Solicitation_SPE605-25-R-0207.pdf

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Attached to
SEE AMENDMENT 1 Australia PC&S Solicitation Federal contract opportunity
Solicitation number
SPE605-25-R-0207
Issued by
Defense Logistics Agency Energy

About this file

This is a solicitation (SPE605-25-R-0207) issued by DLA Energy for petroleum fuel products to support DoD activities in Australia. The solicitation seeks suppliers for Premium Gasoline (29,250 gallons), Aviation Gasoline, Diesel Fuel #2 (28,750 gallons), Aviation Turbine Fuel JAI (1,622,000 gallons), and JP8 (20,000 gallons) across 13 line items with delivery to various locations in Australia.

The solicitation has a performance period from July 1, 2025 through June 30, 2030, with an ordering period through May 31, 2030. Offers are due by February 14, 2025 at 3:00 PM EST. This is an open continuous solicitation that will remain active until June 30, 2030 for new requirements. Awards will be made on a Lowest Price Technically Acceptable basis, with each CLIN evaluated and awarded separately. The contract type is Requirements-Type Fixed Price with Economic Price Adjustments based on Platts weekly price references. Prices must be held firm for 240 days. Offerors must submit prices through the PC&S Offer Entry Tool (OET) system. The solicitation includes tax exemptions under the U.S. Forces in Australia agreement. A question period is open until January 28, 2025 at 4:00 PM EST.

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Other files for this federal contract opportunity

Other files attached to SEE AMENDMENT 1 Australia PC&S Solicitation, newest first.
File Type Posted
SF30_SPE60525R02070001.pdf PDF
Attachment A_SCHEDULE v2.pdf PDF
Attachment A_SCHEDULE.pdf PDF
Attachment F _ Regional Location Map.pdf PDF
Attachment B_OFFEROR SUBMISSION PACKAGE.pdf PDF
Attachment C_ AMPS Role Guide.pdf PDF
Attachment D _ Requesting the OET Vendor Role in AMPS Guide.pdf PDF
Attachment E _ PCS OET Vendor Guide.pdf PDF
Attachment G_SECTION C SPECIFICATIONS.zip ZIP file
Attachment H_ SECTION E CONTRACT TEXTS.zip ZIP file

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INFORMATION TO OFFERORS

COVER SHEET

SOLICITATION: SPE605-25-R-0207 (AUSTRALIA POST, CAMPS & STATIONS (PC&S)

1.8T)

THE ENCLOSED SOLICITATION COVERS THE FOLLOWING:

PERIOD OF PERFORMANCE

01 JULY 2025 THROUGH 30 JUNE 2030

PART: U.S. GOVERNMENT PROCUREMENTS

CLASS CODE: 91 – FUELS, LUBRICANTS, OILS AND WAXES

ISSUING OFFICE:

Defense Logistics Agency - Energy

ATTN: DLA-ENERGY-FEPAA,

Omar Joyce Jr.

8725 John J. Kingman Road, Suite 3938 Ft. Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

PREMIUM GASOLINE, AVIATION GASOLINE AND DIESEL FUEL FOR DoD

ACTIVIES IN AUSTRALIA

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

OMAR JOYCE JR.

(571) 767-9510

OMAR.JOYCE@DLA.MIL

WEB ADDRESS: HTTP://WWW.ENERGY.DLA.MIL

RESPONSES DUE: FEBRUARY 14, 2025; 3:00 PM, EASTERN STANDARD TIME

(EST).

ADDITIONAL INFORMATION:

SEE SPECIAL INSTRUCTIONS FOR OFFERORS

mailto:OMAR.JOYCE@dla.mil http://www.energy.dla.mil/

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 7009956503

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE605-25-R-0207

5. SOLICITATION NUMBER

2025 JAN 15

6. SOLICITATION ISSUE

DATE

OMAR JOYCE DOJ0003

a. NAME

Phone: 7032231920

b. TELEPHONE NUMBER (No Collect calls)

2025 FEB 14

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE605

DLA ENERGY

POST, CAMPS, AND STATIONS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

324110NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

AUSTRALIA 1.8T Solicitation: SPE605-25-R-0207

SPECIAL INSTRUCTIONS FOR OFFERORS:

• This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition

Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

• The Government intends to procure the petroleum fuel products using FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items. The Government will award requirements-type contracts resulting from the Solicitation to the responsible offeror(s) whose offer, conforming to the Solicitation that will be most advantageous to the Government, with price and other factors considered (See Evaluation criteria under SECTION M).

• This is an open continuous solicitation with successive closing dates for DLA Energy Posts, Camps and Station (PC&S) Purchase

Program 1.8T requirements. The first closing date is February 14, 2025, and is for thirteen (13) Line Items contained in this first closing. Solicitation No. SPE605-25-R-0207 has a performance period from 01 July 2025 THROUGH 30 June 2030. The offeror agrees to hold the prices in its offer firm for 240 calendar days from the date specified for receipt of offers. (Ref: FAR 52.212-1(d)).

The Government anticipates receiving new requirements throughout the performance period. Therefore, solicitation SPE605-25- R-0207 will remain open until 30 June 2030, 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 date(s) for the new requirements and afford all offerors an opportunity to compete for the new Line Items.

• This solicitation incorporates provisions & clauses in effect through Federal Acquisition Circulars 2025-01 Effective 12

November 2024; Defense Federal Acquisition Regulation Supplement (DFARS): DFARS Change 11/25/2024 Effective 25 November 2024 and Defense Logistics Acquisition Directive (DLAD): CN2024-0906 Effective 06 September 2024.

• Solicitation Number SPE605-25-R-0207 is hereby issued as a Request for Proposals (RFP).

• CLARIFICATION: Any reference to DAY(s) within the solicitation should be considered BUSINESS DAY(s) (Monday through Friday). Hours of operation listed in the schedule (Attachment A) are for Australia’s time zone, any other reference to hours/time, unless otherwise stated, within the solicitation will be for Eastern Standard Time (EST). Any reference to Holidays should be considered U.S. Holidays unless otherwise noted as Australian Holidays. Any reference to BIMONTHLY should be considered twice a month, unless otherwise noted. All quantities listed on the schedule (Attachment A) are estimates.

• A pre-award survey may be performed to ensure that the capabilities exist to support the requirement the offeror offered against, mitigating risk of non-performance due to lack of capability, and may include an on-site review. If an offeror does not pass a pre-award survey it shall reflect negatively against the offeror’s responsibility determination.

• G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM

(DLA ENERGY JAN 2012) – Foreign offerors may elect payment by electronic transfer of funds via the Federal Reserve Wire Transfer System, which does not require the receiving bank to be located in the United States. Offerors are advised to verify their FI is capable of receiving Federal Wire transactions via either a SWIFT Code or an IBAN number. Firms receiving an award under this solicitation must ensure that the appropriate arrangements are made with their FI prior to submission of the first invoice.

• QUESTION AND ANSWER PERIOD: To encourage maximum participation on ALL line items (Attachment A) a question and answer period has been established. Starting from the issue date of this solicitation to January 28, 2025, 4:00p.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 will be received after January 28, 2025, 4:00p.m. EST. All questions should be sent to omar.joyce@dla.mil & DLAEnergyFEPAA@dla.mil. Answers will be consolidated and answered via an official 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. Potential offerors are reminded that they shall sign the amendment (block 15a-c) and acknowledge the solicitation/amendment(s) in their prospective submitted proposals.

mailto:DLAEnergyPEC@dla.mil mailto:omar.joyce@dla.mil mailto:%20DLAEnergyFEPAA@dla.mil.

• SHIPMENT AND ROUTING: In accordance with F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2022), the Contractor shall furnish serially numbered seals and effectively seal all tank cars, boxcars, transport trucks, trucks and trailers, tankers, and barges, whether delivery is made on an f.o.b. origin or f.o.b. destination basis. The marking on the seal shall be indicated on all shipping documents.

• PLACING ORDERS: In accordance with F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR

2014), The Contractor shall use DIBBS to receive orders. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. All contractors must have an active System for Award Management (SAM) account, http://www.sam.gov in order to register for DIBBS.

• CLOSING DATE: The closing date for receipt of offers for the below line items available for full and open competition under solicitation SPE605-25-R-0207 is 14 February 2025 BY 3:00 PM, FT. BELVOIR, VA TIME.

• TAX AND FEE INFORMATION: Offerors shall not include in their offer prices, including in the prices of any subcontractor, any taxes from which the United States Government is exempt. In accordance with Article 9 of the Agreement Concerning the Status of United States Forces in Australia, 14 U.S.T. 506, TIAS 5349, 469 U.N.T.S. 55, equipment, materials, supplies and other property imported into or acquired in Australia by or on behalf of the United States Government for the official use of the United States Forces and not for resale shall be free of all Australian duties and taxes. See DFARS 252.229-7001, TAX RELIEF (APR 2020) for more information.

• LATE OFFERS: Please note that offers must be received by 14 February 2025 BY 3:00 PM, FT. BELVOIR, VA TIME. Any offer received after 3:00 PM will be considered “Late” and will be handled in accordance with FAR 52.212-1(f).

• INSTRUCTIONS TO OFFERORS – 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (SEP 2023), subparagraph (f) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWALS OF OFFERS.

• ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to (B19.02) ECONOMIC PRICE

ADJUSTMENT (OVERSEAS)(DLA ENERGY JAN 2012). Offerors should use the preferred publication in the table below for escalation reference for their offer prices. THE BASE REFERENCE DATE for this solicitation is 02 December 2024.

Contract prices will escalate weekly using the previous weeks average (M-F). In the event of a Holiday that falls on a weekday the average would be calculated with 4 data points instead of 5.

• AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of FAR 52.212-1, INSTRUCTIONS TO OFFERORS. While the Government intends to evaluate proposals in accordance with FAR 52.212-2 EVALUATION-- COMMERCIAL ITEMS (NOV 2021), Lowest Price Technically Acceptable source selection process and award a contract(s) without discussions, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

Therefore, those participating are advised to submit their best prices with their initial offer. If the Contracting Officer determines that discussions are necessary, the Government will then evaluate proposals and award a contract after conducting discussions with Offerors whose proposals have been determined to be within the competitive range.

• EACH CLIN IS SEPARATELY PRICED AND EVALUATED: While the solicitation combines a lot of details for multiple products/requirements, each CLIN on this solicitation is a separate requirement with each CLIN having its own product, address, delivery and ordering information and will be evaluated and awarded individually.

• ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be 01 July 2025 through 31

May 2030. Quantities stated represent the government’s best estimates covering ordering period.

• DELIVERY NOTES: This solicitation is being issued to support DoD activities in the region. Contract line items are for delivery to a defined delivery region (see Attachments A and F). The specific delivery address will be specified on the DD1155 upon placement of orders.

• PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to paragraph (c) of 52.212-1 INSTRUCTIONS TO OFFERORS—

COMMERCIAL ITEMS (SEP 2023), Offerors agree to honor prices indicated in their offer for 240 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

https://www.dibbs.bsm.dla.mil/ http://www.sam.gov/

• NEGOTIATIONS: Negotiations under this solicitation will be conducted primarily in writing (via email), and/or by telephone, and by negotiators identified in K33.01.

• PROPOSAL SUBMISSION: Offer Prices shall be submitted through the Post Camps and Stations (PC&S) Offer Entry Tool

(OET).

a) PC&S OET is an external web application which allows prospective PC&S ground fuel vendors to securely bid on DLA Energy fuel solicitations. Offerors must be registered in the PC&S OET application in order to submit offer prices. In order to have system access to PC&S OET, offerors must request the applicable user roles via the Account Management and Provisioning System (AMPS) website at: https://amps.dla.mil

b) Please use Attachment C titled, “AMPS Role Guide” to obtain an AMPS account if you do not already have one.

c) 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.

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

e) 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 Attachment E instructions titled, “PC&S OET Vendor Guide.”

f) If you experience trouble registering or if additional assistance is needed, please send an email to the DLA Enterprise Help Desk at DLAEnterpriseHelpDesk@dla.mil or call toll free (855)-352-0001 and select the option for assistance with AMPS.

g) In the event of technical issues on the part of OET that prevent an offeror to successfully enter offer data on OET, the offeror must immediately notify both Government’s Points of Contact via email to Omar.Joyce@dla.mil to request allowance for an offeror’s manual offer submission using Price Data Sheets. Nevertheless, the offerors are still responsible for entering offer data thru OET upon its return to the fully functioning state.

All remaining proposal documentation, to include the Offeror Submission Package (OSP), shall be sent via email to DLAENERGYFEPAA@dla.mil

• OFFEROR SUBMISSION PACKAGE: Carefully review the solicitation, any subsequent amendments, and Attachment B the

“Offeror Submission Package (OSP)” identified by number SPE605-25-R-0207. Please keep copies of completed solicitation amendments, and the OSP for your records.

• ACKNOWLEDGEMENT OF SOLICITATION AMENDMENTS: Please check SAM.gov frequently for any solicitation amendments (updates) to SPE605-25-R-0207. To acknowledge amendments, complete Blocks 15A, 15B, and 15C of the Standard Forms (SF) 30 and return to DLA Energy by email at DLAEnergyFEPAA@dla.mil , prior to the solicitation closing date.

• INTERNATIONAL DUNS NUMBER: Include your company’s Data Universal Numbering System (DUNS) Number on the cover sheet of your offer (See paragraph J of Clause 52.212-1 INSTRUCTIONS TO OFFERORS -COMMERCIAL ITEMS (SEP 2023). If you do not have a DUNS Number, your company must register online at http://www.dandb.com/eupdate and click on the “Register your business” button. Or you may call one of two toll free numbers 800-333-0505 or 888-814-1435 for assistance.

• COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your CAGE CODE (5-digit alphanumeric code) in Block 17a of the Standard Form 1449, in the box labeled “CAGE CODE”.

• NO RESPONSE: If your company does not intend to submit an offer for this solicitation, please notify us in writing and email to

DLAEnergyFEPAA@dla.mil.

• CONTRACT TYPE: The SCHEDULE (list of items, each with its own narrative) is listed under (B1.05) SUPPLIES TO BE

FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012). Type of contracts awarded as a result https://amps.dla.mil/ mailto:DLAEnterpriseHelpDesk@dla.mil mailto:Omar.Joyce@dla.mil mailto:DLAENERGYFEPAA@dla.mil mailto:DLAEnergyFEPAA@dla.mil mailto:DLAEnergyFEPCA@dla.mil of this solicitation will be “Requirements-Type Fixed Price with Economic Price Adjustments” Refer to Clause FAR 52.216-21, REQUIREMENTS (OCT 1995) and B19.02, ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY 2012).

• EVALUATION: In accordance with FAR 52.212-2, The Government will award a contract to the Lowest Price Technically

Acceptable offers in a manner that will result in the lowest overall cost to the Government for the solicited items, in accordance with the evaluation clauses contained in this solicitation. Each CLIN will be evaluated and awarded individually.

• NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF AWARD WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF A CONTRACT WITH GOVERNMENT AGENCIES OR IN RECEIPT OF

PROPOSED DEBARMENT FROM ANY GOVERNMENT AGENCY IS VOIDABLE AT THE OPTION OF THE

GOVERNMENT.

• INCORPORATED BY REFERENCE: Please refer to Section I for all clauses and provisions listed as Incorporated by

Reference.

• POINTS OF CONTACT: For any clarification, explanation or additional information about this solicitation, please contact:

Omar Joyce

(571) 540-1918 omar.joyce@dla.mil mailto:omar.joyce@dla.mil

Table of Contents

SECTION B: SUPPLIES OR SERVICES & PRICES OR COSTS

B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012)

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

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D: PACKAGING AND MARKINGS

SECTION E: INSPECTION & ACCEPTANCE

SECTION F: DELIVERIES OR PERFORMANCE

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

F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND TANK WAGONS (DLA

ENERGY MAR 2022)

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

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014)

F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (PC&S)

F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA Energy APR 2005)

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002)

F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY JUN 2022)

SECTION G: CONTRACT ADMINISTRATION DATA

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)

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

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017)

G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM (DLA

ENERGY JAN 2012)

G150.07-2 SUBMISSION OF INVOICES FOR PAYMENT (OVERSEAS PC&S) (DLA ENERGY JAN 2012)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE:

FAR 52.203-3 Gratuities (Apr 1984) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) FAR 52.204-19 Incorporation by Reference of Representation and Certifications (Dec 2014) FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021) FAR 52.223-5 Pollution Prevention and Right to Know Information (May 2024) FAR 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) FAR 52.232-17 Interest (May 2014) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.233-1 Disputes (May 2014)

FAR 52.233-3 Protest After Award (Aug 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.246-2 Inspection of Supplies-Fixed Price (Aug 1996) DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials (Sep 2011) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Dec 2022) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (May 2024) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for litigation Support (Jan 2023) DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (Dec 2019) DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (May 2021) 30 DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (Jan 2023) DFARS 252.204-7019 Notice of NISTSP 800-171 DoD Assessment Requirements (Nov 2023) DFARS 252.204-7020 NIST SP 800-171DoD Assessment Requirements (Nov 2023) DFARS 252.204-7022 Expediting Contract Closeout (May 2021) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (Jun 2023) DFARS 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors (Jan 2023) DFARS 252.223-7008 Prohibition of Hexavalent Chromium (Jan 2023) DFARS 252.225-7021 Trade Agreements – Basic (Feb 2024) DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime (May 2022) DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (Jan 2023) DFARS 252.225-7966 Prohibition Regarding Russian Fossil Fuel Business Operations —Representation (Deviation 2024-O0006) (Feb 2024) 30 DFARS 252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006) (Feb 2024) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Jan 2023) 30 DFARS 252.232-7010 Levies on Contract Payments (Dec 2006) DFARS 252.233-7001 Choice of Law (Overseas) (Jun 1997) DFARS 252.243-7001 Pricing of Contract Modifications (Dec 1991) DFARS 252.243-7002 Request for Equitable Adjustment (Dec 2022) DFARS 252.244-7000 Subcontracts for Commercial Products or Commercial Services (Nov 2023) DFARS 252.247-7023 Transportation of Supplies by Sea Basic (Oct 2024)

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

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT. (NOV 2021)

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

FAR 52.211-16 VARIATION IN QUANTITY(APR 1984)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (MAY 2024)

DLAD 4.703 POLICY

FAR 52.216-18 ORDERING (AUG 2020)

FAR 52.216-21 REQUIREMENTS (OCT 1995)

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

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

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

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

DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF

A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019)

DFARS 252.229-7001 TAX RELIEF (APR 2020)

I1.01 DEFINITIONS (DLA ENERGY JUN 2009)

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY FEB 1996)

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

DLAD 252.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR)(JUN 2020)

SECTION J: LIST OF ATTACHMENTS

SECTION K: REPRESENTATIONS, CERTIFICATIONS, & OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2024)

FAR 52.204-6 UNIQUE ENTITY IDENTIFIER(OCT 2016)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT. (NOV 2021)

FAR 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS – REPRESENTATION AND

DISCLOSURES (DEC 2023)

FAR 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES. (MAY 2024)

FAR 52.222-18 -- CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED END PRODUCTS (FEB 2021) 81 DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS. (SEP 2022)

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE. (NOV 2014)

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

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

K86 FOREIGN TAXES (DLA ENERGY NOV 2014)

K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014)

SECTION L: INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS OR RESPONDENTS

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

FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (SEP 2023)

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

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

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

FAR 52.216-25 CONTRACT DEFINITIZATION (OCT 2010)

FAR 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY2024)

FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006)

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

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

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

L54 SITE VISIT (DLA ENERGY OCT 1992)

L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE DELIVERY OF PRODUCT

(PC&S) (DLA ENERGY JAN 2012)

SECTION M: EVALUATION FACTORS FOR AWARD

FAR 52.212-2 – EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) DFARS 252.204-7024 NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023)

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

SECTION B: SUPPLIES OR SERVICES & PRICES OR COSTS

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 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 4-year requirements.

SEE ATTACHMENT ‘A’ FOR SCHEDULE

SUPPLIES, DELIVERY POINTS, ESTIMATED QUANTITY

ITEMS AND METHOD OF DELIVERY 5 YEARS (USG)

0005, 0006, 0009 & 0011 AVIATION TURBINE FUEL (JAI) 1,622,000

NSN: 9130-00-753-5026

0010 AVIATION TURBINE FUEL (JP8) 20,000

NSN: 9130-01-031-5816

0001, 0002, 0007 & 0012 REGULAR UNLEADED GASOLINE (MUP) 29,250

NSN: 9130-00-148-7104

0003, 0004, 0008 & 0013 DIESEL FUEL #2 (DF2) 28,750

NSN:9140-00-286-5294

*These Requirements are for the support of DoD activities. The exact delivery address is NOT listed in this Solicitation. Attachment A – The Schedule defines each requirement by CLIN, and under each CLIN important information is listed, such as the Quantity, NSN, Delivery Identification description, Mode, and Delivery Address, among other details. Each Delivery Identification description refers to a REGION location, which can be found in Attachment F – REGIONAL LOCATION MAP 1.8T. This Map shows a geographical location assigned to each REGION location. Please refer to Attachment F to better understand each specific CLIN. See Section J., Attachment F. The Delivery Address will be specified in the DD1155 once a delivery order has been placed.

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)

[ ] (ii) The established price posted by______________ and published in _____________ (name of company) (name of publication)

[ X ] (iii) The prior week average of the prices published in _PLATTS* ____________:

(name of publication) SEE BELOW IN PARAGRAPH (k) TABLE FOR EXACT REFERENCE.

(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 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 http://www.platts.com/ http://www.desc.dla.mil/ 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 350 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.

(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) 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.

(k) TABLE.

ITEM NUMBER

(PRODUCT ID)

PRODUCT

CODE

TYPE OF

FUEL

PLATTS REFERENCE

USED

BRP

12/02/2024

0001, 0002, 0007 & 0012 (9130-001487104)

MUP Automotive Gasoline

PLATTS WEEKLY C&F

AUSTRALIA MOGAS 95

$2.102429

0003, 0004, 0008 & 0013 (9140-002865294)

DF2 Diesel Fuel PLATTS WEEKLY

AUSTRALIA GASOIL

10PPM

$2.214048

0005, 0006, 0009 & 0011 (9130-007535026)

JA1 Aviation Jet Fuel

PLATTS WEEKLY C&F

AUSTRALIA JK

$2.211524

(9130-01-031-5816)

JP8 Aviation Jet Fuel

PLATTS WEEKLY C&F

AUSTRALIA JK

$2.211524

I II III IV V VI

Name of If company - Reference company/ name of product; Method of price/gallon publication If publication - delivery as of (identify heading under applicable 2 DEC Item No. by number which reference Location where to the 2024** (listed from (c)(2) price is published reference price reference (exclude items) above) and name of product is applicable price all taxes

SEE TABLE ABOVE

Contract prices will escalate weekly using the previous weeks average (M-F). In the event of a Holiday that falls on a weekday the average would be calculated with 4 data points instead of 5.

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SEE ATTACHMENT G “SECTION C FUEL SPECIFICATIONS”

SECTION D: PACKAGING AND MARKINGS

NOT APPLICABLE

SECTION E: INSPECTION & ACCEPTANCE

SEE ATTACHMENT H “SECTION E CONTRACT TEXTS”

SECTION F: DELIVERIES OR PERFORMANCE

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

(a) The term “f.o.b. destination,” as used in this clause, means-

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall-

(1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

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

(DLA ENERGY MAR 2022)

IMPORTANT NOTE on EPA TESTING OF UNDERGROUND TANKS. If the "volumetric" method is used for annual EPA testing of underground tanks, the "topping off" of tanks for this test is outside the scope of DLA Energy requirements contracts.

(a) F.O.B. ORIGIN. On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b. transport truck, truck and trailer, or tank wagon—

(1) Supplies ordered hereunder shall be delivered, at Contractor's expense, into equipment specified in the Schedule.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(b) F.O.B. DESTINATION. On items calling for delivery f.o.b. destination by means of transport truck, truck and trailer, or tank wagon-- (1)Where the Schedule provides for multiple drop deliveries, the Contractor may be required to deliver into more than one storage tank. Where truck and trailer is the method of delivery specified, the Contractor may, at its option, make delivery by transport truck. In the case of deliveries in Alaska, where truck and trailer or transport truck is the method of delivery specified, the Contractor may, at its option, make delivery by tank wagon.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(3) When delivery is made by tank wagon, such wagon shall be equipped with pump, meter, and a minimum of 100 feet (30 meters) of hose. Where delivery is made by transport truck or truck and trailer, such delivery equipment shall be equipped with a minimum of 15 feet of hose.

(4) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility, the Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

(5) Unless otherwise provided in the Schedule, free time for unloading trucks, transport trucks, or trucks and trailers shall be unlimited.

(6) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility—

(i) The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to reasonably assure that delivery can be made without damage to vegetation and asphalt pavement adjacent to storage facilities being filled. The Contractor’s delivery personnel who have not exercised reasonable care and delivery equipment that is poorly maintained may be refused entrance to the installation by the installation Commander.

(ii) The Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

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

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

(1) F.O.B. DESTINATION.

(i) DELIVERIES BY TANKER OR BARGE.

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

(1) Calibrated meters on the receiving tank system; or

(2) Receiving tank measurements.

(B) All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(ii) DELIVERIES BY RAIL TANK CAR.

(A) On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government’s option) on the basis of--

(1) Calibrated meter on the receiving tank system;

(2) Weigh, using calibrated scales at the receiving location; or

(3) Receiving tank measurements.

(B) All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(iii) DELIVERIES BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON.

(A) If the narrative requires a tank wagon (which is always equipped with a meter), that meter shall be used to determine quantity at time of delivery. The quantity shall be read directly from the meter. On items requiring delivery on a f.o.b.

destination basis by tank truck or truck and trailer, quantity shall be determined in the following order of preference:

(1) Calibrated meter on the receiving tank system

(2) Calibrated meter on the conveyance

(3) Weight using calibrated scales at the receiving location.

(4) Loading rack meter ticket. The ticket must be generated at the time of loading and be based on a calibrated loading rack meter. The loading rack ticket shall be mechanically annotated with the gross and net gallons (or gross and net liters), the observed and corrected API gravity (or density), and the temperature at which the product was measured.

(5) Receipt tank measurements (as identified in the Schedule).

(B) All quantities, other than delivery by tank wagon, shall be converted, either mechanically or manually, to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(C) If a loading rack meter ticket is used to determine quantity for a biodiesel blend, the quantity shall be converted to net (volume corrected) gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). The Contractor shall prepare separate loading rack meter tickets for the diesel portion and for the biodiesel blend stock B100 (the industry designation for pure biodiesel), hereinafter referred to as the B100 portion of the load. The B100 loading rack meter shall be recorded at gross (ambient) temperature when the loading meter is not capable of providing a net (volume corrected) quantity. The total shall be the sum of the net diesel and gross B100. When the B100 loading rack meters are capable of providing a net (volume corrected) quantity, the total receipt quantity shall be the sum of the net diesel and the net B100.

(2) F.O.B. ORIGIN. All quantities…

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