Solicitation SPE60520R0237_rev_Final.pdf

SPE605-20-R-0237

INFORMATION TO OFFERORS OR QUOTERS

COVER SHEET

Solicitation

SOLICITATION NUMBER: SPE605-20-R-0237 (COG 3, POSTS, CAMPS & STATIONS (PC&S) PP 3.23).

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-FEPAA, Brian Hobbs & Candy Cross Sterling 8725 John J. Kingman Road, Suite 3938 Ft. Belvoir, VA 22060-6222

29 July 2020, 3:00 PM, Eastern Standard Time (EST)

ORDERING PERIOD: Date of Award through July 31, 2022

DELIVERY PERIOD: 48 Hours after the Date of Award through August 31, 2022 (31 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 INDIANA, KENTUCKY,

MARYLAND, OHIO, TENNESSEE, VIRGINIA, AND WASHINGTON, DC.

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

BRIAN HOBBS CANDY CROSS

(571) 767-0423 (571) 767-8368

BRIAN.HOBBS@DLA.MIL CANDY.CROSS@DLA.MIL

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

ADDITIONAL INFORMATION: SEE NOTES AND ATTACHMENTS

mailto:BRIAN.HOBBS@DLA.MIL mailto:CANDY.CROSS@DLA.MIL

SPECIAL INSTRUCTIONS FOR OFFERORS

a) This Solicitation incorporates provisions & clauses from the COG 3 PC&S Fuel Program 3.23 Basic Agreement SPE605-20-R-0233 and is open to COG 3 Basic Agreement Holders only. If interested in becoming a Basic Agreement Holder please click on the link below and submit the required documentation listed in the referenced solicitation:

https://beta.sam.gov/opp/774c0d6c336f41e7b9ae3c721806a38c/view?keywords=spe605-20-r- 0233&sort=-relevance&index=&is_active=true&page=1

b) 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).

c) Solicitation Number SPE605-20-R-0237, is issued as a Request for Proposals (RFP).

d) SET ASIDES: This RFP has 23 line items set aside for small business.

a. SMALL BUSINESS CONCERNS: Of the 25 line items, 23 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 52.219-7, NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (MAR 2020) (DEVIATION 2020-O0008) applies to these line as set aside for small businesses.

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

c. 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 no more than 200,000 barrels per calendar day total Operable Atmospheric Crude Oil Distillation capacity. (See 13 C.F.R. § 121.201).

https://beta.sam.gov/opp/774c0d6c336f41e7b9ae3c721806a38c/view?keywords=spe605-20-r-0233&sort=-relevance&index=&is_active=true&page=1 https://beta.sam.gov/opp/774c0d6c336f41e7b9ae3c721806a38c/view?keywords=spe605-20-r-0233&sort=-relevance&index=&is_active=true&page=1

Line Items to be Set Aside for Small Business

Line Item

Prod Code Location TSW Location ID State Service Code

Mode Quantity

0001 DIESEL FUEL

(DSS) WHS EAST

UTILITIES PLANT

CDVEASTUPT WASHINGTON

DC

DoD TW 160,000

0002 BIODIESEL JOINT BASE

WASHINGTON

JBASEWASH DC USAF TW 12,000

0003 GASOLINE,

AUTOMOTIVE

(MUR)

NAVAL SURFACE

WARFARE

CENTER, CRANE

CDNNSACRNE IN NAVY TW 10,000

0004 DIESEL FUEL

(DS2)

NAVFAC PWD

CRANE

CDNNSACRNE IN NAVY TW 20,000

0005 DIESEL FUEL

(DS1)

NAVFAC PWD

Crane

CDNNSACRNE IN NAVY TW 60,000

0006 DIESEL FUEL

(DS2)

ARNG FORT KNOX W901AL163 KY ARNG TT 186,000

0007 DIESEL FUEL

(DSS)

SSA FREDERICK CDGSSADNSC MD

SSA

TT 60,000

0008 DIESEL FUEL

(DS2)

ABERDEEN

PROVING

GROUND

CDWARLAPGM MD ARMY

TW 20,000

0009 DIESEL FUEL

(DS1)

ABERDEEN

PROVING

GROUND

CDWARLAPGM MD ARMY TW 20,000

0010 DIESEL FUEL

(DSS)

FT. DETRICK W23QEPTTA MD ARMY

TT 54,000

0011 DIESEL FUEL

(DS2)

ABERDEEN TEST

CENTER

W81C5MTCTR MD ARMY TT 60,000

0012 GASOLINE,

AUTOMOTIVE

(MUR)

CAMP PERRY CDFCPRYJTC OH AFNG TW 20,000

0013 DIESEL FUEL

(DS2)

CAMP PERRY CDFCPRYJTC OH AFNG TW 60,000

0015 BIODIESEL NPS Great SMOKEY

MOUNTAINS

14471KK25 TN DI TW 186,000

0016 DIESEL FUEL

(DS2)

SECURE

TRANSPORTATION

CENTER OAK

RIDGE

CDGSTCTN TN DOE TW 100,000

0017 BIODIESEL ARLINGTON 1433AEL13 VA DI TT 182,000

0018 DIESEL FUEL

(DSS)

LANGLEY

RESEARCH CTR

803301L49 VA NASA TW 50,000

0019 DIESEL FUEL

(DSW)

LANGLEY

RESEARCH CTR

803301L49 VA NASA TW 50,000

0020 DIESEL FUEL

(DS2)

NORFOLK NAVAL

STATION

CDNNRFLKNS VA

NAVY TW 24,000

Line Item

Prod Code Location TSW Location ID State Service Code

Mode Quantity

0021 DIESEL

FUEL (DSS)

C CO

MOTORPOOL,

FT BELVOIR

CDWCCMPEBN VA ARMY TW 48,000

0023 DIESEL

FUEL (DS1)

MANSFIELD MAP

ANG

OHANG OH

AFNG TW 14,000

0024 DIESEL

FUEL (DSS)

NSWC

GAITHERSBURG

CDNNSWCOLS MD NAVY TW 10,000

0025 DIESEL

FUEL

(DSW)

NSWC

CARDEROCK

OLNEY

CDNNSWCOLS MD NAVY TW 10,000

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

REQUIREMENTS.

Delivery for all line items in the schedule of supplies shall be F.o.b. Destination.

f) 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). The base reference date is 5 June 2020. 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.

g) CLOSING DATE AND LATE OFFERS: 29 July 2020; 3:00 PM, Eastern Standard Time (EST). Any offer received after 29 July 2020, 3:00 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 (MAR 2020) listed in the Basic Agreement.

h) 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 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 shall be entered and submitted in OET only.

2. Please use the attached instruction titled, “AMPS Role Guide-ATTACHMENT C” 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.

https://amps.dla.mil/

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 ATTACHMENT E 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 brian.hobbs@dla.mil and candy.cross@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.

If you are unable to submit in OET then send via email to brian.hobbs@dla.mil, and candy.cross@dla.mil

i) TAX AND FEE INFORMATION: Applicability of various Federal, State, and Local taxes is governed by the following provisions & clauses referenced in Basic Agreement SPE605-20-R- 0233:

• 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.

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.

j) AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of FAR

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (MAR 2020)

referenced in the Basic Agreement. The Government intends to evaluate quotes, and award contracts without discussions. However, the Government reserves the right to conduct discussions if determined by the Contracting Officer to be necessary. Therefore, offerors are advised to submit their best prices with their initial offer.

k) 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) referenced in the Basic Agreement.

l) 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.

mailto:DLAEnterpriseHelpDesk@dla.mil mailto:brian.hobbs@dla.mil mailto:candy.cross@dla.mil mailto:brian.hobbs@dla.mil, mailto:candy.cross@dla.mil

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

ITEMS)

m)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.

n) SYSTEM FOR AWARD MANAGEMENT (SAM): SAM registration is required prior to contract award. FAR provision 52.212-3, Offeror Representations and Certifications – Commercial Items (MAR 2020) referenced in the Basic Agreement applies to this acquisition.

Offerors shall complete this provision in SAM. SAM is an official U.S. Government system and all offerors are required to be registered in this system. Contractors register one time and confirm on an annual basis that their SAM registration is complete and accurate. There is NO fee to register for this site. Please provide the printout from SAM with your proposal. Offerors may obtain information on registration and annual confirmation requirements at:

https://www.sam.gov or by calling 1-866-606-8220 or 334-206-7828

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.

o) 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.

POINTS OF CONTACT:

Information Regarding Solicitation SPE605-20-R-0237 Points of contact for information regarding this solicitation are:

Brian Hobbs Candy Cross Phone: (571) 767-0423 Phone: (571) 767-8368 Email: brian.hobbs@dla.mil Email: candy.cross@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)

• 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.

mailto:brian.hobbs@dla.mil mailto:candy.cross@dla.mil https://www.sam.gov/ http://www.dibbs.bsm.dla.mil/

(2) All Blanket Holder offerors must comply with the instructions in FAR 52.2121(b) to include at a minimum:

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

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

c. 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-02.

(3) 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)

B19.19 ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT PRICE,

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

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

QUALITY

ASSURANCE

PROVISION

NUMBER

TITLE

PAGE

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

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

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

JUN 2017)

ATT F

C16.69-2 GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (PC&S) (DLA

ENERGY JUN 2017)

ATT F

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

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

DEC 2016) [DS2]

ATT F

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

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

SECTION E: INSPECTION AND ACCEPTANCE

QUALITY

ASSURANCE

PROVISION

NUMBER

TITLE PAGE

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013) ATT G

E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015) ATT G

E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009) ATT G

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

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY APR 2016)

ATT G

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) ATT G

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

DEC 2011)

ATT G

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)

ATT G

SECTION F: DELIVERIES OR PERFORMANCE

Referenced in Basic Agreement SPE605-20-R-0233 and incorporated into any resulting contract

CLAUSE NUMBER TITLE PAGE

The following Contract Clause adds the delivery and ordering period dates to Section F for this solicitation

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUNE 2002) 14

SECTION G: CONTRACT ADMINISTRATION DATA

Referenced in Basic Agreement SPE605-20R-0233 and incorporated into any resulting contract

SECTION I: CONTRACT CLAUSES

CLAUSE NUMBER TITLE PAGE

FAR 52.219-7 is hereby added to Section I for this solicitation pertaining to the set aside line items in this solicitation and incorporated into any resulting contract (for set aside line items only).

FAR 51.216-21: The ending of the ordering period was added to this provision for this solicitation.

FAR 52.216-21 REQUIREMENTS (OCT 1995)

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

(DEVIATION 2020-O0008)

FAR 52.219-14

LIMITATIONS ON SUBCONTRACTING (DEVIATION 2020-O0008).

SECTION J: LIST OF ATTACHMENTS

TITLE PAGE

SCHEDULE: LINE ITEM NARRATIVES - ATTACHMENT A ATT A

BASE REFERENCE PRICES - ATTACHMENT B ATT B

AMPS ROLE GUIDE - ATTACHMENT C ATT C

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

PCS OET VENDOR GUIDE - ATTACHMENT E ATT E

C Energy QAPs - ATTACHMENT F ATT F

E Energy QAPs - ATTACHMENT G ATT G

SECTION K: REPRESENTATION AND CERTIFICATIONS

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

PROVISION NUMBER TITLE PAGE

The following Provision is added to Section L for this solicitation

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

Evaluation Criteria is added under FAR 52.212-2 and M72 for this solicitation

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) 18

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 3) 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 Gasoline Reg UNL (MUR) 9130-00-148-7103 30,000 Gasoline Mid Grade UNL (MUM) 9130-01-272-0983- 220,000 Biodiesel (B20) (BDI) 9140-01-470-4520 380,000 Red-dyed ULSD #1 (DSW) (DW) 9140-01-541-6767 60,000 Red-dyed ULSD #2 (DSS) (DS) 9140-01-541-6760 382,000 Summer ULSD (DS2) (US) 9140-01-524-0139 630,000 Winter ULSD (DS1) (UW) 9140-01-524-5174 94,000

SEE ATTACHMENT A “SCHEDULE” FOR REQUIREMENTS

NOTE: The above requirements are to be delivered via tank truck and tank wagon, to various Military and Federal Civilian facilities within the COG 3 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 5 June 2020. 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 350 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”

SECTION C: DESCRIPTION / SPECIFICATION

The following clauses are incorporated by reference, and are provided in full text in ATTACHMENT F:

C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAY 2014)

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

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

JUN 2017)

C16.69-2– GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (PC&S) (DLA

ENERGY JUN 2017)

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

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]

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

SECTION E: INSPECTION AND ACCEPTANCE

The following clauses are incorporated by reference, and are provided in full text in ATTACHMENT G:

E1 CONTRACTOR INSPECTION RESPONSIBILITIES

E12 POINT OF ACCEPTANCE

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

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

E22 –LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY APR 2016)

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

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

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

(a) The period of this contract during which the Ordering Officer may order and the Contractor shall deliver, if ordered, will be as follows unless the Schedule specifies otherwise:

(1) Ordering period begins: _Date of Award and ends: _July 31, 2022.

(2) Delivery period begins: _48 hours after contract award and ends: August 31, 2022.

(b) Notwithstanding the foregoing, deliveries prior to the delivery period, made at the option of the Contractor and pursuant to an order by the Government, shall be deemed to have been made under this contract at the applicable contract price.

SECTION G: CONTRACT ADMINISTRATION DATA

SECTION I: CONTRACT CLAUSES

FAR 52.216-21 – REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 August 2022.

FAR 219-7 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (MAR 2020) (DEVIATION 2020-

O0008)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to contracts that have been partially set aside for small business concerns.

(c) General.

(1) A portion of this requirement, identified elsewhere in this solicitation, has been set aside for award to one or more small business concerns identified in 19.000(a)(3). Offers received from concerns that do not qualify as small business concerns shall be considered nonresponsive and shall be rejected on the set-aside portion of the requirement.

(2) Small business concerns may submit offers and compete for the non-set-aside portion and the set-aside portion.

(d) The Offeror shall— [Contracting Officer check as appropriate.] __ Submit a separate offer for each portion of the solicitation for which it wants to compete (i.e., set-aside portion, non-set-aside portion, or both); or __ Submit one offer to include all portions for which it wants to compete.

(e) Partial set-asides of multiple-award contracts.

(1) Small business concerns will not compete against other than small business concerns for any order issued under the part or parts of the multiple-award contract that are set aside.

(2) Small business concerns may compete for orders issued under the part or parts of the multiple-award contract that are not set aside, if the small business concern received a contract award for the non-set-aside portion.

(f) Agreement.

(1) For a contract or an order at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract or an order exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

(3) Paragraphs (f)(1) through (2) of this clause do not apply to construction or service contracts.

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2020-O0008).

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Contracts that have been awarded on a sole-source basis in accordance with subpart 19.8;

(4) Orders set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), if the order amount is expected to exceed the simplified acquisition threshold;

(5) Orders competed among 8(a) participants in accordance with subpart 19.8 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), regardless of dollar value;

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference; and

(7) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a NAICS code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs are excluded to the extent they are not the principal purpose of the contract and cannot be obtained from small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(g) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1) and (2) of this clause— [Contracting Officer check as appropriate.] __ By the end of the base term of the contract and then by the end of each subsequent option period; or __ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(3) and (4) of this clause, by the end of the performance period for the order.

SECTION J: LIST OF ATTACHMENTS

[X] SCHEDULE: LINE ITEM NARRATIVES – ATTACHMENT A

[X] BASE REFERENCE PRICES & ESCALATORS– ATTACHMENT B

[X] AMPS ROLE GUIDE –ATTACHMENT C

[X] REQUESTING THE OET VENDOR ROLE IN AMPS GUIDE – ATTACHMENT D

[X] PCS OET VENDOR GUIDE – ATTACHMENT E

[X] C Energy QAPs – ATTACHMENT F [X] E Energy QAPs – ATTACHMENT G

SECTION K: REPRESENTATIONS AND CERTIFICATIONS

SECTION L: INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS AND QUOTERS.

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

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

Note, this Provision must be filled out and returned to DLA Energy

[ ] Check here if not subcontracting with a transportation company in the performance of any resultant contract.

(a) In the performance of any resultant contract, offeror agrees not to utilize transportation companies that have been debarred or suspended, are ineligible for receipt of contracts with Government agencies, are in receipt of a notice of proposed debarment or ineligibility from any Government agency, or are otherwise ineligible under Federal programs. Offerors shall submit the name, address, and telephone number of the transportation company(ies) that will be utilized in the performance of any resultant contract.

In addition, it is requested that offerors provide the State(s) in which the transporter is authorized to conduct business.

(b) The information provided will not be used in the evaluation of offer prices. However, the information is subject to review by the Contracting Officer and could result in a nonresponsibility determination. Failure to provide the requested information may also render the offeror nonresponsible.

(c) Should any of the specified information change prior to award, offerors are required to provide the Contracting Officer with the updated information (also see the NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY contract provision in Addendum II).

Name, Address, and Phone Number State(s) in which transport of Transportation Company is authorized to operate

SECTION M: EVALUATION FACTORS FOR AWARD

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror(s) whose offer(s), conforming to the Solicitation, will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Price and Technical Capability. Proposals will be evaluated in accordance with FAR 52.212-2 Evaluation – Commercial Items, using Lowest Price Technically Acceptable source selection process. Each line item will be evaluated and awarded independently from all other line items. The following factors shall be used to evaluate offers:

FACTOR 1: PRICE

FACTOR 2: TECHNICAL CAPABILITY

FACTOR 1: PRICE

The lowest price will be determined by evaluating offers on a line item-by-line item basis. Each line item will be evaluated and awarded independently from all other line items. The six-month extension period in provision I209.09 for each line item will be evaluated by multiplying the offered unit price against an estimated quantity for the six month period. Evaluation of extensions does not obligate the Government to exercise option.

FACTOR 2: TECHNICAL CAPABILITY

The Government will evaluate an offeror’s technical capability on an Acceptable/Unacceptable basis. In order to be considered for award, an offeror must meet or exceed the following technical acceptability standards:

1. Acceptable: An offer will be deemed technically acceptable if it meets the requirements of the Solicitation. To show that the offer meets the requirements of the Solicitation, the offeror must offer to provide product that meets the applicable specification as set forth in this Solicitation. To allow the Government to determine acceptability, the offeror’s proposal should contain a statement, for each product offered, substantially similar to the following:

[Name of Offeror] proposes to deliver [product] conforming to [specification].

In addition, to be technically acceptable for marine gas oil (MGO), biodiesel (B20), and E85, an offeror must submit a certificate of analysis, certificate of quality, or specification sheet demonstrating that the offeror can provide fuel meeting the applicable specification.

2. Unacceptable: An offer that does not meet the requirements of the Solicitation.

Responsibility: In addition to the evaluation criteria stated above, the Government must determine the responsibility of any potential subcontractor in accordance with FAR subpart

9.1. In making this responsibility determination, the Government may conduct pre-award surveys to assure awardees meet the FAR 9.104-1 standards for present responsibility. In addition, the Government may request that offerors provided commitment letters from its suppliers. The Government may also request copies of the transportation agreements with the offeror’s transportation subcontractors. Offerors are encouraged to submit such commitment letters and transportation agreements with their initial offers. For biodiesel line items, an offeror must also submit its suppliers BQ-9000 certification and EPA registration letter to be found responsible, and should submit these documents with its proposal.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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

(a) Offerors are expected to submit offers in full compliance with all terms and conditions of this solicitation.

(b) Any exceptions/deviations to the terms and conditions of this solicitation will result in the Government's determination that either--

(1) The exception/deviation is material enough to warrant rejection of the offer in part or in full; or

(2) The exception/deviation is acceptable.

(c) If the exception/deviation is in reference to a specification contained in this solicitation and the offeror cannot supply product fully meeting the required specification(s), the product can be offered for consideration provided the offeror clearly indicates, by attachment to the offer, the extent to which any product offered differs from the required specification(s).

(d) If the exception/deviation is in reference to a particular test, inspection, or testing method contained in this solicitation, the offer can be considered provided the offeror clearly indicates, by attachment to the offer, the extent to which its offer differs from those requirements.

(e) If the exception/deviation is determined acceptable, offered prices may be adjusted, for evaluation purposes only, by the Government's best estimate of the quantitative impact of the advantage or disadvantage to the Government that might result from making an award under those circumstances.

REQUIREMENTS (OCT 1995)