10R0704 - Addendum Package.pdf

SECTION II

ADDENDUM

PACKAGE

SOLICITATION: SP0600-10-R-0704

THE ENCLOSED SOLICITATION COVERS THE FOLLOWING TIME PERIOD(S):

ARMY REQUIREMENT

PERFORMANCE PERIOD

JULY 1, 2010 THROUGH DECEMBER 30, 2010

SP0600-10-R-0704

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SECTION II

ADDENDUM PACKAGE

INDEX OF CLAUSES

CLAUSE NUMBER CLAUSE TITLE PAGE

SECTION B

INT-B1 SUPPLIES TO BE FURNISHED (BULK) (DESC SEP 2001) A-1

SECTION C

INT-C1 SPECIFICATIONS (DESC JAN 1997) A-3

INT-C1.02 DODISS SPECIFICATIONS (DESC OCT 2000) A-3

SECTION E

INT-E14.02 INSPECTION AND ACCEPTANCE (BULK/SPR) (DESC MAR 1996) A-4

INT-E33.07 MANUFACTURING AND FILLING POINTS (DESC MAR 2006) A-4

(SEE OFFER SUMBISSION PACKAGE FOR FULL TEXT)

INT-E35 NONCONFORMING SUPPLIES AND SERVICES (DESC OCT 2009) A-4

INT-E40.05 MATERIAL INSPECTION AND RECEIVING REPORT (DESC MAR 2000) A-5

SECTION F

52.211-16 VARIATION IN QUANTITY (APR 1984) A-6

52.247-29 F.O.B. ORIGIN (FEB 2006) A-6

52.247-34 F.O.B. DESTINATION (NOV 1991) A-7

INT-F1 DELIVERY CONDITIONS FOR TANK CARS, BOXCARS, TRUCKS A-7

TRANSPORT TRUCKS, TRUCKS AND TRAILERS, TANK WAGONS

PIPELINE, AND LIGHTERS (DESC JUN 2002)

INT-F1.09 DETERMINATION OF QUANTITY (DESC JUN 2009) A-9

INT-F3.02 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME A-12

AND DETENTION RATES (BULK/LUBES)(DESC JUN 1996)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

INT-F4 DELIVERY AND ORDERING PERIOD (DESC JUN 2002) A-12

INT-F14 SHIPMENT AND ROUTING (DESC MAR 2003) A-12

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SECTION G

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH A-14

OFFER (MAY 1999)

INT-G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998) A-14

INT-G6 INVOICE DISCREPANCIES (BULK) (DESC SEP 2002) A-14

INT-G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS –CORPORATE TRADE A-14

EXCHANGE (DESC MAR 2003)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

INT-G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS –FEDERAL RESERVE WIRE A-14

TRANSFER SYSTEM (DESC JAN 2007)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

INT-G150.05 SUBMISSION OF INVOICES FOR PAYMENT – COMMERCIAL ITEMS A-14

(BULK) (DESC MAR 2009)

SECTION I

52.216-18 ORDERING (OCT 1995) A-17

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) A-17

52.243-1 CHANGES – FIXED PRICE (AUG 1987) A-17

253.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003) A-17

INT-I1.01 DEFINITIONS (BULK) (DESC JUN 2009) A-18

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INT-I28.01 FEDERAL, STATE, AND LOCAL TAXES (DESC AUG 2003) (DEVIATION) A-18

INT-I28.02-1 FEDERAL AND STATE TAXES/FEES (DESC JUL 2006) A-19

INT-I28.03-1 TAX EMEPTION CERTIFICATES (DESC AUG 2003) A-20

INT-I28.24 U.S. IMPORT TAX ON PETROLEUM (BULK) (DESC DEC 1980) A-20

INT-I86.12 DELIVERY-ORDER LIMITATIONS - SCOPE OF CONTRACT (BULK) (DESC SEP 2006) A-20

INT-I190.04 MATERIAL SAFETY DATA SHEETS –COMMERCIAL ITEMS (BULK) A-21

(DESC MAR 1996)

SECTION J

OSP ATTACHMENTS

STANDARDIZED FORMAT FOR USE IN THE PREPARATION OF ATTACHMENT 1 TO OSP

PRODUCT TEST REPORTS

DESC FORM 19.3– SMALL BUSINESS SUBCONTRACTING PLAN ATTACHMENT 2 TO OSP

ADDENDUM ATTACHMENTS

ARMY SPECIFICATIONS ATTACHMENT 1

CONTRACTOR INSPECTION RESPONSIBILITIES FOR HYDRO-TREATED ATTACHMENT 2

RENEWABLE JET (HRJ) HR-J8 AVIATION FUELS (DESC JUN 2009)

SECTION K

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL A-22

ITEMS (CONT’D) (DESC FEB 2009)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A-22

A TERRIORIST COUNTRY (JAN 2009)

252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL A-22

ITEMS (ALTERNATES I/II) (AUG 2009/APR 2002/OCT 2000)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) A-22

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

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INT-K101-7 OFFEROR RPSENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS A-22

(CONT’D) (DESC FEB 2009)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

INT-K5 USE OF ELECTRONIC DATA INTERCHANGE (DESC MAR 2009) A-22

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

INT-K15.01 RELEASE OF UNIT PRICES (BULK) (DESC NOV 2002) A-22

INT-K33.01 AUTHORIZED NEGOTIATORS (APR 2007) A-23

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

INT-K45.01 FACSIMILE OR ELECTRONIC INVOICING (DESC JAN 1998) A-23

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

INT-K86 FOREIGN TAXES (DESC JUN 1987) A-23

SECTION L

52.215-5 FACSIMILE PROPOSALS (OCT 1997) A-24

52.216-1 TYPE OF CONTRACT (APR 1984) A-24

52.233-9000 AGENCY PROTESTS (SEP 1999) – DLAD A-24

52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION A-24

(JUN 2001) – DLAD

INT-L2.07 EVIDENCE OF RESPONSIBILITY (DESC JAN 1998) A-24

INT-L2.11-4 E-MAIL PROPOSALS (DESC APR 2005) A-25

SECTION M

INT-M41 EVALUATION OF OFFERS - TRANSPORTATION RATES AND RELATED COSTS A-26

(DOMESTIC PC&S AND LUBES) (DESC SEP 2000)

INT-M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DESC APR 1997) A-26

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SECTION B

INT-B1 SUPPLIES TO BE FURNISHED (BULK) (DESC SEP 2001)

(a) The minimum and maximum quantities are defined in the DELIVERY-ORDER LIMITATIONS - SCOPE OF CONTRACT clause.

(b) The supplies to be furnished during the contract period and all associated data are as follows:

ARMY REQUIREMENT

HYDROTREATED RENEWABLE JP8 (HR-J8)

REQUIREMENT – JULY 1, 2010 THROUGH DECEMBER 30, 2010

NOTES:

1. FOB Origin/FOB Destination into Tank Truck (TT).

2. FOB Origin TT offers will be evaluated directly to the end-user locations.

ITEM LOCATION TOTAL QTY (USG) PRICE/USG

0001 (SEE DETAILS FOR INDIVIDUAL 18,450 $_________

CUSTOMERS TO BE SUPPLIED)

SOUTHWEST RESEARCH INSTITUTE, SAN ANTONIO, TX

MODE FSII SDA CI AO

TRUCK NONE REQUIRED NONE REQUIRED

IMPORTANT NOTE: Any and all fuel deliveries must be coordinated with SWRI POC well in advance and at a minimum no less than 4 weeks prior to anticipated fuel delivery.

ARMY REQUIREMENT

1. The ordering period is DATE OF AWARD through December 30 , 2010 (see Clause INT-F4 found on Addendum Package page A-14).

2. Any resultant contract will be Firm Fixed Price (see FAR 52.216-1 found on Addendum Package page A-33).

3. Materials: Hydrotreated Renewable JP-8 (HR-J8) fuel supplied under this procurement shall consist predominately of n-paraffins, iso-paraffins and cycloparaffins and shall be produced solely from triglycerides and free fatty acids derived from either plant or algal oils (soy, camelina, jatropha, corn, palm, algae etc.).

4. Chemical and physical requirements: The chemical and physical requirements of the finished HR-J8 shall conform to those listed in the Army specification (see Attachment 2).

5.Feedstock: For all deliveries throughout the contract period the volumetric proportion of feedstocks (triglycerides and free fatty acids derived from either plant or algal oils) used to produce hydro-treated renewable jet (“HRJ”) fuel shall be consistent. The type and number of feedstocks used in the production of the “HRJ” fuel for this procurement shall be the same in each delivery.

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B1 (CONT’D)

6. Production: The offeror shall identify the location and production processes utilized to produce the HR-J8.

A. The offeror shall provide a general description of how the offeror will ensure a reliable supply of on-spec product to meet the Government’s requirements as stated in the solicitation.

1. Describe the entire process used to manufacture the refined fuel.

2. Describe the type of all feedstocks used to produce the feedstock oil. Identify the location and process used to produce the feedstock oil. . If the oil is a blend, identify the type and percentage of each oil in the blend and the source.

3. If the offeror is not the manufacturer for every step in production cycle, the offeror shall provide supply and /or manufacturing commitments for production processes not performed by the offeror.

4. The offeror shall provide information to demonstrate its ability to maintain the same feedstock source for each CLIN over the life of the contract.

5. The offeror shall provide information to demonstrate its ability to maintain the same percentage of each feedstock oil component for each CLIN over the life of the contract.

6. The offeror shall provide information regarding its production capability per day, and ability to meet the delivery schedule. If the offeror is not the manufacturer for any step in the production cycle, the offeror shall provide documentation regarding the production capability of its subcontractors for those steps (oil production, oil extraction, oil refinement).

7. The offeror shall provide substantiation of the technical maturity of the producer’s fuel, and its ability to meet the specification requirement. If available, provide laboratory test results showing compliance with the requirements of Tables I and II and the identification of the laboratory that performed the evaluation.

8. The offeror shall supply a Material Safety Data Sheet (MSDS) for the HR-J 8 offered.

9. The offeror shall supply a Quality Control Plan (QCP).

(DESC 52.207-9F10)

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SECTION C

INT-C1 SPECIFICATIONS (DESC JAN 1997)

Product to be supplied shall fully meet the requirements of the applicable specification(s) as indicated in the Supply Schedule, except as modified elsewhere in this contract. Unless otherwise indicated by the Contractor, prior to award and in accordance with the EVALUATION OF OFFERS clause, the product offered will be assumed to fully meet the applicable specification(s).

INT-C1.02 DODISS SPECIFICATIONS (DESC OCT 2000)

Unless otherwise specified, the issues of Federal and Military specifications, standards, and related standardization documents and those non-Government standards adopted for Department of Defense use, which are cited in this solicitation/contract, are those listed in the most recent Department of Defense Index of Specifications and Standards (DODISS) and any applicable supplement. The basic DODISS is issued on July 1st every year; supplementals thereto are issued every other month thereafter, those dates being September 1st, November 1st, January 1st, March 1st, and May 1st.

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SECTION E

INT-E14.02 INSPECTION AND ACCEPTANCE (BULK/SPR) (DESC MAR 1996)

On f.o.b. origin deliveries, acceptance of the supplies furnished hereunder will take place at origin, notwithstanding that inspection by the Government may take place elsewhere prior to acceptance. On f.o.b. destination deliveries, acceptance of the supplies furnished hereunder will take place at destination, notwithstanding that inspection by the Government may take place elsewhere prior to acceptance.

Acceptance occurs when the authorized Government Representative signs the Material Inspection and Receiving Report (DD Form 250 series).

The office responsible for inspection, on behalf of the Government, shall be as follows:

SOURCE OF PRODUCT

ITEM(S) AND/OR SHIPPING POINT INSPECTOR(S)

TO BE DETERMINED BY DESC PRIOR TO CONTRACT AWARD

INT-E33.07 MANFUCTURING AND FILLING POINTS (DESC MAR 2006)

INT-E35 NONCONFORMING SUPPLIES AND SERVICES (DESC OCT 2009)

(a) DEFINITION: As used in this clause:

Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract.

Extraordinary situation means the matter cannot await resolution until the next Defense Energy Support Center (DESC) business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded).

Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method. Approval is on a case-by-case basis and is normally for a set period of time.

(b) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(c) The following procedures shall be used to request a deviation or waiver.

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DESC CONTRACTS or QUALITY REPRESENTATIVE clause of this contract. Each request shall provide the following information: Contractor name; name and contact information of the contractor’s authorized negotiator; contract number; contract line item number and product nomenclature, clause number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and an agreement to pay an equitable price reduction, estimated and proposed by DESC, over and above the administrative fee, contingent on the impact of the specific circumstances on DESC relative to approval of the deviation or waiver.

(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DESC business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420.

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INT-E35 (CONT’D)

(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(4) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $250, which covers administrative costs, plus any additional cost of Government reinspection or retest, if necessary.

(5) If a deviation or waiver is granted modifying this contract, but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $500, a second contract modification shall be issued reducing the Contractor's obligation to $500 (the administrative cost of issuing the two required modifications), plus, if appropriate, any cost of Government reinspection or retest performed as a result of the deviation or waiver being granted.

(d) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES – FIXED-PRICE, INSPECTION OF SERVICES

– FIXED PRICE, or CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause, then in no event will consideration be less than $250 to cover administrative costs. This $250 fee is in addition to—

(1) Consideration commensurate with the extent of nonconforming supplies; and

(2) Cost of Government reinspection or retest, if necessary.

The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.

(e) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency, resulting from the delivery of nonconforming supplies under a DESC contract.

(f) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, but not limited to, rejecting the supplies or services whenever feasible and documenting the Contractor's performance records.

INT-E40.05 MATERIAL INSPECTION AND RECEIVING REPORT (DESC MAR 2000)

(a) One copy of the documents and reports listed below shall be mailed to--

ATTN DESC-BP (LR) ROOM 2954

DEFENSE ENERGY SUPPORT CENTER

8725 JOHN J KINGMAN ROAD SUITE 4950

FORT BELVOIR VA 22060-6222

(b) Laboratory reports shall be in the Standard Report Format given in Attachment 2 for the Standardized Format for Use in Preparation of Product Test Reports. Include, where applicable, information on any intermediate shipping or holding tanks with batch number designations used to define the product movement. Use the guidelines below to determine when to submit the laboratory reports.

(1) MARINE SHIPMENTS. Submit a completed DD Form 250-1, test reports, and vessel ullage reports for all products shipped. If more than one shipping tank was used for the lift, include a complete analysis of each shipment tank and clearly indicate the quantity of product drawn from each tank.

(2) PIPELINE SHIPMENTS. Submit a completed DD Form 250, copy of order (DD Form 1155), and complete laboratory results for total quantity of product shipped from each shipping tank used to fill the order. Insure test methods or test codes as defined in the Attachment are specified on the test report.

(3) TRUCK AND RAIL CAR SHIPMENTS. When loading from source tank has finished, submit one copy of the complete laboratory analysis for the source tank and attach all DD Forms 250 for product received from that source tank. Insure test methods or test codes as defined in the Attachment are specified on the test report.

(c) If only one shipment is made from a shipping tank, then the quantity of the Standard Report Format should represent the quantity shipped and not the tank capacity or the quantity in the tank at the time of sampling. If more than one shipment was made from the same shipping tank, the quantity can either be left blank or annotated with the quantity shipped during that individual shipment.

(d) In all cases, the DD Form 250 or DD Form 250-1 should contain information that will connect the shipment being documented with the product source tank used. This information includes batch number, tank approval date, and tank number. Insure that the "city" indicated on the Standard Test Report Form matches the city from which the shipment was made that is indicated in the "Shipped From" block on the DD Form 250 series document.

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SECTION F

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

Percent increase

This increase or decrease shall apply to Percent decrease

ALL ITEMS.

52.247-29 F.O.B. ORIGIN (FEB 2006)

(a) The term “f.o.b. origin,” as used in this clause, means free of expense to the Government delivered—

(1) On board the indicated type of conveyance of the carrier (or of the Government, if specified) at a designated point in the city, county, and State from which the shipment will be made and from which line-haul transportation service (as distinguished from switching, local drayage, or other terminal service) will begin;

(2) To, and placed on, the carrier’s wharf (at shipside, within reach of the ship’s loading tackle, when the shipping point is within a port area having water transportation service) or the carrier’s freight station;

(3) To a U.S. Postal Service facility; or

(4) If stated in the solicitation, to any Government designated point located within the same city or commercial zone as the f.o.b.

origin point specified in the contract (the Federal Motor Carrier Safety Administration prescribes commercial zones at Subpart B of 49 CFR part 372).

(b) The Contractor shall— (1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge;

(2)(i) Order specified carrier equipment when requested by the Government; or

(ii) If not specified, order appropriate carrier equipment not in excess of capacity to accommodate shipment;

(3) Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckload shipment (when loaded by the Contractor) on or in the carrier’s conveyance as required by carrier rules and regulations;

(4) Be responsible for any loss of and/or damage to the goods—

(i) Occurring before delivery to the carrier;

(ii) Resulting from improper packing and marking; or

(iii) Resulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the Contractor on or in the carrier’s conveyance;

(5) Complete the Government bill of lading supplied by the ordering agency or, when a Government bill of lading is not supplied, prepare a commercial bill of lading or other transportation receipt. The bill of lading shall show—

(i) A description of the shipment in terms of the governing freight classification or tariff (or Government rate tender) under which lowest freight rates are applicable;

(ii) The seals affixed to the conveyance with their serial numbers or other identification;

(iii) Lengths and capacities of cars or trucks ordered and furnished;

(iv) Other pertinent information required to effect prompt delivery to the consignee, including name, delivery address, postal address and ZIP code of consignee, routing, etc.;

(v) Special instructions or annotations requested by the ordering agency for commercial bills of lading; e.g., “This shipment is the property of, and the freight charges paid to the carrier(s) will be reimbursed by, the Government”; and

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52.247-29 (CONT’D)

(vi) The signature of the carrier’s agent and the date the shipment is received by the carrier; and

(6) Distribute the copies of the bill of lading, or other transportation receipts, as directed by the ordering agency.

(c) These Contractor responsibilities are specified for performance at the plant or plants at which the supplies are to be finally inspected and accepted, unless the facilities for shipment by carrier’s equipment are not available at the Contractor’s plant, in which case the responsibilities shall be performed f.o.b. the point or points in the same or nearest city where the specified carrier’s facilities are available; subject, however, to the following qualifications:

(1) If the Contractor’s shipping plant is located in the State of Alaska or Hawaii, the Contractor shall deliver the supplies listed for shipment outside Alaska or Hawaii to the port of loading in Alaska or Hawaii, respectively, as specified in the contract, at Contractor’s expense, and to that extent the contract shall be “f.o.b. destination.”

(2) Notwithstanding paragraph (c)(1) of this clause, if the Contractor’s shipping plant is located in the State of Hawaii, and the contract requires delivery to be made by container service, the Contractor shall deliver the supplies, at the Contractor’s expense, to the container yard in the same or nearest city where seavan container service is available.

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

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

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

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall— (1)(i) Pack and mark the shipment to comply with contract specifications; or

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

(2) Prepare and distribute commercial bills of lading;

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

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

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

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

INT-F1 DELIVERY CONDITIONS FOR TANK CARS, BOXCARS, TRUCKS, TRANSPORT TRUCKS, TRUCKS

AND TRAILERS, TANK WAGONS, PIPELINE, AND LIGHTERS (DESC JUN 2002)

(a) On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b. tank car, boxcar, truck, transport truck, truck and trailer, tank wagon, pipeline, or lighter--

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

(2) Unless otherwise specified in the Schedule, all deliveries shall be made upon the day specified in the order provided that the Contractor shall have received the order at least 48 hours prior to the day so specified, except for deliveries--

(i) By pipeline (other than into vessel, dredge, or barge for use as ships' bunkers) for which the Contractor shall be given 15 days' notice prior to the date so specified; and

(ii) Into vessel, dredge, or barge by any means of delivery including pipeline for use as ships' bunkers, for which deliveries the Contractor shall be given 24 hours' notice prior to the specific time delivery is to be made.

(3) All packaged or drummed material to be delivered f.o.b. boxcar, truck, or lighter shall be loaded (braced and blocked where necessary) by the Contractor as follows:

(i) RAIL SHIPMENTS IN CONTINENTAL UNITED STATES AND ALASKA.

(A) In accordance with the LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS clause.

(B) To the extent there is no conflict between the standards mentioned in paragraph (a) of the LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS clause, when a freight advantage to the Government would result, the Contractor will load boxcars to maximum capacity, including multiple tiering.

(ii) TRUCK SHIPMENTS IN THE UNITED STATES. In accordance with ICC Regulations and best commercial practices.

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INT-F1 (CONT’D)

(iii) RAIL SHIPMENTS AND TRUCK SHIPMENTS - OVERSEAS, POSSESSIONS AND TERRITORIES. In accordance with best commercial practices and local regulations, or as indicated in the Schedule.

(iv) LIGHTER. In accordance with best commercial practices.

(4) Except for supplies delivered f.o.b. boxcar, truck, or lighter, title to the supplies delivered, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass into the receiving conveyance. Title to supplies delivered f.o.b. boxcar, truck, or lighter, and risk of loss thereof, shall pass from the Contractor to the Government at the time the car, truck, or lighter is released to, and accepted by, the carrier.

(b) On items calling for delivery f.o.b. destination by means of tank car, boxcar, truck, transport truck, truck and trailer, tank wagon, pipeline, or lighter--

(1) Supplies ordered hereunder shall be delivered, all transportation charges paid, to the destination and by means of the transportation equipment specified in the Schedule or, if no specific destination is indicated in the Schedule, to the destination specified in the order.

Delivery shall be accomplished at Contractor's expense into Government storage or into the type of receiving equipment otherwise specified in the Schedule or in the order, except for--

(i) Delivery by tank car which shall be accomplished by spotting the car alongside the unloading manifold connection at the specified destination;

(ii) Delivery by boxcar which shall be accomplished at the specified destination as follows:

(A) If such activity has a railroad siding, by spotting the car alongside the unloading platform or elsewhere at such destination as may be designated by the receiving activity;

or

(B) If such activity does not have a railroad siding at the unloading platform of the railroad siding serving such activity, and if the freight tariff provides for free pickup and delivery service, delivery shall be made to the activity specified in the order;

(iii) Delivery by truck which shall be accomplished by spotting the truck at the unloading platform at the specified destination and by placing the drummed or packaged supplies at the tailgate of the truck; and

(iv) Delivery by lighter which shall be accomplished as indicated in the Schedule.

(2) Unless otherwise specified in the Schedule, all deliveries by tank car or boxcar shall be made within 24 hours from the time specified in the order, provided that such order shall have been received by the Contractor at least 120 hours prior to the time so specified; all other deliveries, except as hereinafter indicated, shall be made on the day specified in the delivery order and unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that such order shall have been received by the Contractor at least 48 hours prior to the days so specified. Pipeline deliveries (except those into vessel, dredge, or barge) shall be made on the day specified in the delivery order, provided the order shall have been received by the Contractor at least 15 days prior to the day so specified. Delivery into vessels, dredges, or barges from a marine service station or by means of transport truck, truck and trailer, tank wagon, or pipeline shall be made at the specific time specified in the order, provided that such order shall have been received by the Contractor at least 24 hours prior to the specific time such delivery is required to be made.

(3) The Contractor shall not be required to deliver by transport truck or truck and trailer a quantity less than a full load nor into more than one storage tank, with the following exceptions:

(i) An order placed under an item of this contract calling for delivery by transport truck of motor gasoline, fuel oil, diesel fuel, or kerosene, or, if this procurement is for Central America only, jet fuel, may require delivery of a quantity as low as 5,200 gallons whenever the activity is restricted either by a tank capacity or by a directive from receiving a larger quantity; and

(ii) Where the Schedule provides for multiple drop delivery, the Contractor may be required to deliver into more than one storage tank. Where truck and trailer is the method of delivery specified, the Contractor may, at its option, make delivery by transport truck. In the case of deliveries in Alaska, where truck and trailer or transport truck is the method of delivery specified, the Contractor may, at its option, make delivery by tank wagon.

(4) The Contractor shall not be required to deliver by tank wagon a quantity of less than 575 liters (or 150 gallons) but, at the Government's option, may be required to deliver into more than one storage tank.

(5) When delivery of fuel oil or lubricating oil is made by tank car, such car shall be equipped with steam coils, if specified in the order, to facilitate the unloading of such product.

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

A-9

INT-F1 (CONT’D)

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

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

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

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

(9) Except for supplies delivered by tank car, boxcar, truck, or lighter, title to supplies delivered, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass into the receiving facilities. Title to supplies delivered by tank car or boxcar, and risk of loss thereof, shall pass from the Contractor to the Government at the time the car is released by the carrier for unloading. Title to supplies delivered by truck, and risk of loss thereof, shall pass from the Contractor to the Government when the drummed or packaged supplies are removed from the truck. Title to supplies delivered by lighter, and risk of loss thereof, shall pass from the Contractor to the Government at the time the receiving vessel's tackle is attached to the supplies to be unloaded.

(DESC 52.247-9FA1)

INT-F1.09 DETERMINATION OF QUANTITY (DESC JUN 2009)

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

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

(i) DELIVERIES INTO TANKER OR BARGE. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tanker or barge, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) Calibrated meter; or

(B) Shipping/shore tank measurement.

(ii) DELIVERIES INTO PIPELINE. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a pipeline, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) Calibrated meter; or

(B) Shipping tank measurements.

(iii) DELIVERIES INTO RAIL TANK CAR. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) Calibrated loading rack meter; or

(B) Weight, using calibrated scales; or

(C) Certified capacity table for the rail tank car.

(iv) DELIVERIES INTO TANK TRUCK, TRUCK AND TRAILER, OR TANK WAGON. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tank truck, truck and trailer or tank wagon, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) Calibrated loading rack meter; or

(B) Weight, using calibrated scales; or

(C) Certified capacity table for the conveyance or container.

(v) DELIVERIES INTO INTERMODAL CONTAINER.

On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into an intermodal container, the quantity shall be determined (at the Contractor's option) on the basis of—

(A) Calibrated loading rack meter, loading either through top or bottom tank outlets (top loading requires loading gantry or "fall arrest" system), or

(B) Certified capacity table for the container, or

(C) Weight, using calibrated scales.

A-10

INT-F1.09 (CONT’D)

(2) F.O.B. DESTINATION.

(i) DELIVERIES BY TANKER OR BARGE.

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

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

(b) Receiving tank measurements.

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

(ii) DELIVERIES BY PIPELINE.

(A) On items requiring delivery by pipeline on an f.o.b. pipeline junction or f.o.b. destination basis, the invoice quantity shall be determined (at the Government's option) on the basis of--

(a) Calibrated meters on the pipeline junction or the receiving tank system; or

(b) Receiving tank measurements.

(B) F.O.B. pipeline junction is defined as the junction between a Contractor-owned or controlled pipeline and a Government-owned or controlled pipeline.

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

(iii) DELIVERIES BY RAIL TANK CAR.

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

(a) Calibrated meter on the receiving tank system; or

(b) Weight, using calibrated scales at the receiving location; or

(c) Certified capacity table for the rail tank car; or

(d) Receiving tank measurements.

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

(iv) DELIVERIES BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON/INTERMODAL CONTAINER.

(A) On items requiring delivery on a f.o.b. destination basis by tank truck, truck and trailer, tank wagon or intermodal container, the quantity shall be determined —in the following order of preference:

(a) Calibrated temperature compensating meters on the receiving system (as identified in the schedule).

(b) Calibrated temperature compensating meter on the delivery conveyance (as identified in the schedule).

(c) Weight, using calibrated scales at the receiving location (as identified in the schedule).

(d) Calibrated meters on the receiving system, requiring manual volume correction (as identified in the schedule).

(e) Loading ticket mechanically imprinted with the volume corrected (net) quantity. The ticket must be generated at the time of loading and be based on a calibrated loading rack meter or calibrated scales.

(f) Calibrated meter on the delivery conveyance, requiring manual volume correction.

(g) Loading ticket, not volume corrected (requiring manual volume correction).

(B) Invoice quantities for all residual fuels and lubricating oils and invoice quantities for other products that are in excess of 5,000 gallons (or 18,900 liters) shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). Invoice quantities of nonresidual fuels which are less than 5,000 gallons (or 18,900 liters) do not require correction to net gallons (or liters). For this purpose, residual fuels are any products with a viscosity equal to or greater than a regular (not light) No. 4 Fuel Oil (ASTM D 396).

(b) WATER BOTTOMS.

(1) Every delivery must be free of all water bottoms prior to discharge; and

(2) The Contractor is responsible for their removal and disposal.

(c) MEASUREMENT RESTRICTIONS. All methods of measurement described in this clause are subject to government safety and environmental restrictions, foreign or domestic. Such restrictions may prohibit, or render ineffective, a particular method in some cases.

(d) MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS). Outside the U.S., other technically equivalent national or international standards may be used. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor to the aforementioned measurement and calibrations standards. In addition, the following specific standards will be used as applicable:

A-11

(1) API MPMS Chapter 11.1, Temperature and Pressure Volume Correction Factors for Generalized Crude Oils, Refined Products, and Lubr icating Oils (this chapter is an adjunct to ASTM D 1250, IP 200 and ISO 91-1). Either the 2004 or 1980 version of the standard may be used. Either the printed tables (an adjunct to the 1980 version) or the computer subroutine version of the standard may be used. In case of disputes, the computer subroutine for the 2004 version of the standard will be the referee method.

(i) For crude oils, JP4, and Jet B, use Volume I, Tables 5A and 6A; Volume VII, Tables 53A and 54A; or Volume IV, Tables 23A and 24A.

(ii) For lubricating oils, use Tables 5D and 6D, Tables 53D and 54D, or Tables 23D and 24D.

(iii) For all other fuels and fuel oils, use Volume II, Tables 5B and 6B; Volume VIII, Tables 53B and 54B; or Volume V, Tables 23B and 24B.

(iv) For chemicals/additives use Volume III, Table 6C (or Volume IX, Table 54C), or volume correct in accordance with the product specification.

(v) Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Celsius to barrels at 60 degrees Fahrenheit.

Convert liters at 15 degrees Celsius to cubic meters at 15 degrees Celsius by dividing by 1,000. Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42. Should foreign law restrict conversion by this method, the method required by law shall be used.

(vi) As an option to (b) (1) (v), liters may be converted to gallons using Table F1.09A (see below). If this option is used, it must be agreed upon by both parties and shall remain in effect for the duration of the contract. Should foreign law restrict conversion by this method, the method required by law shall be stated in the offer.

(vii) If the original measurement is by weight and quantity is required in U.S. gallons, then--

(A) Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.

(B) Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit.

(2) API MPMS, Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 12 months, whichever is more frequent. A meter calibration log/calibration certificates shall be maintained which as a minimum contains—

(i) Number/name of each meter;

(ii) Calibration frequency;

(iii) Date of the last calibration;

(iv) Due date for next calibration;

(v) Name and signature of the person performing the calibration;

(vi) Traceability to master meter/prover used for calibration; and

(vii) Calibration report number.

Each meter shall be marked with the date of the last calibration and due date for the next calibration. All calibration meter records and logs/certificates shall be kept on file and made available upon request. All calibration records (including logs or certificates) shall be retained on file for a period of three years.

(3) API MPMS Chapter 12, Calculation of Petroleum Quantities. All calculations of net quantities shall be made in accordance with this chapter. Outside the U.S., use of a tank shell correction factor is not required unless its use is a customary practice for custody transfer.

TABLE F1.09A CONVERSION FACTOR TABLE

Density @ 15ºC Gallons at 60ºF to Liters at 15ºC;

Multiply by Liters at 15C to Gallons at 60F, Multiply by

0.723 – 0.768 3.78286 0.26435

0.769 – 0.779 3.78309 0.26433

0.780 – 0.798 3.78334 0.26432

0.799 – 0.859 3.78356 0.26430

0.860 – 0.964 3.78381 0.26428

0.965 – 1.074 3.78405 0.26427

A-12

(e) SHIPPING DOCUMENTATION. When the contractor’s shipping document (such as a truck’s metered ticket) is used to determine, or verify, the payment quantity under this contract, the following information shall be provided on that shipping document: gross and net quantity (gallons or liters, as required), observed and corrected API gravity/density, and the temperature (Fahrenheit or Celsius) at which the product was measured. This information shall be mechanically imprinted on the shipping document. Although this will apply primarily to the use of meters in various applications, it also applies to any other quantity determination method. The following exceptions apply:

(1) Where government documents are the sole basis for payment, such as DD Form 250/250-1s, the information is not required.

(2) Where conveyances with temperature-compensating meters are used, the shipping document shall only be annotated with the corrected API gravity/density, the net quantity, and a statement that a temperature-compensating meter was used to determine net quantity.

(3) Where conveyances with temperature compensating meters are not used, the shipping document shall be only be annotated with the API gravity (or density), gross quantity, and a statement that volume correction was not required.

(f) RIGHT TO REPRESENTATIVE. For FOB origin deliveries, the Government has the right to have a representative present to witness the measurement of quantity. For FOB destination deliveries, the Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

(DESC 52.211-9F95)

INT-F3.02 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (BULK)(LUBES)

(DESC JUN 1996)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

INT-F4 DELIVERY AND ORDERING PERIODS (DESC 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: JUNE 30, 2012.

(2) Delivery period begins: XXXXXXXXX_ and ends: 30 days after end of ordering period.

(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(s).

(DESC 52.242-9F75)

INT-F14 SHIPMENT AND ROUTING (DESC MAR 2003)

(a) The Contractor shall make shipments of the supplies called for by this contract, or ordered hereunder, if this is an indefinite delivery contract, by the method specified in the Schedule, to the delivery point, in the quantity, and according to the delivery date specified in the order or in the Schedule.

(b) On items calling for delivery at Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, transportation equipment will be furnished by the Government; provided, however, that the Contractor shall, without additional cost to the Government, arrange to obtain any railway boxcars required for shipments to be made hereunder. Whenever any item of the Schedule specifies delivery by more than one method, selection of the method to be used shall be at Government's option. Government-furnished transportation equipment that Contractor finds unsatisfactory for loading shall be reported as follows:

(1) Tankers and Barges. Report to the Quality Representative (QR).

(2) Tank Cars. Report to the QR and by wire (Government rate collect) to Military Traffic Management Command, Deployment Support Command, ATTN: Rail Fleet Manager Building 664, Sheppard Place, Room 337, Fort Eustis, VA 23604. Any shortage or overage of tank cars shall be similarly reported.

(3) Pipeline, Transport Trucks, Trucks and Trailers, and Tank Wagons. Report to the Quality Representative and to carrier's general office, or to home base or station, of such equipment.

(4) If the supplies are for the Defense Energy Support Center, also report in each case above to the Defense Energy Region having jurisdiction over the territory in which shipment originates.

(c) If the supplies are to be delivered f.o.b. pipeline, barge, tank car, boxcar, truck, transport truck, truck and trailer, or tank wagon at Contractor's refinery, terminal, or bulk plant--

(1) Unless otherwise directed by the Defense Energy Region placing orders, the Contractor shall create shipments for supplies using USBank’s Powertrack, with software and training to be provided by USBank.

(2) The Contractor shall comply with transportation and routing instructions furnished by the Defense Energy Region. Such instructions will include carrier names, routes, route order numbers, and other pertinent shipment information. The Contractor shall be responsible for the scheduling of commercial transport trucks to its plant in accordance with such routing instructions and consonant with the applicable order.

All charges due to Contractor caused…