Addendum_Package_Sol__SP0600-12-R-0095.pdf

ADDENDUM

PACKAGE

SOLICITATION: SP0600-12-R-0095

PURCHASE PROGRAM: 1.1K

THE ENCLOSED SOLICITATION COVERS THE PERIOD:

DEEP FREEZE

DECEMBER 1, 2012, THROUGH JANUARY 31, 2013

PLUS A 30-DAY CARRY-OVER PERIOD

TO BE TIMELY, OFFERS MUST BE RECEIVED AT THE DEFENSE

LOGISTICS AGENCY ENERGY BY:

OCTOBER 4, 2012, 1:00 PM LOCAL TIME FT. BELVOIR

SP0600-12-R-0095

A-2

DLA Energy

Contract Provisions /

Clause Number

DLA ENERGY CONTRACT PROVISIONS / CLAUSE TITLE PAGE (S)

PART I-THE SCHEDULE

SECTION B/SUPPLIES OR SERVICES AND PRICES/COSTS

B-0001 B1 SUPPLIES TO BE FURNISHED (BULK) (DLA ENERGY JAN 2012)

A-7

B-0002

B19.34 ECONOMIC PRICE ADJUSTMENT (OVERSEAS BULK) (DLA ENERGY JAN

2012)

A-9

SECTION C/ DESCRIPTIONS/SPECIFICATIONS/WORK/SATEMENT

C-0001

C1 SPECIFICATIONS (DLA ENERGY JAN 2012) A-11

C-0002

C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAR 2011) A-11

C-0003 C16.01.100 TURBINE FUEL, AVIATION (JP5) (BULK) (DLA ENERGY AUGUST 2010) A-11

C-0004 C16.18-6 GASOLINE, AUTOMOTIVE, UNLEADED

(REGULAR/MIDGRADE/PREMIUM) (DLA ENERGY SEP 1998)

A-12

C-0005

C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM SPECIFICATION

REQUIREMENTS (DLA ENERGY OCT 2010)

A-13

C-0006

C16.64-3 TURBINE FUEL, AVIATION (JP8) (WESTPAC)/(AN8)(DEEP FREEZE) (DLA

ENERGY SEPTEMBER 2010)

A-14

SECTION E/INSPECTION AND ACCEPTANCE

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

A-15

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

A-17

52.246-9029 INSPECTION AND ACCEPTANCE POINTS (APR 2010) - DLAD A-17

E-0001 E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY FEB 2012) A-17

E-0002 E21.01 POINT OF INSPECTION (DLA ENERGY APR 2010)

A-26

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

DEC 2011)

E-0004 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) A-29

E-0005 E40.05 MATERIAL INSPECTION AND RECEIVING REPORT (DLA ENERGY MAR

2000)

A-30

E-0006 E40.07 MATERIAL INSPECTION AND RECEIVING REPORT - PAPERLESS

ORDERING AND RECEIPT TRANSACTION SCREENS (PORTS) (BULK) (DLA

ENERGY SEP 2003)

A-30

A-3

DLA

ENERGY

Contract

Provisions/ Clause

Number

DLA ENERGY CONTRACT PROVISIONS/ CLAUSE TITLE PAGE (S)

SECTION F/DELIVERIES AND PERFORMANCE

52.211-16 VARIATION IN QUANTITY (APR 1984) A-31

52.247-29 F.O.B. ORIGIN (FEB 2006) A-31

52.247-34 F.O.B. DESTINATION (NOV 1991) A-33

52.211-9073 DETERMINATION OF QUANTITY (DLA ENERGY NOV 2011) - DLAD

A-33

F-0001 F1.25 DELIVERY AND ORDERING PERIODS (DLA ENERGY JAN 2012)

A-36

F-0002 F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005)

A-37

F-0003 F52 TANKER/OCEAN GOING BARGE DEMURRAGE AND LOADING CONDITIONS

(DLA ENERGY JAN 2012)

A-37

F-0004 F52.01 TANKER STANDARDS AND REQUIREMENTS (DLA ENERGY SEP 1995)

A-39

F-0005 F54 TANKER UNLOADING CONDITIONS (DLA ENERGY AUG 2007)

A-39

F-0006 F92.01 SCHEDULE OF REFINERY SHUTDOWNS FOR TURNAROUNDS (OVERSEAS

BULK) (DLA ENERGY JUN 2005) *SEE OFFEROR SUBMISSION PACKAGE*

A-40

F-0007 F105.01 DEADFREIGHT (DLA ENERGY JAN 2012)

A-40

F-0008 F109 IN-LINE BLENDING OF NONAVIATION PETROLEUM PRODUCTS (DLA ENERGY

JAN 2012)

A-41

SECTION G CONTRACT ADMINISTATION DATA

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL CONTRACTOR

REGISTRATION (OCT 2003)

A-42

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER – OTHER THAN CENTRAL

CONTRACTOR REGISTRATION (MAY 1999)

A-43

52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS

TRANSFER INFORMATION (MAY 1999)

A-45

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER

(MAY 1999)

A-45

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

A-46

G-0002 G6 INVOICE DISCREPANCIES (BULK) (DLA ENERGY JAN 2012)

A-4

Contract

Provisions / Clause

Number

DLA ENERGY CONTRACT PROVISIONS/ CLAUSE TITLE PAGE (S)

G-0003 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC

1999) *SEE OFFEROR SUBMISSION PACKAGE*

G-0004 G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE

EXCHANGE (DLA ENERGY JUL 2007) *SEE OFFEROR SUBMISSION PACKAGE*

G-0005 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE

TRANSFER SYSTEM (DLA ENERGY JAN 2012) *SEE OFFEROR SUBMISSION

PACKAGE*

G-0006 G12 SUPPLEMENTAL INVOICING INFORMATION (BULK) (DLA ENERGY SEP 2002) A-46

G-0007 G150.05 SUBMISSION OF INVOICES FOR PAYMENT – COMMERCIAL ITEMS (BULK)

(DLA ENERGY JAN 2011)

SECTION H SPECIAL CONTRACT REQUIREMENTS

H-0001 H19.02 REPORTING REQUIREMENTS FOR SHIPMENTS (DLA ENERGY JAN 2012)

A-48

PART II- CONTRACT CLAUES

SECTION I/CONTRACT CLAUSES

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)

A-49

52.204- 7/252.204-

CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (AUG 2012/SEP 2007) A-52

52.216-18 ORDERING (OCT 1995)

A-55

52.216-22 INDEFINITE QUANTITY (OCT 1995)

A-55

52.229-6 TAXES-FOREIGN FIXED-PRICE CONTRACTS (JUNE 2003)

A-50

52.232-17 INTEREST (OCT 2010)

A-57

52.232-25 PROMPT PAYMENT (OCT 2008)

A-57

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

GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

A-61

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (JUN 2012)

A-61

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

A-62

A-5

Contract

Provisions / Clause

Number

DLA ENERGY CONTRACT PROVISIONS/ CLAUSE TITLE

PAGE (S)

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

A-62

52.212-9000 CHANGES – MILITARY READINESS (NOV 2011) - DLAD

A-63

52.215-9023 REVERSE AUCTION (JUL 2012) – DLAD A-63

I-0001

I28.24 U.S. IMPORT TAX ON PETROLEUM (BULK) (DLA ENERGY NOV 2011) A-64

I-0002 I86.12 DELIVERY-ORDER LIMITATIONS – SCOPE OF CONTRACT (BULK) (DLA

ENERGY NOV 2011)

A-64

I-0003 I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA

ENERGY FEB 2009)

A-65

I-0004 I211.02 ORDERING (CONT’D) (DLA ENERGY JAN 1991) A-65

PART III – LIST OF DOCUMENTS EXHIBITS AND OTHER ATTACHMENTS

SECTION J / LIST OF ATTACHMENTS

ATTACHMENT 1

STANDARDIZED FORMAT FOR USE IN THE PREPARATION OF

PRODUCT TEST REPORTS (FEB 2010)

SECTION K/REPRESENTATIONS, CERTIFICATIONS, & OTHER STATEMENTS

K-0001 K5 USE OF ELECTRONIC DATA INTERCHANGE (DLA ENERGY MAR 2009)

*SEE OFFEROR SUBMISSION PACKAGE*

A-67

K-0002 K15.01 RELEASE OF UNIT PRICES (BULK) (DLA ENERGY NOV 2002)

K-0003 K28 REFINERY INFORMATION (BULK) (DLA ENERGY JUN 1986)

*SEE OFFEROR SUBMISSION PACKAGE*

A-67

K-0004 K28.01 NOTIFICATION OF VESSEL EXPECTED TIME OF ARRIVAL (ETA) (DLA

ENERGY JAN 2012) (REV) *SEE OFFEROR SUBMISSION PACKAGE*

K-0005 K45.01 FACSIMILE OR ELECTRONIC INVOICING (DLA ENERGY JAN 2012)

*SEE OFFEROR SUBMISSION PACKAGE*

A-67

K-0006 K86 FOREIGN TAXES (DLA ENERGY JAN 2012)

*SEE OFFEROR SUBMISSION PACKAGE*

SECTION L/INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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

A-68

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

52.216-1 TYPE OF CONTRACT (APR 1984)

A-6

Contract

Provisions / Clause

Number

INTERNAL DLA ENERGY INSTRUCTION / CLAUSE TITLE

PAGE (S)

52.247-45 F.O.B. ORIGIN AND/OR F.O.B. DESTINATION EVALUATION (APR 1984)

52.233-9000 AGENCY PROTESTS (NOV 2011) - DLAD

L-0001 L2.11-3 FACSIMILE PROPOSALS – COMMERICAL ITEMS (DLA ENERGY NOV 1999) A-68

L-0002 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

A-69

SECTION M/EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

A-70

252.225-7032 WAIVER OF UNITED KINGDOM LEVIES – EVALUATION OF OFFERS (APR 2003)

A-70

M-0001 M4.01 RIGHT TO APPLY F.O.B. ORIGIN OFFER (DLA ENERGY JAN 1976)

A-71

M-0002 M10 EVALUATION - ALL OR NONE (DLA ENERGY MAR 2000)

M-0003 M24.04 EVALUATION OF OFFERS INVOLVING F.O.B. ORIGIN TANKER LOADING FOR

FUEL REQUIREMENTS FOR ANTARCTICA (BULK) (DLA ENERGY JAN 2003)

M-0004 M33 QUANTITIES TO BE EVALUATED FOR TANKER AND BARGE OFFERS (DLA

ENERGY AUG 2003)

M-0005 M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

A-72

M-0006 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

A-73

M-0007 M74 USE OF DESP BY COMMERCIAL SUPPLIER OFFERING PRODUCT UNDER DLA

ENERGY SOLICITATIONS (DLA ENERGY AUG 1983)

A-74

A-7

PART I- THE SCHEDULE

SECTION B/SUPPLIES OR SERVICES AND PRICES/COST

B-0001/B1 SUPPLIES TO BE FURNISHED (BULK) (DLA ENERGY MAR 2009)

(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:

TURBINE FUEL, AVIATION (AN8), AN8 1.1K

NSN: 9130-01-373-0208

PURCHASE REQUEST NO. SP0600-12-0439

SPECIFICATION MIL-DTL-83133H DATED OCTOBER 25, 2011

THE TOTAL ESTIMATED AN8 QUANTITY IS -- 5,500,000 USG

LINE ITEM DODAAC SPLC LOCATION

0001 499129 923001000 MCMURDO, ANTARCTICA

QUANTITY 5,500,000 USG

NOTES:

A. AN8 must have a depressed freeze point of minus 72 degrees Fahrenheit.

B. SDA Level must be between 150 to 450 conductivity units as per JP8 specification.

C. A minimum flashpoint of 100 degrees Fahrenheit.

D. The Total Sulfur Content shall not exceed 15 ppm.

E. These special requirements are critical to Antarctic Fuels Operations under the single fuel concept.

MODE FSII SDA CI

TANKER REQUIRED REQUIRED REQUIRED

TURBINE FUEL, AVIATION (JP5), JP5 1.1K

NSN: 9130-00-273-2379

PURCHASE REQUEST NO. SP0600-12-0439

SPECIFICATION MIL-DTL-5624U DATED JANUARY 5, 2004 (SEE DLA ENERGY CONTRACT PROVISION C16.01)

THE TOTAL ESTIMATED JP5 QUANTITY IS -- 350,000 USG

0101 499129 923001000 MCMURDO, ANTARCTICA

QUANTITY 350,000 USG

NOTE: The Total Sulfur Content shall not exceed 15 ppm.

TANKER REQUIRED NONE REQUIRED

A-8

B-0001/B1 CONT’D

GASOLINE, AUTO, MIDGRADE, 89 OCTANE (MUM), MUM 1.1K

NSN: 9130-01-272-0983

PURCHASE REQUEST NO. SP0600-12-0439

SPECIFICATION ASTM D 4814 (SEE DLA ENERGY CONTRACT PROVISION C16.18-6)

THE TOTAL ESTIMATED MUM QUANTITY IS -- 100,000 USG

0201 499129 923001000 MCMURDO, ANTARCTICA

QUANTITY 100,000 USG

NOTE: The Volatility Class for Deep Freeze MUM is Class E5

MODE FSII SDA CI

TANKER NONE NONE NONE

MARINE GAS OIL (MGO), MGO 1.1K

NSN: 9140-01-313-7776

PURCHASE REQUEST NO. SP0600-12-0439

SPECIFICATION ISO 8217, FOURTH EDITION DATED JUNE 15, 2010 DMA ONLY (SEE DLA ENERGY

CONTRACT PROVISION C16.23-2)

THE TOTAL ESTIMATED MGO QUANTITY IS -- 400,000 USG

0301 499127 923001000 MCMURDO, ANTARCTICA

QUANTITY 400,000 USG

TANKER NONE NONE NONE

GENERAL SOLICITATION NOTES:

1. The contractor shall verify that the product has been tested and meets contractual requirements at least seven days prior to the berthing of the tanker.

Contractor shall provide adequate written notification to the assigned quality inspection office and DLA Energy-NCI in order to permit QAR witnessing of the tests. (See Clauses E1 & E5).

2. Procurement of all products must be within the same geographical area.

3. FOB Origin Tanker Delivery Only.

4. Evaluation of Offers will consider the cost of moving a tanker from its normally assigned area of operations to the FOB point. (See Clause M24.04).

A-9

B-0002/B19.34 ECONOMIC PRICE ADJUSTMENT (OVERSEAS BULK) (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

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

(2) The prices to be invoiced hereunder for listed items shall be computed in accordance with these escalation provisions.

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

(1) Base unit price means the unit price set forth opposite the item in the Schedule.

(2) Reference price means the market price indicator set forth in the Table in (f) below with which the base unit price is to fluctuate. NOTE: The term market price indicator will be referred to hereafter as “reference price” in this contract provision.

(3) Date of delivery is defined as follows:

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

(c) ADJUSTMENTS.

(1) The Contractor shall give written notice to the Contracting Officer, Defense Logistics Agency Energy (DLA Energy), of any delivery and associated change in the reference price within 15 working days from the date thereof. Contractor failure to timely notify the Contracting Officer of any delivery and associated change in the reference price may result in late or incorrect payment of the relevant invoice.

(2) Subject to the conditions of this contract provision, the prices payable under this contract shall be the base unit price increased or decreased by the same number of cents, or fraction thereof, that the reference price shall have increased or decreased.

(3) An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on and after the effective date of the price change as stated in the publication.

(4) The Contracting Officer will issue a modification to this contract to reflect any change pursuant to this provision.

However, no increase in a contract unit price shall be executed pursuant to this provision until the increase in the applicable published reference price has been verified by the Contracting Officer.

(5) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract provision, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of 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.

(6) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed _225_ percent of the award price, except as provided hereafter.

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

(ii) 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.

(7) REVISION OF REFERENCE PRICE INDICATOR. 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 indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

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

A-10

B-0002/B19.34 CONT’D

(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 conditions of this contract provision.

(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 provision.

(f) TABLE.

REFERENCE PRICE TABULATION

ITEM NO.

(LISTED

ITEMS)

NAME OF

PUBLICATION

HEADING UNDER WHICH

REFERENCE PRICE IS

PUBLISHED AND

NAME OF PRODUCT

LOCATION

WHERE

REFERENCE

PRICE

IS APPLICABLE

REFERENCE PRICE AS

OF

JUL 3, 2012

(EXCLUDES ALL TAXES)

See Below Platt’s Oilgram

Price Report

(U.S. Edition)

Product Price Assessments

(Asia)

See Below Compute the average low/high for ten published effective days’ price preceding the date of lift.

PRODUCT

REFERENCE PRODUCT

(LOCATION)

REFERENCE PRICE/USG

EFFECTIVE

JUL 3, 2012

AN8 Jet-Kerosene

(Singapore Subheading) $2.585476

JP5 Jet-Kerosene (Singapore Subheading)

$2.585476

MUM MOGAS Unl.

(C & F Japan Cargoes)

$2.361429

MGO GasOil 0.5% (Singapore Subheading)

$2.564524

A. For Platt's Oilgram: "NOTE: The Reference prices are calculated by averaging the respective low prices and averaging the respective high prices for the ten published effective days' prices preceding the date of delivery.

Both the low and high averages are then averaged to determine the new Reference Price. This average price is averaged to two (2) decimal places, regardless of whether the price is stated in dollars per barrel, dollars per metric ton, or cents per USG. This average will be converted to dollars per USG using the conversion factors cited in Paragraphs C, D, and E if needed, and rounded to six (6) decimal places.

For example, assume a date of delivery on Friday and on that day, Platt’s published the effective price assessment for the previous day (Thursday). That previous day’s effective price assessment would be the tenth day used to calculate the reference price. If a delivery were on Saturday, Sunday, or Monday, then the prior Friday’s effective price, which is published on Monday, would be the tenth day used to calculate the reference price. Because Platt’s does not publish on the weekend, Saturday’s, Sunday’s, and Monday’s reference price is calculated the same and then only Saturday’s reference and unit prices are reflected in the contract price modification. For any consecutive days’ reference prices that calculate to be the same, only the first day’s reference and unit prices are shown on the contract price modification. Accordingly, for any delivery date not shown on a contract price modification, the last date prior to the missing date is used for payment purposes. If Platt’s fails to publish an assessment designated for a particular product yet publishes other assessments for other products, then just that missing effective price for that particular product is not considered as a published day’s price for reference price calculation purposes." Platts publishes prices Monday through Friday except holidays.

A-11

B-0002/B19.34 CONT’D

A list of holidays is provided on Platts website at http://www.platts.com/Client%20Services/.

SECTION C

C-0001/C1 SPECIFICATIONS (DLA ENERGY JAN 2012)

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 contract provision, the product offered will be assumed to fully meet the applicable specification(s).

C-0002/C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAR 2011)

Unless otherwise specified, current versions of defense or federal specifications and standards, military handbooks, commercial item descriptions, qualified product lists, and other related technical documents cited in this solicitation/contract can be accessed from the Department of Defense (DoD) Acquisition Streamlining and Standardization Information System (ASSIST) database at https://assist.daps.dla.mil/ or http://dodssp.daps.dla.mil/ under ASSIST-Quick Search. ASSIST is the official source for all Defense Standardization Program documents and contains the most current information on documents prepared by DoD, as well as information on how to acquire referenced non-Government standards that have been adopted for DoD use. Those who register for an ASSIST account may establish profiles to receive automatic E-mail alerts when changes are planned or made to documents of interest by selecting criteria on the [Alert Portal Profile Maintenance] screens accessed from the [User Profile] menu. Users may also view or download a bi-monthly summary of changes to the ASSIST database from the DoD Single Stock Point website (http://dodssp.daps.dla.mil/) under the [ASSIST Update] menu.

C0003/C16.01.100 TURBINE FUEL, AVIATION (JP5) (BULK) (DLA ENERGY AUG 2010)

(a) Specification MIL-DTL-5624U, dated January 5, 2004, Turbine Fuel, Aviation, Grade JP5, applies. The requirements of Table 1 in the specification are modified as follows:

(1) FILTRATION TIME TESTING. Round upwards when reporting the filtration time, in minutes. For example, a filtration time of 4 minutes, 22 seconds, would be reported as 5 minutes.

(2) TOTAL SULFUR CONTENT. The total sulfur content of JP5 shall be less than 15 part per million (PPM). ASTM D5453 is the referee test method for the total sulfur content.

(3) HYDROGEN CONTENT. ASTM D 5291 or ASTM D 7171 may be used in lieu of ASTM D 3701.

(4) FLASH POINT TESTING. The referee procedure for performing flash point testing of JP5 shall be the manual version of ASTM D 93 as opposed to the automated version of ASTM D 93.

(5) MICRO-SEPAROMETER (MSEP) REQUIREMENTS. Prior to initial production under this contract, the Contractor shall elect, on a one-time basis, which MSEP limit will be met for the balance of the contract. If the Contractor introduces Fuel System Icing Inhibitor (FSII) and/or Corrosion Inhibitor (CI) after verification of product conformance with the MSEP requirement, the product is not required to meet a fixed limit on subsequent MSEP tests.

(6) If the Contractor elects to verify conformance with the MSEP requirement on a sample of product that does not contain FSII and CI, an additional MSEP test shall be performed on a handblend containing jet fuel, FSII, CI, and AO (AO only if required). The MSEP result on this handblend is a REPORT ONLY requirement and shall be recorded corresponding to item 750X, both on the Standardized Test Report Form (see Attachment __1___) and on the DD Form 250-1. This result shall be recorded with an asterisk next to it, and with a footnote below, stating, “MSEP result is a ‘Report Only’ requirement. Original result of _____________ (fill in actual result) on product containing the following additives: _________________________ (fill in combination of additives).”

(7) THERMAL STABILITY. The thermal stability test (JFTOT), ASTM D 3241, shall be performed according to either Option A or B described below:

(i) OPTION A. In addition to the thermal stability testing requirements of MIL-DTL-5624U, an additional JFTOT test, which will not be the basis for acceptance or rejection of the fuel, shall be performed with the temperature of the test being 275 degrees Celsius (530 degrees Fahrenheit). Shipments will not be delayed pending results of this additional JFTOT test and the results shall be REPORT ONLY.

(ii) OPTION B. The thermal stability test shall be performed with the temperature of the test being 275 degrees Celsius (530 degrees Fahrenheit) in lieu of the normal 260 degrees Celsius (500 degrees Fahrenheit). If the fuel fails the JFTOT at this temperature, a second test will be performed at 260 degrees Celsius (500 degrees Fahrenheit). If both tests are performed, the results of the test at 260 degrees Celsius (500 degrees Fahrenheit) will be the basis for acceptance or rejection of the fuel.

(iii) Regardless of which option is chosen (Option A or B above), the test temperature and the results of the JFTOT shall be recorded on the DD Form 250-1 and on the Standardized Test Report Form. If using the Standardized Test Report Form, the results obtained at 260 degrees Celsius shall be reported as using series “B” for item numbers 601, 602, and 603. If another temperature is used, use series “A” to report the results and item 604 to report the test temperature.

http://www.platts.com/Client%20Services/ https://assist.daps.dla.mil/ http://dodssp.daps.dla.mil/ http://dodssp.daps.dla.mil/

A-12

C-0003/C16.01.100 CONT’D

(8) EXISTENT GUM. The preferred vaporizing medium for aviation turbine fuel is steam, however, the existent gum test (ASTM D 381) may be performed using air as the vaporizing medium at the following operating temperatures: Bath: 232 to 246 degrees Celsius;

Test well: 229 to 235 degrees Celsius. If air is used instead of steam while performing ASTM D 381, it must be reported. In case of a failure with air, the sample must be retested using steam.

(b) ADDITIVES.

(1) Additives are required for deliveries of JP5, per MIL-DTL-5624U, unless addition is excluded by specific solicitation line item, applicable contract clause, or other contractual requirement. FSII included in jet fuel shall conform to MIL-DTL-85470B dated June 15, 1999.

(2) The DD Form 250-1 for marine shipments shall cite the type, name, and amount (in milligrams per liter) of additives added to the fuel at the production or loading facility.

(3) The Corrosion Inhibitor/Lubricity Improver (CI/LI) additive(s) used shall be of the type and concentration cited in the Qualified Products Database (QPD). Qualified Products Listing (QPL) QPL-25017-22 which listed the qualified CI/LI additives has been replaced by the computer-based Qualified Products Database (QPD). To locate this information, you must link to the QPD at https://assist.daps.dla.mil/quicksearch/basic_profile.cfm?ident_number=94358, Only the following CI/LI additives are approved for inclusion in fuel shipments to overseas NATO countries: DCI-4A, HITEC 580, NALCO 5403, UNICOR J, TOLAD 351and TOLAD 4410.

(4) Line injection of additives (FSII and CI) from shipping tank to delivery conveyance or other f.o.b. point is permitted under the following conditions:

(i) Additives must be proportionately injected throughout the entire loading process to ensure the additive is homogeneously blended into the jet fuel. The Contractor shall maintain records evidencing the homogeneous blending of all line injected additives. Such methods may include meter or tank gauge readings or test results taken at intervals to provide confidence in the injection process.

(ii) When FSII is required, additive concentration must be verified based on a representative shipment sample(s).

(iii) Conformance to specification requirements at the custody transfer point is required, however, prior to shipment, a laboratory handblend of jet fuel with all additives required by this contract shall be tested to verify compliance with the required specification (except for MSEP). MSEP analysis shall be performed per the Contractor’s election in MIL-DTL-5624U, dated January 5, 2004.

(c) REPORTS. Refer to the MATERIAL INSPECTION RECEIVING REPORT clause for reporting requirements. In addition, copies of the applicable DD Form 250 or DD Form 250-1 shall be submitted with a laboratory analysis report for each tank of product lifted. This documentation shall be submitted to the address identified in the MATERIAL INSPECTION AND RECEIVING REPORT clause.

C-0004/C16.18-6 GASOLINE, AUTOMOTIVE, UNLEADED (REGULAR/MIDGRADE/PREMIUM) (DLA ENERGY SEP 1998) Product shall conform to ASTM D 4814 with the following additional requirements:

(a) OCTANE REQUIREMENT. The Government's octane requirement is expressed by the Anti-Knock Index (AKI). The AKI is the average of the research octane number (RON) and the motor octane number (MON). The minimum AKI values are identified in (b) below.

If the AKI value is not reported, then the RON value and the sensitivity of the fuel shall be reported. The sensitivity is the difference between the RON and the MON. The sensitivity of the fuel shall be 10 or less.

(b) PRODUCT CLASSIFICATION. The product shall be classified as described below:

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE AKI, MINIMUM

9130-00-148-7103 Gasoline, Regular, Unleaded 87 9130-01-272-0983 Gasoline, Midgrade, Unleaded 89 9130-00-148-7104 Gasoline, Premium, Unleaded 91

(c) VAPOR PRESSURE. The volatility class shall be as stated in the Schedule.

(d) ADDITIVES. Additives and additive concentration shall be as specified below. Application for approval of additives not listed below should be made to DLA ENERGY-BP.

(1) OXIDATION INHIBITORS. The gasoline shall contain not less than five pounds nor more than 15 pounds of oxidation inhibitor (active ingredient) per 1,000 barrels of gasoline. Any one of a combination of the following oxidation inhibitors may be used:

(i) N,N' disecondary butyl-para-phenylenediamine

(ii) N,N' di-isopropyl-paraphyenylenediamine

(iii) N,N' dioctyl-para-phenylenediamine

(iv) N,N' -bis-(1,4-dimethylpentyl)-para-phenylenediamine

(v) N,N' disecondary butyl-ortho-phenylenediamine

(vi) 2,6-ditertiary-butyl phenol https://assist.daps.dla.mil/quicksearch/basic_profile.cfm?ident_number=94358

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(vii) 2,6-ditertiary-butyl-4-methylphenol

(viii) 2,4-dimethyl-6-tertiary butylphenol

(ix) Triethylene tetramine di(monononyphenolate)

(x) Mixed tertiary butylphenols

C-0005/C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM SPECIFICATION REQUIREMENTS (DLA ENERGY OCT 2010)

(a) In delivering supplies and services under this contract, the Contractor shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The Contractor shall also comply with all applicable International Agreements, Treaties, Conventions, and the like to which the United States is a signatory or with whose terms the receiving activity has otherwise agreed to comply, including but not limited to, the requirements of MARPOL 73/78 Annex VI Regulations 14 & 18. The Contractor shall be responsible for determining the existence of all such requirements prior to the time deliveries are made.

(1) In the event that an International, Federal, State, and /or local environmental requirement, as identified above, is more stringent than a requirement contained in this contract, the Contractor shall deliver product(s) that complies with the more stringent requirement.

Product(s) that fails to meet the more stringent requirement will be considered nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s). In the event that compliance with the more stringent requirement causes the contractor to incur additional costs, the contractor may request an equitable adjustment.

(2) Unless otherwise indicated by the Contractor in writing, prior to award, and in accordance with the EVALUATION (SHIP’S BUNKERS) provision, the product offered shall be required to fully meet the applicable specification. The supplier shall provide to the receiving vessel a “Statutory Sample” of at least 400 mL in volume, taken from the receiving vessel’s inlet bunker manifold, together with a Bunker Delivery Note (BDN). This sample will be sealed and carry a sample tag that provides the documentation required per MARPOL 73/78 Annex VI Regulation 18.

(b) Product supplied under this contract shall conform to the requirements of ISO 8217, Fourth Edition dated 2010-06-15 for DMA ONLY, with the following additional requirements:

FUEL PROPERTY TEST METHOD LIMITS

1. Sulfur1 ASTM D4294 or D129 1.0 mass % max.

ASTM D5453 or ASTM D1266 or ASTM D1552 or D2622 ASTM D3120 or D6920 or D7039 ISO8754 or ISO14596 or ISO16591

2. FAME (FATTY ACID METHYL ESTHERS) EN14078 0.1 vol % max.

3. ASTM International Test Methods equivalent to the ISO test methods referenced in ISO 8217, Fourth Edition dated 2010-06-15 for DMA ONLY testing, are approved for use.

(c) NOTES TO THE REQUIREMENTS ABOVE.

(1) 1For a Total sulfur content of less than 0.05 mass % (500 ppm), ASTM D5453 is the recommended ASTM method.

(d) REDUCED SULFUR REQUIREMENTS.

(1) In support of European Commission Directive 1999/32/EC, “Sulphur Provisions for Marine Gas Oils”, MGO delivered in European Union ports under this contract shall contain no more than 0.10 mass % (1000 ppm) sulfur.

(2) Specific ports where DESC requires low sulfur MGO include Algeciras, Spain; Alicante, Spain; Antwerp, Belgium;

Augusta Bay, Italy; Barcelona, Spain; Bremerhaven/Nordenham, Germany; Cagliari, Italy; Cartagena, Spain; Catania, Italy; Copenhagen, Denmark; Gaeta, Italy; Genoa, Italy; Gibraltar, United Kingdom; Kiel, Germany; La Maddalena, Italy; La Spieza, Italy; Killingholme, United Kingdom; Lisbon, Portugal; Livorno, Italy; Malaga, Spain; Marseilles, France; Naples, Italy; Oslo, Norway; Palma de Mallorca, Spain; Portland, United Kingdom, Rotterdam, Netherlands; Southampton, United Kingdom; Toulon, France; and Trieste, Italy.

(3) Per 40 CFR Section 80.510, the Marine Gas Oil sulfur requirement for all deliveries at ports within the continental United States (CONUS) shall not exceed 0.05 mass % (500 ppm ) sulfur.

(e) LIMITED COMPOSITION REQUIREMENTS.

(1) The Marine Gas Oil shall contain no black dye.

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C-0006/C16.64-3 TURBINE FUEL, AVIATION (JP8) (WESTPAC)/(AN8) (DEEP FREEZE) (DLA ENERGY SEPTEMBER 2010) Aviation Turbine Fuel (JP8/AN8) shall conform to MIL-DTL-83133G, dated April 30, 2010 modified as follows:

(a) ROCKY MOUNTAIN/WEST. The total sulfur content shall be limited to 0.15 mass percent, maximum.

(b) REFINERIES IN ALASKA. For fuels refined in Alaska and delivered to Alaska locations, the total acid number shall be relaxed to 0.020 mg KOH/g maximum.

(c) All references pertaining to Synthetic Paraffinic Kerosene (SPK), Fischer-Tropsch (FT) processes/materials, or synthetic blending materials shall not apply.

(d) ADDITIVES. Additives are required for deliveries of JP8/AN8 per MIL-DTL-83133G, unless addition is excluded by specific solicitation line item, applicable contract clause, or other contractual requirement.

(1) Antioxidant (AO) shall only be added to the hydrogen-treated portion of the product, and the percentage of the product that has been hydrogen treated shall be reported.

(2) The corrosion inhibitor/lubricity improver (CI/LI) additive(s) used shall be of the type and concentration cited in the Qualified Products Database (QPD). Qualified Products List (QPL) QPL-25017-22, Notice 1, dated April 28, 2008, is a Notice of Transformation that cancels this QPL and replaces the information with the new Qualification Data Set (QDS). The QPD can be accessed at https://assist.daps.dla.mil/quicksearch/

(3) Metal deactivator additive shall not be used in JP8 unless the Contractor has obtained written consent from the Contracting Officer.

(4) Line injection of additives (Fuel System Icing Inhibitor (FSII), CI/LI and Static Dissipator Additive (SDA)) from shipping tank to delivery conveyance is permitted under the following conditions:

(i) A laboratory hand blend containing the required additives and aviation turbine fuel must be tested to verify compliance with the specification. (Micro-Separometer (MSEP) can be performed without SDA present.)

(ii) Additives must be proportionately injected throughout the entire loading process to ensure the additive is homogeneously blended into the product. The Contractor shall maintain records evidencing the homogeneous blending of all line injected additives. Such records shall include meter or tank gauge readings or test results taken at intervals to provide confidence in the injection process.

(iii) When FSII is line injected, additive concentration must be verified based on a sample representative of the entire shipment.

(iv) When SDA is line injected, and insufficient time is available for the fuel to reach equilibrium before departure of the shipping conveyance, the Contractor is not required to report or verify the conductivity level on a representative sample from the conveyance.

This does not relieve the Contractor of the requirement to inject SDA homogeneously and in sufficient quantity to obtain a conductivity level which the Contractor would anticipate to be within the specification limits once the fuel is at equilibrium. The receiving activity will measure the conductivity and advise the Contractor if it does not meet the specification requirements and the Contractor shall adjust the SDA injection quantity accordingly.

(e) TESTING.

(1) PARTICULATE CONTAMINATION (PC) AND FILTRATION TIME (FT) TESTING.

(i) PC/FT TESTING. A minimum sample size of one gallon shall be filtered. Use of two membrane filters (a test membrane filter and a control membrane filter) is not required. Use of a single filter is acceptable. For filtration time, only one filter shall be used.

(ii) FT TESTING. Round upwards when reporting the filtration time, in minutes. For example, a filtration time of 10 minutes, 18 seconds, would be reported as 11 minutes.

(2) MICROSEPAROMETER (MSEP) RATING LIMITS.

(i) Refer to MIL-DTL-83133G.

(ii) Prior to initial production under this contract, the Contractor shall elect, on a one-time basis, which MSEP limit will be met for the balance of the contract. If the Contractor introduces FSII, CI/LI, and/or SDA after verification of product conformance with the MSEP requirement, the product is not required to meet a fixed limit on subsequent MSEP tests.

(iii) If the Contractor elects to verify conformance with the MSEP requirement on a sample of product that does not contain FSII and CI/LI, an additional MSEP test shall be performed on a hand blend containing aviation turbine fuel, FSII, CI/LI, and AO (AO only if required). The FSII shall be included in this handblend at a concentration of 0.10 to 0.15 volume percent and the amount of the CI/LI included shall be within the concentration range specified in the QPD. The additional MSEP result of this hand blend is a REPORT ONLY requirement, and shall be recorded on the DD Form 250-1 and on the Standardized Report Form (see Attachment __1___) as item 750X.

(3) THERMAL STABILITY. The Standard Test Method for Thermal Oxidation Stability of Aviation Fuels, ASTM D 3241, shall be performed according to either Option A or B described below:

https://assist.daps.dla.mil/quicksearch/

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(i) OPTION A. The thermal stability test shall be performed with the temperature of the test being 260 degrees Celsius (500 degrees Fahrenheit), in accordance with the requirements of MIL-DTL-83133G, and will be the basis for the acceptance or rejection of fuel.

However, an additional test shall be performed with the temperature of the test being 275 degrees Celsius (530 degrees Fahrenheit) and this result shall be REPORT ONLY.

(ii) OPTION B. The thermal stability test shall be performed with the temperature of the test being 275 degrees Celsius (530 degrees Fahrenheit). If the fuel fails the test at 275 degrees Celsius, a second test shall be performed at 260 degrees Celsius (500 degrees Fahrenheit). When both tests are performed, the results of the test at 260 degrees Celsius (500 degrees Fahrenheit) will be the basis for acceptance or rejection of the product.

(iii) Regardless of which option is chosen (Option A or B above), the test temperature and the results of the test shall be recorded on the DD Form 250-1 and on the Standardized Test Report Form.

(4) EXISTENT GUM. The preferred vaporizing medium for aviation turbine fuel is steam, however, the existent gum test (ASTM D 381) may be performed using air as the vaporizing medium at the following operating temperatures: Bath: 232 to 246 degrees Celsius;

Test well: 229 to 235 degrees Celsius. If air is used instead of steam while performing ASTM D381 and the test fails then the sample shall be retested using steam.

(5) WORKMANSHIP. The workmanship criteria in MIL-DTL-83133G, paragraph 3.4, is revised to read, “At the custody transfer point, the finished fuel shall be clear and bright and visually free from undissolved water and particulate matter in accordance with ASTM D 4176, Procedure 2, with a result of Rating 1, maximum. If the sample fails ASTM D 4176 only because it contains visible particulate matter, but meets the particulate matter requirements of 1.0 mg/L maximum as stated in MIL-DTL-83133G, Table I, the workmanship criteria is met. In case of dispute as determined by sample results taken from the custody transfer point, the fuel shall be clear and bright at 21 degrees Celsius (70 degrees Fahrenheit) and shall contain no more than 1.0 mg/L of particulate matter. The sample in dispute shall be taken into an area where the sample is permitted to slowly equilibrate to 21 degrees Celsius (70 degrees Fahrenheit).

(f) ADDITIONAL REQUIREMENT APPLICABLE TO AN8 ONLY. AN8 is used for Antarctic fuels operations and shall have a freezing point of minus 58 degrees Celsius (minus 72 degrees Fahrenheit) or lower while maintaining a flash point of 38 degrees Celsius (100 degrees Fahrenheit) or higher. AN8 sulfur content requirement shall not exceed 0.0015 mass% (15 ppm). The National Stock Number for AN8 is 9130-01-373-0208.

SECTION E

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

(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e) (1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

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52.246-2 CONT’D

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or

(2) terminate the contract for default.

Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.(i)

(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time --

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract.

Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor

(1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement.

When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer

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specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

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

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

(b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

THE FOLLOWING CLAUSE APPLIES--

1. TO ALL BULK LUBRICATING OIL AND ADDITIVE DELIVERIES.

2. TO ALL BULK AVIATION FUEL DELIVERIES.

3. TO ALL BULK NON-AVIATION DELIVERIES BY WATERBORNE TRANSPORT OR PIPELINE.

4. WHEN SPECIFIED IN THE SCHEDULE LINE ITEM NARRATIVE.

52.246-9029 INSPECTION AND ACCEPTANCE POINTS (APR 2010) - DLAD

(a) Inspection and Acceptance are:

Inspection point: [ ] Destination [X] Origin [ ] Elsewhere

Acceptance point: [ ] Destination [X] Origin

E- 0001/E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY FEB 2012)

(a) QUALITY CONTROL PLAN.

(1) The Contractor is required to provide and maintain an inspection system, and a…