Solicitation SPE60520R0225 COG 6.pdf

SPE605-20-R-0225

INFORMATION TO OFFERORS OR QUOTERS

COVER SHEET

Solicitation

SOLICITATION NUMBER: SPE605-20-R-0225 (COG 6, POSTS, CAMPS & STATIONS (PC&S) PP 3.26).

PART: U.S. GOVERNMENT PROCUREMENTS

SUBPART: Supplies, Equipment, and Material

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

ISSUING OFFICE:

RESPONSES DUE:

Defense Logistics Agency – Energy ATTN: DLA Energy-FEPBA, Danette Stewart & Tonya Sterling 8725 John J. Kingman Road, Suite 3938 Ft. Belvoir, VA 22060-6222

12 June 2020, 4:30 PM, Eastern Standard Time (EST)

ORDERING PERIOD: Date of Award through May 31, 2023

DELIVERY PERIOD: 48 Hours after the Date of Award through June 30, 2023 (30 days after end of ordering period)

ITEMS TO BE PURCHASED:

VARIOUS FUEL PRODUCTS DISTILLATES AND RESIDUALS FOR DEPARTMENT OF

DEFENSE AND FEDERAL CIVILIAN AGENCIES IN THE STATES OF COLORADO, ILLINOIS,

IOWA, KANSAS, MICHIGAN, MINNESOTA, NEBRASKA, NEW MEXICO, NORTH DAKOTA,

OKLAHOMA, SOUTH DAKOTA, TEXAS, WISCONSIN AND WYOMING.

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

DANETTE STEWART TONYA STERLING

(571) 767-9535 (571) 767-9561

DANETTE.STEWART@DLA.MIL TONYA.STERLING@DLA.MIL

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

ADDITIONAL INFORMATION: SEE NOTES AND ATTACHED

mailto:MATTHEW.WOMER@DLA.MIL mailto:LAWRENCE.WATSON@DLA.MIL

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

1517038, 81517040, 81517351 & 81517352 110

SPE605-20-R-0225

Danette Stewart; danette.stewart@dla.mil (571)767-9535

SP0600 67

NET 30

SEE ATTACHMENT A

SPE605

SEE BLOCK 9

DFAS-COLUMBUS CENTER DFAS-CO

LSFC PO BOX 182317

COLUMBUS, OH 43218-6252

SEE ATTACHMENT A

324110

DATE

04/28/2020

LOCAL TIME

12 June 2020;

4:30 PM ET

DLA ENERGY

ATTN: FEPBA ROOM 3938

8725 JOHN J. KINGMAN RD., STE 4950

FORT BELVOIR, VA 22060-6222

P.P. 3.2 COG 6

SPECIAL INSTRUCTIONS FOR OFFERORS

a) The Government intends to procure petroleum fuel products for the requirements listed in this solicitation. The Government will award fixed-price requirements-type contracts with economic price adjustment resulting from the Solicitation to the responsible offeror(s) whose offer, conforming to the Solicitation, will be most advantageous to the Government, with price and other factors considered (See Evaluation criteria under SECTION M).

b) This is an open continuous solicitation with successive closing dates for DLA Energy Posts, Camps and Station (PC&S) Purchase Program 3.26, COG-6 requirements. The first closing date is 12 June 2020, and is for the 754 Contract Line Items (CLINs) contained in this first closing.

Solicitation No. SPE605-20-R-0225 has a performance period of Date of Award through May 31, 2023. The offeror agrees to hold the prices in its offer firm for 180 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 SPE605-20-R-0225 will remain open until June 01, 2022, for any new CLINs to be solicited. As new requirements are received, the Government will issue amendment(s) to the solicitation, with new closing dates for the new requirements, and afford all offerors an opportunity to compete for the new CLINs.

c) This Solicitation incorporates provisions & clauses in effect through 2020 - 04 Effective 15 January 2020; Federal Acquisition Regulation (FAR): FAC 2020-04 Effective 15 January 2020; Defense Federal Acquisition Regulation Supplement (DFARS): DPN 2020 0114 Effective 14 October 2020 Edition; Defensive Logistics Acquisition Directives (DLAD) Effective date for DLAD current to DLAD Rev. 5 & Proc. Ltr. 2019-19 and Defense Logistics Agency Energy Procurement Instruction (DEPI) December 2019 up to Procurement Flash 20-11 23 January 2020

d) Solicitation Number SPE605-20-R-0225, is issued as a Request for Proposals (RFP).

e) SET ASIDES: This RFP has 754 line items. See ATTACHMENT C for a full list of set asides, including 428 for small businesses and 60 for Service-disabled Veteran-owned Small Businesses (SDVOSBs).

a. SMALL BUSINESS CONCERNS: Of the 754 line items, 428 will be set aside for small business concerns, in accordance with (IAW) FAR 19.502-2, as they are valued between the micropurchase threshold ($10,000) and the simplified acquisition threshold (SAT) ($250,000), as those are exempt from the Nonmanufacturer Rule (NMR). FAR 52.219-6, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JAN 2019) (DEVIATION 2019-O0003) applies to the line items identified in ATTACHMENT F as set aside for small businesses.

b. SDVOSBS: Another 60 line items, which support the U.S. Department of Veterans Affairs, will be set aside for SDVOSBs. Forty-five of those are valued below the SAT, and fifteen are valued above the SAT. Pursuant to 38 U.S.C.

§ 8127(d) and (j), purchases on behalf of the VA must be set aside for service-disabled veteran-owned small businesses (SDVOSBs) if there is a reasonable expectation that two or more SDVOSBs will submit offers and award can be made at a fair and reasonable price. We are requesting an individual waiver of the NMR for these 60 VA line items, which we intend to set aside for SDVOSBs.

Under 38 USC. § 8127(f), the VA established a database of small businesses owned by veterans and service-disabled veterans, the Department of Veterans Affairs Center for Verification and Evaluation (CVE). The CVE is responsible for establishing and maintaining a database within the VA of certified SDVOSB. Section 8127(e) further states that to be awarded a contract under this preference rule, a business must be listed within the database, required under § 8127(f). The Veterans Administration Acquisition Regulation (VAAR) supplement implements the eligibility statute, for award. All SDVOSB must be registered as confirmed in the VA’s Vendor Information Pages (VIP) database (see VAAR819.7003(b)(3) (deviation). To be eligible for award for the line items set-aside for SDVOSBs below, the SDVOSB submitting an offer must be listed as verified in the Department of Veterans Affairs Vendor Information Pages (VIP) database, https://www.vip.vetbiz.va.gov/. FAR

52.219-27, NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS SET-ASIDE (JAN 2019) (DEVIATION 2019-O0003) applies to the line items identified in ATTACHMENT C as SDVOSB set-asides.

c. The remaining 295 line items will be solicited under full and open competition.

d. The North American Industry Classification System (NAICS) code for this acquisition is 324110 and the size standard for a small business is either that it has no more than 1500 employees, including all affiliates, or that it has a capacity to refine no more than 200,000 barrels per calendar day. (See 13 C.F.R. § 121.201).

Offerors that propose to furnish an item that it did not itself manufacture, but want to be considered for a set-aside award, must comply with 13 C.F.R. § 121.406. The point of contact for Small Business Affairs at DLA Energy is Mr. Greg Thevenin, telephone (571) 767-9465.

f) SCHEDULE: The description, quantities, location, delivery hours, equipment, and other details required for this solicitation are listed in ATTACHMENT A “SCHEDULE” FOR

REQUIREMENTS

Delivery of Line item 0020 in the schedule of supplies is F.o.b. Origin. Delivery of all other line items in the schedule of supplies shall be F.o.b. Destination.

g)ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to

B19.19 ECONOMIC PRICE ADJUSTMENT - PETROLEUM PRODUCT PRICE, POSTS,

CAMPS, AND STATIONS (PC&S) (DLA ENERGY JUNE 2017) and B-19.27-3 –

ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (PC&S) (ETHANOL) (DLA

ENERGY JAN 2012). The base reference date is 1 Oct 2019. Offerors MUST use the publication listed for each line item schedule as the escalation reference for their offer prices. After award, the contract price for all line items will escalate/de-escalate daily (Monday through Friday, and any deliveries made on Saturday and Sunday (such as in emergency situations) will use Friday’s Price) in accordance with the above-referenced Economic Price Adjustment clauses based upon the prescribed escalation publication referenced in the solicitation, price changes are not based on product cost or vendor profit margin. Any proposal using an alternate escalator will not be accepted.

h)CLOSING DATE AND LATE OFFERS: 12 June 2020; 4:30 PM, Eastern Standard Time (EST). Any offer received after 12 June 2020, 4:30 PM EST will be considered “late.” Offeror(s) assume all risk for any delay in the transmission of their proposals. All offerors are encouraged to review paragraph (f) of FAR 52.212-1 INSTRUCTIONS TO OFFERORS –COMMERCIAL

ITEMS (OCT 2018).

i) PROPOSAL SUBMISSION: Offer Prices must be submitted through the Posts, Camps and Stations (PC&S) Offer Entry Tool (OET).

1. 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 https://www.vip.vetbiz.va.gov/ 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 Note: All offer prices and all supporting documents shall be entered and submitted in OET only.

2. Please use the attached instruction titled, “AMPS Role Guide-ATTACHMENT F” to obtain an AMPS account if you do not already have one.

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

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

5. 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.

6. In the event of technical issues on the part of OET that prevent an offeror from successfully entering offer data in OET, the offeror must immediately notify both Government’s Points of Contact via email at danette.stewart@dla.mil and tonya.sterling@dla.mil to request allowance for offeror’s manual offer submission using Price Data Sheets. Nevertheless, the offerors are still responsible for entering offer data through OET upon its return to a fully functioning state.

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

a. ATTACHMENT D

b. ATTACHMENT E

c. ATTACHMENT F

All remaining proposal documentation must be submitted via OET. If you are unable to submit in OET then send via email to DLAEnergyFEPBA@dla.mil, danette.stewart@dla.mil, and tonya.sterling@dla.mil

j) TAX AND FEE INFORMATION: Applicability of various Federal, State, and Local taxes is governed by the following provisions & clauses:

• FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

• I28.01 FEDERAL, STATE, AND LOCAL TAXES (DEVIATION) (DLA ENERGY

NOV 2011)

• I28.02-2 FEDERAL, STATE, AND LOCAL TAXES/FEES EXCLUDED FROM

CONTRACT PRICE (DLA ENERGY DEC 2019)

• I28.03-1 TAX EXEMPTION CERTIFICATES (DLA ENERGY AUG 2003)

INCLUDE any Federal Excise Taxes (FET) in your offer prices, (however, if awarded a contract the FET may need to be listed as a separate line item on the Contractor’s invoice).

INCLUDE State and Local environmental, oil spill taxes, and inspection fees in your offer price, unless an exemption applies.

INCLUDE your estimate of the price per gallon increase for the Texas Petroleum Products https://amps.dla.mil/ mailto:DLAEnterpriseHelpDesk@dla.mil mailto:tonya.sterling@dla.mil mailto:DLAEnergyFEPBA@dla.mil mailto:danette.stewart@dla.mil mailto:tonya.sterling@dla.mil

Delivery Fee. For offers made on items in the State of Texas, vendors will have to calculate a price per gallon increase to include the fee. This estimation shall be based on the average delivery to these locations. (See Clause L-0004: L54, SITE VISIT, in order to obtain the average delivery for each location)

Offerors are responsible for confirming the applicability of taxes and tax rates with the state or local tax authorities. Offerors are advised that offer prices should include FET and all other applicable taxes and fees and all other costs arising from contractor's performance of the contract, where no U.S. Government or Department of Defense exemption applies. Offer price should be a unit price per U.S. gallon.

k) AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018). While the Government intends to evaluate proposals in accordance with FAR 15.101-2, Lowest Price Technically Acceptable source selection process and award a contract without discussions, it reserves the right to conduct discussions if determined by the Contracting Officer to be necessary. 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. Therefore, offerors are advised to submit their best prices with their initial offer.

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

52.216-21 REQUIREMENTS (OCT 1995).

m) EVALUATION: As indicated in Section M in the solicitation, proposals will be evaluated in accordance with FAR 52.212-2, Evaluation – Commercial Items (OCT 2014). Offerors should thoroughly read and understand the terms and conditions contained in the solicitation. Failure to provide any information requested in the solicitation may render an offer unacceptable and preclude it from any further consideration. Offerors should ensure that the information contained in their proposals is factual, accurate, and complete.

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

ITEMS)

n) BIODIESEL CERTIFICATIONS: In accordance with Clause C16.27 FUEL, BIODIESEL (B20) (DLA ENERGY OCT 2014), all offerors submitting prices for Biodiesel are required to submit a copy of its B100 supplier’s EPA registration letter. Along with the EPA registration, a letter is also required from the supplier stating that the product will be provided from their terminal/refinery. These documents must be provided with the offer to be found responsible and stay in the competitive range. Without these documents, your offer may be disqualified.

o) OXYGENATED/NON-OXYGENATED GASOLINE ITEMS: Prices for oxygenated/non-oxygenated items will be adjusted during the oxygenated and non-oxygenated periods to allow for the difference in reference prices between the two periods. See Clause C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY JUN 2017) for oxygenate requirements.

p) SYSTEM FOR AWARD MANAGEMENT (SAM): SAM registration is required prior to contract award. FAR provision 52.212-3, Offeror Representations and Certifications – Commercial Items (OCT 2018) applies to this acquisition. Offerors shall complete this provision in SAM. SAM is an official U.S. Government system and all offerors are required to be registered in this system. Contractors register one time and confirm on an annual basis that their SAM registration is complete and accurate. There is NO fee to register for this site. Please provide the printout from SAM with your proposal. Offerors may obtain information on registration and annual confirmation requirements at:

SAM.gov or by calling 1-866-606-8220 or 334-206-7828

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

r) DUNS NUMBER: Please include your company’s Data Universal Numbering System (DUNS) Number in your offer submission letter.

NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE

TIME OF AWARD WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR

RECEIPT OF CONTRACTS WITH THE GOVERNMENT AGENCIES OR IN

RECEIPT OF A PROPOSED DEBARMENT FROM ANY GOVERNMENT

AGENCY IS VOIDABLE AT THE OPTION OF THE GOVERNMENT.

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

t) DLA Energy may conduct pre-award surveys to determine responsibility and request financial capability documentation for new vendors.

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

POINTS OF CONTACT:

Information Regarding Solicitation SPE605-20-R-0225 Points of contact for information regarding this solicitation are:

Danette Stewart Tonya Sterling Phone: (571) 767-9535 Phone: (571) 767-9561 Email: danette.stewart@dla.mil Email: tonya.sterling@dla.mil

SUMMARY OF OFFER SUBMISSION REQUIREMENTS:

IN ADDITION TO MEETING THE OFFER SUBMISSION REQUIREMENTS OF FAR

52.212-1, OFFERORS SHALL DO THE FOLLOWING:

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

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

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

MyInvoice) mailto:danette.stewart@dla.mil mailto:tonya.sterling@dla.mil https://www.sam.gov/

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

REGISTRATION IN THESE SYSTEMS IS REQUIRED BY THE OFFER

SUBMISSION DUE DATE AND TIME.

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

a. Solicitation number on your offer,

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

c. The name, address, email address, and telephone number of the offeror,

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

e. Terms of any express warranty,

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

g. Any discount terms,

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

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

52.212- 3(b) for those representations and certifications that the offeror shall complete electronically),

j. Return a signed copy of all Solicitation Amendments; and

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

(3) All offerors are required to provide written acknowledgement at the time of submission of their initial offer that the offer prices provided are accurate and include all applicable taxes and/or fees. Offerors must also confirm their ability to perform all contractual obligations in a satisfactory manner for the duration of the contract period at the offer price(s) submitted in response to Solicitation SPE605-20-R-0225.

(4) The following clauses below, in the Table of Contents, are included in full text or are incorporated by reference into this solicitation.

TABLE OF CONTENTS

SECTION B: SUPPLIES OR SERVICES PRICE COST

PROVISION

NUMBER

TITLE PAGE

B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY JAN 2012) 14

B19.19 ECONOMIC PRICE ADJUSTMENT - PETROLEUM PRODUCT PRICE, POSTS,

CAMPS, AND STATIONS (PC&S) (DLA ENERGY JUNE 2017)

B19.27-3 ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S) (ETHANOL)

(DLA ENERGY JAN 2012)

http://www.dibbs.bsm.dla.mil/

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

QUALITY

ASSURANCE

PROVISION

NUMBER

TITLE

PAGE

C1.02 ASST DATABASE OF SPECIFICATIONS (DLA ENERGY MAY 2019) 19

C16.08-1 TURBINE FUEL, AVIATION (JET A) (DLA ENERGY MAY 2018) 19

C16.14 FUEL, ETHANOL (PC&S) (DLA ENERGY JUL 2011) 19

C16.15 GASOLINE, AVIATION (GRADES 80/100LL) (DLA ENERGY OCT 2014) 19

C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM REQUIREMENTS (BUNKERS)

(DLA ENERGY FEB 2019)

C16.27 FUEL, BIODIESEL (B20) (DLA ENERGY OCT 2014) 19

C16.64-1 ENERGY QAP JP8 (DLA ENERGY OCT 2018) 19

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

JUN 2017)

C16.69-3 GASOLINE AUTOMOTIVE, UNLEADED, PREMIUM (MUP) (DLA ENERGY

JUN 2017)

C16.69-7 GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED GASOLINE)

(PC&S) (DLA ENERGY DEC 2016) [MRR]

C16.69-8 GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED GASOLINE)

(PC&S) (DLA ENERGY DEC 2016) [MMR]

C16.69-10 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) [DS1] 19

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

DEC 2016) [DS2]

C16.69-12 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) [DSS] 19

C16.69-13 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) [DSW] 19

C16.69-14 GASOHOL FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016) [GUR] 19

C16.69-15 GASOHOL FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016)

[GUM]

C16.69-16 GASOHOL FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016) [GUP] 19

C16.69-17 FUEL OIL, BURNER SPECIFICATION (PC&S) (FL2) (DLA ENERGY DEC

2016)

SECTION E: INSPECTION AND ACCEPTANCE

QUALITY

ASSURANCE

PROVISION

NUMBER

TITLE PAGE

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013) 19

E1.21 JET A / JET A-1 (DLA ENERGY FEB 2014) 19

E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015) 19

E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009) 19

E21.01 POINT OF INSPECTION (DLA ENERGY JUN 2015) 19

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY APR 2016)

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) 19

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

DEC 2011)

E40.01 MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA

WORKFLOW (WAWF) ENERGY RECEIVING REPORT (ERR) (BULK

FUEL/DIRECT DELIVERY AVIATION FUEL) (DLA ENERGY JUL 2014)

SECTION F: DELIVERIES OR PERFORMANCE

CLAUSE NUMBER TITLE PAGE

FAR 52.247-34 F.O.B DESTINATION (NOV 1991) 20

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

TRAILERS, AND TANK WAGONS (DLA ENERGY JAN 2012)

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) 26

F1.26 DELIVERY CONDITIONS FOR ALL ITEMS INCLUDING AUTOMATIC FILL-

UP (DLA ENERGY JAN 2004)

F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND

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

F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S)

(APR 2005)

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) 28

F20 AUTOMATIC FILL-UP (DLA ENERGY JAN 2012) 29

F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND

AVIATION FUELS (DLA ENERGY OCT 1992)

SECTION G: CONTRACT ADMINISTRATION DATA

CLAUSE NUMBER TITLE PAGE

DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017) 29

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DEC 2018)

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) 32

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 34

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

ENERGY JAN 2017)

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE

EXCHANGE (DLA ENERGY JUL 2007)

G150.06 SUBMISSION OF INVOICES FOR PAYMENT (DOMESTIC PC&S) (DLA

ENERGY JAN 2012)

SECTION H: SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES

CLAUSE NUMBER TITLE PAGE

The first section of Section I Contract Clauses are incorporated by reference (IBR) into this solicitation and any resulting contract.

FAR 52.203-3 GRATUITIES (APR 1984) (IBR) 41

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) (IBR) 41

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

2016) (IBR)

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016) (IBR)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013) (IBR)

FAR 52.242-13 BANKRUPTCY (JUL 1995) (IBR) 41

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011) (IBR)

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (OCT 2016) (IBR)

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(DEC 1991) (IBR)

DFARS 252.225-7021 TRADE AGREEMENTS—BASIC (SEP 2019) (IBR) 41

DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

(APR 2019)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) (IBR) 41

DFARS 252-243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) (IBR) 41

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL

COMPONENTS (DOD CONTRACTS) (JUNE 2013) (IBR)

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (FEB 2019) 41

This second section of Section I Contract Clauses are inserted in full text into this solicitation and the resulting Contracts.

Note, some of the below clauses have additional contract clauses IBR into them as well.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018)

• Incorporates by Reference:

o FAR 52.202-1 Definitions (Nov 2013) o FAR 52.233-1 Disputes (May 2014)

FAR 52.212-5 • CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL

ITEMS (JAN 2020)Incorporates by Reference:

o FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) o FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) o FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) o FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) o FAR 52.233-3 Protest After Award (Aug 1996) o FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct

2004)

FAR 52.216-21 REQUIREMENTS (OCT 1995) 55

FAR 52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE AWARD (MAR 2020)

(DEVIATION 2020-O0008)

FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL

BUSINESS CONCERNS (MAR 2020) (DEVIATION 2020-O0008)

FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020) (DEVIATION

2020-O0008)

FAR 52.219-7 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (MAR 2020)

(DEVIATION 2020-O0008)

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020) (DEVIATION 2020-

O0008)

FAR 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

SET-ASIDE (MAR 2020) (DEVIATION 2020-O0008)

FAR 52.219-29 NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD TO,

ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS

CONCERNS (MAR 2020) (DEVIATION 2020-O0008)

FAR 52.219-30 NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD TO, WOMEN-OWNED

SMALL BUSINESS CONCERNS ELIGIBLE UNDER THE WOMEN-OWNED SMALL

BUSINESS PROGRAM (MAR 2020) (DEVIATION 2020-O0008)

FAR 52.219-33 NONMANUFACTURER RULE (MAR 2020) (DEVIATION 2020-O0008) 67

FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 67

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 70

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 71

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) 71

DFARS 252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS

(FEB 2019)

DFARS 252.216-7006 ORDERING (SEP 2019) 72

DFARS 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) BASIC

(MAY 2019)

DLAD 52.233-9001 DISPUTES- AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

(DEC 2016)

I1.01 DEFINITIONS (DLA ENERGY JUN 2009) 73

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

ITEMS (DLA ENERGY FEB 1996)

I28.01 FEDERAL, STATE, AND LOCAL TAXES (DLA ENERGY NOV 2011)

(DEVIATION)

I28.02-2 FEDERAL, STATE, AND LOCAL TAXES AND FEES (DLA ENERGY DEC

2019)

I28.03-1 TAX EXEMPTION CERTIFICATES (DLA ENERGY AUG 2003) 76

I86.03 DELIVERY-ORDER LIMITATIONS (PC&S) (DLA ENERGY JAN 2012) 77

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION

(DLA ENERGY FEB 2009)

I209.09 EXTENSION PROVISIONS (JAN 2012) 78

SECTION J: LIST OF ATTACHMENTS

TITLE PAGE

SCHEDULE: LINE ITEM NARRATIVES - ATTACHMENT A 78

BASE REFERENCE PRICES - ATTACHMENT B 78

AMPS ROLE GUIDE - ATTACHMENT F

REQUESTING THE OET VENDOR ROLE IN AMPS GUIDE - ATTACHMENT D 78

PCS OET VENDOR GUIDE - ATTACHMENT E 78

SDVOSB AND SMALL BUSINESS SET ASIDES - ATTACHMENT C

C Energy QAPs - ATTACHMENT G 78

E Energy QAPs - ATTACHMENT H 78

SECTION K: REPRESENTATION AND CERTIFICATIONS

PROVISION

NUMBER

TITLE PAGE

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

2016)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (DEC 2019)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 80

FAR 52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS- COMMERCIAL

ITEMS (OCT 2018)

FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS

COMPLIANCE PLAN

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (NOV 2011)

DFARS 252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(JUN 2019)

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES REPRESENTATION – BASIC (DEC 2019)

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES –

REPRESENTATION (DEC 2019)

DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE

MADURO REGIME (DEVIATION 2020-O0005)

K1.01-12 SMALL BUSINESS PROGRAM NOTICE (DLA ENERGY JAN 2012) 97

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 97

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 97

K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE

SUBMISSION (DLA ENERGY MAY 2014)

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

PROVISION NUMBER TITLE CLAUSE

NUMBER

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 98

FAR 52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS (OCT 2018) 99

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 102

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 102

FAR 52.247-46 SHIPPING POINT(S) USED IN EVALUATION OF F.O.B. ORIGIN OFFERS

(APR 1984)

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016)

DFARS 252.215-7008 ONLY ONE OFFER (JUL 2019) 103

DLAD L06 AGENCY PROTESTS (DEC 2016) 104

DLAD 15.407-90 / L09 REVERSE AUCTION (OCT 2016) 104

L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 104

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 105

L54 SITE VISIT (DLA ENERGY OCT 1992) 105

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

PROVISION NUMBER TITLE PAGE

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) 106

M48.01 EVALUATION OF OFFERS (BARGE ITEMS) (DLA ENERGY MAR 1980) 108

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 108

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA

ENERGY APR 1997)

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B1.01 – SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY JAN 2012)

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

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

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

(d) If any gasoline items are included in this document, they may require oxygenated fuel as a result of changes in environmental laws. See the SPECIFICATIONS (CONT'D) (COG 6) contract text for a listing of counties, cities, and townships that require oxygenated gasoline during the period listed.

(e) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Any offers received for less than the full quantity for each line item will be rejected by the Government.

FUEL PRODUCT NSN: Approximate Quantity Fuel Ethanol (E85) (E8) 9130-01-470-2024 6,189,000 Gasohol Aviation (JP8) 9130-01-031-5816 10,000 Gasoline, Aviation (130LL) (10) 9130-00-179-1122 479,000 Jet Fuel, Type A (JAA) (06) 9130-00-359-2026 11,120,000 Gasohol, Reg UNL (GUR) (24) 9130-01-090-1093 55,895,000 Gasohol, Mid UNL (GUM) 9130-01-355-2393 957,000 Gasohol, Prem UNL (GUP) 9130-01-090-1094 156,000 Gasoline Reg UNL (MUR) (28) 9130-00-148-7103 1,071,000 Gasoline Prem UNL (MUP) 9130-00-1487104 10,000 RFG Midgrade UNL (MMR) (07) 9130-01-388-4513 518,000 RFG Reg UNL (MRR) (08) 9130-01-388-4080 849,000 Biodiesel (B20) (BDI) 9140-01-470-4520 2,401,000 Fuel Oil Burner #2 (FS2) (46) 9140-00-247-4365 360,000 Marine Gas Oil (MGO) 9140-01-313-7776 249,000 TX Diesel Fuel (TXR) 9140-01-541-9557 100,000 Red-dyed ULSD #1 (DSW) (DW) 9140-01-541-6767 926,000 Red-dyed ULSD #2 (DSS) (DS) 9140-01-541-6760 6,614,000 Summer ULSD (DS2) (US) 9140-01-524-0139 29,077,000 Winter ULSD (DS1) (UW) 9140-01-524-5174 22,599,000

SEE ATTACHMENT A “SCHEDULE” FOR REQUIREMENTS

NOTE: The above requirements are to be delivered via tank truck, tank wagon, drums, and/or barge to various Military and Federal Civilian facilities within the COG 6 Region.

B19.19 ECONOMIC PRICE ADJUSTMENT - PETROLEUM PRODUCT PRICE, POST, CAMP, AND

STATION (PC&S) (DLA ENERGY JUNE 2017)

(a) Warranties: The Contractor warrants that—The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this contract text; and

(1) The prices to be invoiced hereunder shall be computed daily in accordance with the wording of this contract text.

(b) Definitions: As used throughout this contract text, the term--

(1) Base price means—

(i) The unit price offered for an item and included in the contract award schedule; or

(ii) During any subsequent program year, either the effective contract price as of the start of the subsequent program year, or the price agreed upon as of the start of the subsequent program year.

(2) Base reference price means the reference price for an item as published on 1 Oct 2019. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the reference price for an item as published on the date nearest in time prior to the date shown.

(3) Reference price means that published reference price or combination of published reference prices for price adjustment of individual items by product, market area, and publication as specified in (f) below.

(4) Date of delivery means—

(i) For tanker or barge deliveries.

(A) Free on board (f.o.b.) origin: The date and time vessel commences loading.

(B) F.o.b. destination: The date and time vessel commences discharging.

(ii) For all other types of deliveries: The date product is received on a truck-by-truck basis.

(5) Published means issued in either printed or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the price set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail unless otherwise specified in (c) below.

(c) Adjustments: Contract price adjustments shall be provided via notification through contract modifications and/or posting to the web page under the heading Vendor Resources and then Product Price Adjustments to reflect any price change pursuant to this contract text.

(1) Calculations: The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fraction thereof, that the daily reference price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places.

Oil price information service (OPIS): For all items employing OPIS, the reference price in effect on the date of delivery shall be the end of day OPIS rack average effective (6:00 p.m. timestamp) that day. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect Other publications: Except for items employing OPIS, the reference price in effect on the date of delivery shall be that item's preselected reference price that is in effect the date of delivery. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

(2) Revision of published reference price: In the event—

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

(ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the reference price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract.

(3) Failure to deliver: Notwithstanding any other wording of this contract text, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions - Commercial Items clause of this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(4) Upward ceiling on economic price adjustment: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment texts shall not exceed 550 percent (%) of the of the base price in any applicable program year, except as provided below.

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

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.

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

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

(f) Publications. The following publication(s) is (are):

SEE ATTACHMENT B “BASE REFERENCE & ESCALATORS USED”

Note: B-19.27-3 – ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (PC&S) (ETHANOL) (DLA ENERGY JAN 2012) applies to all ethanol line items in lieu of B19.19 ECONOMIC PRICE

ADJUSTMENT - PETROLEUM PRODUCT PRICE, POST, CAMP, AND STATION (PC&S) (DLA

ENERGY JUNE 2017).

B19.27-3 – ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S) (ETHANOL) (DLA

ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

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

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

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

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

(2) Base market price means the industry publication, Contractor’s posted price, or the Contractor’s supplier’s price to be used in determining an economic price adjustment of the award price of an individual product for the market area and time period specified in this contract provision. The base market price is shown in paragraph (g), Column V of the Market Indicator Table and is the price from which economic price adjustments are calculated pursuant to this contract provision. The Contractor will propose a base market price which is subject to review by the Government to ensure it accurately reflects market conditions.

Singh, Jastar S CIV DLA ENERGY (USA) Why is this Font RED?

(3) Adjusting market price means the market price in affect on the date of delivery and that will be used to determine the change from the base market price (see Column V of the Table below).

(4) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

(c) PRICE ADJUSTMENTS. The Contractor’s price change notification shall be submitted in writing within 5 calendar days of such change. 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.

(1) CHANGE IN SUPPLIER’S PRICE. The price change notification shall include a copy of the Contractor's supplier's notice or invoice, which clearly shows the supplier's name, the increase/decrease in price or invoice, the applicable product, and the effective date of the change.

(2) CHANGE IN CONTRACTOR’S POSTED PRICE. The price change notification documentation shall be sufficient to justify such change and shall include, but not be limited to, the actual supplier-published fuel prices (rack, terminal, truck, etc.) clearly annotated for the fuel type to be procured and the effective date of the price change.

(3) In the event the Contracting Officer determines the justification is insufficient to warrant such a change in the supplier’s price or the Contractor’s posted price, the Contractor will be notified within 3 working days of DLA Energy’s receipt of the price change notification. The Contractor shall continue performance under this contract until the situation is resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(4) CHANGE IN INDUSTRY PUBLICATION PRICE. In the event that there is a change in the industry publication price used to effect a change in base market price, the Contractor will notify the Contracting Officer in writing and include substantiating documentation.

(5) CALCULATIONS. The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fractions thereof, that the base market price increases or decreases per like unit of measure between the date shown in Column V of the Table below and the date of delivery. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places, truncated.

(6) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the base market price within the allotted 5-day period, such decrease shall apply to deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease from the base market price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date reimbursement is received from the Contractor for the overpayment in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(7) INCREASES. Any increase in award price as a result of an increase in the base market price shall apply to all deliveries made on or after the date of receipt by the Contracting Officer of written notification from the Contractor of such increase in accordance with paragraph (c) above. However, no notification incorporating an increase in an award price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.

(8) 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 http://www.desc.dla.mil/ http://www.desc.dla.mil/ of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract, or is the result of an allocation made in accordance with the terms of the ALLOCATION clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(9) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT.