeo.Smith@dla.mil . When submitting offers, please note the RFP number SPE605-21-R-0225 in the subject line of the email. Please note that the offeror assumes all risk for any delay in the transmission of their proposals. Any offers received after the above deadline will not be considered. All offerors are encouraged to review FAR 52.212-1 INSTRUCTIONS TO OFFERORS and solicitation provision L-0001 L2.11-4 EMAIL PROPOSALS. All offerors are further encouraged to submit their proposals early. Offerors will receive an e-mail from DLA Energy confirming receipt of proposal. If an offeror does not receive an email confirming receipt of proposal by DLA Energy, call the contract specialist.

mailto:DLA-ENERGY-PCA@dla.mil mailto:Romeo.Smith@dla.mil

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TABLE OF CONTENTS

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA

ENERGY JAN 2012)

B-0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN

2012)……………………

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

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

ENERGY MAR 2017)

2. ADDITIONAL REQUIREMENTS

C-0002 C16.64-1 TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE)

(ROCKY MOUNTAIN /WEST) (WESTPAC) (ATL/EUR/MED) (PC&S) (DLA ENERGY NOV 2015)

Error! Bookmark not defined.

SECTION E – INSPECTION AND ACCEPTANCE

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

DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

E-0001 E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013)

E-0002 E21.01 POINT OF INSPECTION (JUN 2015)

E-0003 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY

JUL 2013) ………………………………………………………………………………………………….22

E-0004 E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

E-0005 E33.07 MANUFACTURING AND FILLING POINTS (DLA ENERGY MAR 2006)

E-0006 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

E-0007 E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY DEC

2011)……………………

E-0008 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 AND PERFORMANCE

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

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

F-0001 F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND

TRAILERS, AND TANK WAGONS (DLA ENERGY JAN 2012)

F-0002 F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997)

F-0003 F1.09-8 DETERMINATION OF INVOICE QUANTITY (PC&S) (MIDDLE EAST) (DLA

ENERGY SEP 2005)

F-0004 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014) ... 32

F-0005 F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND

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

F-0006 F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA

ENERGY APR 2005)

F-0007 F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002)

F-0008 F30.01 ORDERING AND PAYING OFFICERS (OVERSEAS PC&S) (DLA ENERGY APR

1998)

F-0009 F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005)

SECTION G - CONTRACT ADMINISTRATION DATA

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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G-0002 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE

WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012)

SECTION I – CONTRACT CLAUSES

FAR 52.203-3 GRATUITIES (APR 1994) ………………………………………………………………..39

FAR 52.23.-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)…………………………………………………………………………….39

FAR 52.203-19 PROHIBITATION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS ON STATEMENTS (JAN 2017)………………………………………………………...42

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

FAR 52.204-18 - COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

FAR 52.204-21 – BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016)

FAR 52.204-25 PROHIBITATION ONCONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVELLANCE SERVICES OR EQUIPMENT (AUG 2020)………………………….. 45

FAR 52.242-13 BANKRUPTCY (JUL 1995)……………………………………………………………48

FAR 52.209-9 – UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018) (41 U.S.C. 2313)…………………………………………...48

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

(DOMESTIC/OVERSEAS/IRAQ PC&S) (PORTS INTERNET APPLICATION) (TAILORED) (DLA

ENERGY) (OCT 2018)

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

OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2020)

FAR 52.216-18 – ORDERING (OCT 1995)

FAR 52.216-21 – REQUIREMENTS (OCT 1995)

FAR 52.222-56 – CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE

PLAN (MAR 2015)

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

FAR 52.232-17 – INTEREST (MAY 2014)

FAR 52.233-3 -- PROTEST AFTER AWARD (AUG 1996)

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(SEP 2013)………………………………………………………………………………………………….61

DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)……………61

DFARS 252.204-7004 ANTITERRORISM AWARENESS TRAING FOR CONTRACTORS (FEB

2019………………………………………………………………………………………………………………………………………………………..62

DFARS 252.204-7012 - SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (OCT 2016)…………………………………………………………………

DFARS 252.204-7015 - NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT (MAY 2016)…………………………………………………………………...66

DFARS 252.204-7018 PROHIBITATION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021)……………………………….66

DFARS 252.204-7020 NIST SP 800-171 DoD ASSESSMENT REQUIREMENTS (NOV 2020)….. .…67

DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED

BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT

2015)……………………………………………………………………………………………………….70

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)……………………………

DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE

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CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)…………………………………..….70

DFARS 252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2015-

O0016) (AUG 2020)

DFARS 252.225-7975 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR

RECORDS (DEVIATION 2020-O0022)(AUG 2020)

DFARS 252.225-7975 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES

CENTRAL COMMAND AREA OF RESPONSIBILITY. (DEVIATION 2017-O0004) (SEP 2017)

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

CONTRACTOR EMPLOYEES OPERATING IN THE CENTCOM AREA OF RESPONSIBILITY

(AOR) (JUN 2015)

C-JTSCC 5152.225-5916 MANDATORY ELIGIBILITY FOR INSTALLATION ACCESS (OCT

2015)………………………………………………………………………………………………………..80

DFARS 252.232-7003 - ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DEC 2018)

DFARS 252.232-7010 - LEVIES ON CONTRACT PAYMENTS (DEC 2006)

DFARS 252.232-7011 - PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENCY

OPERATIONS (MAY 2013)

DFARS 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997)

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

I-0002 I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DLA ENERGY

JAN 2012)

I-0003 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL

ITEMS (DLA ENERGY FEB 1996)

I-0004 I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA

ENERGY FEB 2009)

I-0005 I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY

APR 2006)

I-0006 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

I-0008 I385 NOTIFICATION OF CONTRACTING OFFICER IN THE EVENT OF DISCOVERY OF

EVIDENCE OF FRAUD UNDER THE CONTRACT (DLA ENERGY JUL

2008………………………………………………………………………………………………

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JULY 2016)………….……………………...86

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SERVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)………………

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (OCT 2020)…………………………………………………………………………89

FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)………..89

RESPONSIBILITY MATTERS (OCT 2018) (41 U.S.C. 2313)…………………………………………. 90

FAR 52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS

(OCT 2018) ………………………………………………………………………………………………..90

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (NOV 2011)……………………………………………………………………………..…..107

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE (NOV 2014)

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

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

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SERVICES- REPRESENTATION (DEC 2019)……………………………………………………...….108

DFARS 252.204-7017 PROHIBITATION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES – REPRESENTATION (DEC 2019)…... 108

DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (JUN

2019)……………………………………………………………………………………………………

K-0003 K86 FOREIGN TAXES (DLA ENERGY NOV 2014)………………………………………….109

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

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

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (TAILORED)

(DLA ENERGY) (OCT 2018)…………………………………………………………………………

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

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)……………………….114

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

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016)……………………………………………………………..114

DFARS 252.204-7019 NOTICE OF NIST SP 800-171 DoD ASSESSMENT REQUIREMENTS (NOV 2020)………………………………………………..…………………………………………………….115

FAR 52.232-38 -- SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH

OFFER (JUL 2013)

DLAD 52.233-9000 AGENCY PROTESTS (NOV 2011)

DLAD 52.233-9001 DISPUTES AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

(ADR) (DEC 2016)

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

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

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

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

SECTION M – EVALUATION FACTORS FOR AWARD

FAR 52.212-2 -- EVALUATION -- COMMERCIAL ITEMS (OCT 2014)

M-0001 M3.01 EVALUATION OF OFFERS WHERE UNCOMMON ESCALATORS ARE USED

(DLA ENERGY JAN 1998) ...................................................................... Error! Bookmark not defined.

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

M-0003 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR

1997……………

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY

JAN 2012)

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

(b) In an emergency, oral orders may be issued and must be confirmed in writing by a Standard Form 1449 or DD Form 1155

SPE605-21-R-0225 Page 7 of 125 within 24 hours.

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as N/A-year requirements.

SUPPLIES DELIVERY POINTS ESTIMATED OFFER

ITEMS AND METHOD OF DELIVERY QUANTITY (USG) PRICE ($/USG)

0001 $______________/USG Turbine Fuel, Aviation, Jet A-1 (JA1) 2,343,600

NSN: 9130-00-753-5026

Method of Delivery: Tank Truck with pump and meter Delivery Location: Ar Riyan, Yemen Delivery hours: Monday through Sunday 0700-0800 Delivery Notes: Due to Force Pro and courtesy to the Partner Nation, prior coordination is required before delivery. Delivery frequency is three (3) times per month at 21,700 gallons per delivery (X 3 times per month= 65,100 per month). JA1 deliveries will be delivered to fuel bladders and/or M978 (HEMTT's).

0002 Diesel Fuel, 10 PPM SULF (SFD) 468,000 $______________/USG

NSN: 9140-01-556-9156

Method of Delivery: Tank Truck with pump and meter Delivery Location: Ar Riyan, Yemen Delivery hours: Monday through Sunday 0700-0800 Delivery Notes: Due to Force Pro and courtesy to the Partner Nation, prior coordination is required before delivery. Delivery frequency is three (3) times per week, 1,000 gallons each delivery (3 times per week X 52 weeks = 156 deliveries per year). Diesel to be delivered to multiple tanks on camp.

CLINs 0001, and 0002 will be evaluated and awarded on an all or none basis. The successful offeror will be the lowest price technically acceptable offeror based on the total for both CLINs. Offerors must offer on both CLINs in order to be eligible for award.

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

NAME OF SIGNATORY (TYPE OR PRINT):______________________________________________________________

OFFEROR SIGNATURE: __________________________________________ DATE: ______________________________

SPECIAL NOTES:

1. Close coordination with site personnel and DLA Energy Middle East Office is required prior to each delivery. Contractor shall have all necessary equipment to facilitate downloading fuel into storage apparatus for each line item.

2. Offerors submitting electronic responses to this solicitation must limit email size to 10MB for a single email. Emails over 10MB may not be delivered because of server restriction on mail size for delivery.

3. Offerors note: DO NOT include any taxes in offered prices for which the U.S. is tax exempt.

4. Contractor shall provide the tank batch certificate of quality (COQs) represented for all fuel deliveries under the resultant contract/order to the DLA Energy Middle East Office at DESC-ME.quality.dla.mil for approval prior to any deliveries. In addition, provide certificate of quality (COQs) to the customer at the time of delivery. A DD250 is to be used as the bill of lading to which the following be included for all products: temperature, density, corrected density and corrected quantities (if required) on all shipment documents.

5. Any violation of the Iran Sanctions Act is strictly forbidden. Contractor shall not source nor blend any portion of the fuel destined for DLA Energy with refined fuel products sourced from Iran. In accordance with FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (FEB 2021), by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act.

6. Exceptions: Any exceptions the offeror takes to the terms and conditions of the solicitation must be submitted with the offer. Offerors shall submit all exceptions taken in list format. Only exceptions detailed in the offer will be treated as exceptions to the terms and conditions of the solicitation. Any exceptions taken by the offeror will be considered by the Government and either accepted or rejected.

SPE605-21-R-0225 Page 8 of 125

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

7. Offerors must submit pricing in unit price/per gallon format: Example: ($0.000000/USG)

9. Source, in this contract, as determined for government acceptance, is defined as the location of the storage tank(s) from which the product(s) will be loaded into trucks and directly delivered to the customer’s destination as stated in the schedule of this contract.

a. Acceptance storage tanks should be within the borders of the country for which the major requirements are located.

However, delivery from an identified, outside of the country, storage location to end user locations can be used and acceptable as long as this delivery route is listed on the vendor’s supply chain map/plan and the proper certificates of quality or analysis are presented to the region Quality Manager or QAR for acceptance in accordance with below guidance.

b. Offeror will need to inform the contracting officer of the location in which the products will be stored and sampled, for acceptance purposes, along with the distance the storage location is from the delivery locations.

c. Offeror will also inform the contracting officer of their commercial laboratory which will be used to perform acceptance testing prior to acceptance by the government.

i. All commercial laboratories to be used for acceptance testing must be approved by the U.S. Government.

ii. The Government will be provided, for evaluation and acceptance, the name of the laboratory to be used, the expected capabilities of that lab (full specification, etc.) for each product, a good point of contact name, phone number, laboratory location address, and email address.

iii. Samples of their certificates of analysis (redacted) will be provided to the government for evaluation. Certificate of analysis should reflect the same information as that listed in section 14 below and the examples provided.

iv. Offeror can expect a quality visit to their proposed laboratory if the laboratory has not already been vetted and accepted by the Government in the past.

v. If the offeror possesses their own laboratory, can perform full specification testing in accordance with the specification requirements and want to use that lab for this contract and acceptance purposes, the lab will have to be vetted and approved by use, by the U.S. Government, prior to the beginning of the performance period.

vi. The use of a third party inspection contractor may be used to assist DLA Energy Quality in witnessing and verification of laboratory testing and equipment calibrations/standardizations for contractor owned laboratories.

1. Contract awardee(s) that plan on using their own laboratories will allow entry to any DLA Energy, third party inspection contractors, just like they would any DLA Energy QAR or representative stated in contract provision(s) FAR 52.246.2 and E21.01.

2. Failure to do so will result in the awardee(s) to have to use an outside, commercial lab for all of their “acceptance” testing.

10. The Fuel Source Data Sheet attached will be used to show all of the refineries or terminal sources where the offeror is sourcing the fuel to be provided to the U.S. Government.

a. This requires not only the refineries or terminal sources but the contractor’s “acceptance” storage tanks as well.

b. Under “Country of Origin” on the Fuel Source Data Sheet, type or write “acceptance” beside the country name. Then under “Destination Country” please include any outside locations included in the schedule in which that source may deliver to.

11. Offeror will need to provide letters of commitments from all sources of supplies, transportation sub-contractors, laboratories, and any other sub-contractors (storage, operations, drivers, etc.) from which they will require assistance in order to fulfill this contract and its requirements.

a. Letters of commitment will be on sub-contractor, lessor, and/or supplier’s letterhead and in the format listed in attachment # 4. The commitment letter must also state how soon before the start of the performance period the sub-contractor will be fully available for access and use by the offeror.

12. In order for the offeror to demonstrate that they possess the technical capability to provide the fuel (all products in the schedule) which meets the required specification(s), the offeror, with their supply commitment letters, must present either a current, full specification Refinery Certificate of Quality (COQ) or a recertification certificate of analysis (COA) if sourcing from a location which blends several batches from more than one refinery source (terminal). All COQ/COAs should be presented in a format which resembles that of the one listed in ASTM D1655, figure X3.2 or the commercial laboratory sample provided. These certificates will be on refinery or commercial laboratory letterhead and signed and dated like the certificates of analysis listed below.

a. Certificates of Analysis will contain the source information (location, tank number, lot or batch number, etc.), specification tested to, along with the test methods used for testing.

b. To be acceptable for evaluation, the certificate will also be signed and stamped by the laboratory manager and be within 30 days of submission from a batch out of the terminal storage tank(s) or refinery batch tank(s) to be used for actual supply.

c. If the supplier is purchasing products from a terminal that receives and blends several different refined products from multiple refineries/sources, a list of those refineries/sources as part of that batch blending will be submitted for traceability purposes and should be included on the Fuel Source Data Sheet, if room or on a separate attachment stating that these are refineries used in the blending of that product.

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d. Partial quality certificates (with less than the required or listed characteristics tested, as listed in the specification) and manufacturer/product specification sheets will not be accepted.

e. All test certificates submitted shall be translated into English and will be in the same format as required by the original.

The original, non-English version will need to accompany the translated version and the offer must ensure that they are one in the same.

f. Translated version must be signed and stamped by the person that translated and the method of translation included.

13. At this time, for contracts outside of Iraq and Afghanistan, product(s) production and/or recertification specifications are normally to country specific specifications. Normally, these specifications are created to replicate the minimum number of characteristics to be tested in accordance with their export audience (EN 590, EN 228, Def Stan 91-091, and Def Stan 91-090, to name a few). DLA Energy DQ and the customers’ service control points have already vetted the quality of these products and what their specifications represent and have received approval to accept these products from these countries.

a. These specific country COA/COQs will be accepted during the technical evaluation process of the offer, but must be presented on the official country ministry letterhead with a country assigned specification number assigned to it.

i. These COA/COQs will be allowed for submission for day-to-day operations, acceptance testing and other quality assurance operations.

ii. If unable to provide the above, offeror will need to provide a full specification (the contract specification), third party COA/COQ, not only during the evaluation/offer period, but also throughout the day-to-day operations, acceptance testing and other quality assurance operations.

b. If the offeror uses and provides the country specific COA/COQ for the above, the offeror must also present, during the offer/evaluation process, a full specification (the contract specification), third party COA/COQ.

i. Due to the country specific specifications and testing not containing all of the results of the contract specification(s), and in order to support and protect the customers and their equipment, the full specification test results will need to be received and maintained in order for the customer to have traceability of certain concerning characteristics.

ii. The offeror, if awarded a contract, must provide not only the above requirement during the offer/evaluation but must also conduct the full specification, third party COA/COQ two more times each year of the performance period.

iii. The region Quality Assurance Manager will submit the request for these during the performance period.

c. Offerors will not need to submit an exception or deviation requests if using the country specific specifications and following the remainder of section 15 instructions above, but will have to submit an exception or deviation request if resorting to section 15, a, ii. above.

i. Offerors will have to provide a detailed reason behind the need for the exception or deviation request, along with their way forward with meeting the requirements of this contract, and the duration of the exception or deviation request.

14. All products, once received at the offeror’s “acceptance” storage tank(s) as stated above and prior to loading into trucks and delivering to the end user, will have to meet the product specification(s) listed in this contract and be submitted to the regional Quality Manager or QAR prior to being released for shipment.

a. DLA Energy Quality Assurance, specifically for aviation fuels, will be covered under Alternate Release Procedures (ARP) and requires all product(s) be inspected and approved (accepted) by a QAR prior to being released for shipment.

i. The DLA Energy Regional Quality Manager may dictate that all products under this contract be handled under ARP and require acceptance prior to their shipment.

b. Contract awardee(s) will be provided with an ARP letter stating the requirements for product quality acceptance and other instructions to be followed during the performance period of this contract.

c. Once individual storage tank inventory, during the entirety of the performance period, is depleted and fresh product is received into that storage tank(s), a new batch sample and acceptance testing will need to be completed prior acceptance and release for delivery to the government.

15. The offeror must provide a map or chart showing the entire supply chain of the product(s), from source to final delivery. The offeror must also show this plan as part of their ability to supply on specification product(s) in their quality control plan (QCP) and/or standard operating procedures/statement of work (SOP/SOW) required below.

16. Offeror will provide transportation plans which shall include details as to how the offeror will move fuel through the entire supply chain. The emphasis will be on the details provided for transportation of the product from the in-country intermediate storage sites to the customer’s delivery location(s). Descriptions of leased or owned transportation modes for movement of product(s) from source to the intermediate storage locations should, at minimum, included the type of transportation, the numbers made available, the sub-contractor to be used and what areas of the supply chain they will cover.

17. Offeror will need to provide a list of the tank trucks which will be utilized for this contract.

a. Tank Truck list will include the make and model of the truck, capacities, the plate and registration/vehicle identification number (VIN) numbers, the model year, whether the tank is epoxy coated or not and if the trucks are dedicated to a specific grade of fuel and that grade of fuel it will carry.

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b. Offerors will need to provide lists of drivers and the vehicles they will be assigned to after award. List will need to have drivers’ full names, identification numbers, and trucks they will be assigned to. Offeror may also have to provide further information to the Government and/or customer locations to allow entrance and do background checks.

c. For offeror owned assets, the list of assets with the information required under section 19 a. above, is the only thing required, no letter of commitment.

d. Except for the letters of commitment and the asset lists, the transportation plan can be submitted separately or be submitted as part of the QCP and/or the SOP/SOW. If part of the QCP and/or SOP/SOW, the offeror will state that in their offer.

18. Offeror will need to provide detailed descriptions/plans of all primary and alternate storage and distribution systems, both leased and owned, to be used for the entirety of the performance period.

a. To demonstrate the offeror’s ability for sufficient storage, the offeror will need to provide details of the storage facilities to be used, whether primary or alternate

i. Storage tank lists will include the tank numbers, max capacities each can hold, if they are rigid (steel, aluminum, etc.) or bladders, whether they are segregated or on common lines, and the grade of fuel each will hold. Offeror will also have to express the max quantity(s) of each grade made available to the government for the entirety of the period of performance.

b. The offeror will also show the storage facilities ability as to how many trucks it can up-load and/or down-load in a 24 hour period, if it can support filling customer tank trucks, and all laboratory capabilities, either owned or contracted out, and their testing capabilities for ensuring product quality is met prior to final delivery to the customer.

c. The offeror will provide their proposed storage capacity and proximity to each solicited location, and the offeror’s ability to provide operational storage and supply arrangements that are proposed to insure the intermediate reserve products are available throughout the term of the contract.

i. Proximities to be provided will include the distance and time to destination of all the customers listed in the solicitation schedule.

d. Except for the letters of commitment and the facilities asset lists, the supply/distribution plan can be submitted separately or be submitted as part of the QCP and/or the SOP/SOW. If part of the QCP and/or SOP/SOW, the offeror will state that in their offer.

19. A quality control plan (QCP) and/or standard operating procedure/statement of work (SOP/SOW) will be provided in the offer in order to show the offeror’s ability and capability to assure the quality of the product remains within contract specifications from origin to destination.

a. The quality control plan must meet the requirements of the solicitation/contract provision E1, section (b)(3). A QCP is required, for all products, if the attached schedule includes any aviation fuel (JA1, Avgas, etc.). If no aviation fuel, the offeror will only have to submit their standard operating procedures/statement of work.

i. These SOP/SOWs, at minimum, will describe how the offeror or its sub-contractors will ensure quality of the product throughout the supply chain.

ii. The QCP will be evaluated for its ability to show the steps to be taken for quality assurance and surveillance throughout the supply chain and how well it incorporates the elements required by the E1 provision.

iii. The contractor must also show that any sub-contractors will be utilizing and adopting those procedures and that the primary contractor understands that the QCP will be updated and revised to meet the unique requirements of this solicitation and approved and signed by the region’s quality manager prior to first order off this contract.

iv. The offeror must also provide standard operating procedures for the proposed operation of their transportation and storage distribution segments of this contract if those procedures are not incorporated into their QCP.

20. Offeror will submit a detailed description of their alternate supply chain, to include distribution and storage, from vendor source to final destination.

a. The offeror’s will need to show, through similar lists and plans to be submitted for their primary support listed in the above paragraphs, their ability to provide alternative sources of supply in the event of geo-political shifts, political uprisings, poor weather and road conditions, refinery constraints or any other contingency that would prevent delivery from the primary source of supply.

b. The alternate supply chain must be shown to be distinct and separate from their primary chain(s) and all items require in paragraphs 11 thru 19 above.

c. The offeror’s ability to provide alternative sources and the ability to continue contract requirements shall be shown on the same map or chart required above and must also be included in their QCP and/or SOP/SOW.

21. Offeror is responsible read and understand all of the requirements set in this solicitation and these special notes. Offeror is also responsible for submitting all attachments and offers that show that they understand these requirements and any specifications or instructions are going to be met. If the offeror discovers deficiencies or non-compliance to these solicitation requirements and/or specifications, the offeror must present an exception or deviation request similar to that stated in section 15 above and in accordance with solicitation provision E35. If offeror has some sort of “shortcoming” with meeting a portion or portions of the requirements and plan on having it resolved and meet the requirements as stated, the offeror should provide a “letter of intent” to the contracting officer with the offer.

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a. Letter of intent will provide the portion of the requirement(s) unable to meet at the time, how and what the offero plans on putting in place to meet the requirement(s), and the date (before the start of the performance period) they plan on having in place and meeting the requirement, if awarded.

b. Letter of intent must be provided only to the contracting officer assigned to this contract. If pre-award survey is scheduled, offeror must provide the information with regard to their letter of intent but must not hand over any letters to the QAR conducting the survey.

22. In contract provision C-0002 C16.18-2 FUEL OIL, DIESEL (OVERSEAS) (DLA ENERGY FEB 2016), the following language is added under Middle East in the table under (a) FUEL OIL, DIESEL (DF2): “CFPP Limit: -15 C Max year round. Winter grade diesel will be sourced year round.”

B-0002 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 provision; and

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

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

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

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

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

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

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

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is--

[ ] (i) The low price published in _________________________________________________________.

(name of publication)

[X] (ii) The average of the prices published in ____PLATTS OILGRAM_____________________________.

[ ] (iii) The established price posted by ______________________________________________________ and (name of company) published in _________________________________________________________

(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used.

NOTE: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices, as notice of the correction is received. DLA Energy will work with the http://www.platts.com/

SPE605-21-R-0225 Page 12 of 125 pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.

(4) NONCOMMERCIAL (NOTIFICATION). For price adjustments utilizing a reference price indicator other than commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof.

(i) INCREASES. Any increase in unit price as a result of an increase in reference price shall apply only to deliveries made on or after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase. However, the prices payable under this contract shall in no event exceed the Contractor’s posted or established selling price in effect on the date of delivery for the product supplied in the form of delivery made at the point of delivery. Also, no notification incorporating an increase in a contract unit price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.

(ii) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the reference price, within the allotted 15 day period, such decrease shall apply to all deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease in the established price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS clause of this contract.

(5) Where the reference price is the Contractor’s established price (see (c)(2)(iii) above), the Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. The Contractor further warrants that, as of the current date, any differences between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice.

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

(e) 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 the Excusable Delays and Termination for Cause paragraphs of the CONTRACT TERMS AND CONDITONS – COMMERCIAL ITEMS clause of the this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(f) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed __375____ percent of the award price, except as provided hereafter:

(1) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract 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 appropriate explanation and documentation as required by the Contracting Officer.

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

(g) REVISION OF REFERENCE PRICE INDICATOR. In the event—

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

(2) The reference price is an average of published or posted prices, and any one price ceases to be published or posted;

(3) The reference price is published in a trade price service or commercial journal and such publication ceases to publish said reference price or changes its method of quoting prices; or

(4) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustment described hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

http://www.desc.dla.mil/

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

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

(j)…