RFP 12R0222 final pdf.pdf

RFP SP0600-11-R-0222

INFORMATION TO OFFERORS

PLEASE READ THE FOLLOWING CAREFULLY:

1. CONTRACT PRICE, TAXES, DUTIES AND FEES: Pursuant to UN Resolution 1244, and subsequent agreements, all support and supplies for personnel serving under Operation Enduring Freedom are exempt from all national and/or local taxes, duties and fees. In addition, support and supplies bound for Stabilization Force (KFOR) personnel are to have unimpeded movement throughout Kosovo. (For informational purposes, KFOR is a term, which includes both U.S. and Non- U.S. Forces.) All contract prices shall exclude taxes, duties or fees from which the KFOR nations are exempt. However, if the product is supplied from a country where taxes may be applicable (or subject to refund procedures) to KFOR nations, these taxes must be identified in K-0002 K86 FOREIGN TAXES, and invoiced as a separate line item. If taxes are applicable, the name of the tax and applicable rate must be listed on the contractor’s invoice in 1) local currency and U.S.

dollars, or 2) as a percentage. Individual line items will be established as necessary to identify the various taxes. A predetermined exchange rate shall be used to convert the taxes to U.S. dollars. Contractors, if requested, shall be cooperative in assisting the U.S. Government in receiving full refunds of any taxes levied on products purchased.

2. SOLICITATION CLOSING DATE: Tuesday, January 3, 2012 at 3:00 PM, local, Ft. Belvoir, VA time. Any offer received after this time will be considered “late” and may be determined unacceptable.

3. OFFER SUBMISSION: As part of your offer please:

A. Complete and submit the SF1449 (sign and date) and all fill in clauses/INTs.

B. Offers can be mailed, faxed or emailed as follows:

• Mail to DLA ENERGY, John J. Kingman Rd, Suite 4950, Attn: DLA Energy PIA, RM 3821, Ft. Belvoir, VA 22060

• Facsimile offers are authorized in accordance with 52.215-5 FACSIMILE PROPOSALS. When submitting your offer via fax, please fax to the ATTENTION of Laura Herms/PIA at (703) 767-8506.

• E-MAIL PROPOSALS should be sent to DESCPIA@DLA.MIL. In accordance with L-0001 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010). Government Infrastructure is defined as the DLA Server.

4. BASE REFERENCE INFORMATION:

Reference Publication is Platts, European Monthly Average.

Base Reference Date is November 1, 2011.

5. PROMPT PAYMENT ACT: The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C 3903) and prompt payment regulations at 5 CFR Part 1315.

6. NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF AWARD WAS

SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF CONTRACTS WITH THE GOVERNMENT

AGENCIES OR IN RECEIPT OF A PROPOSED DEBARMENT FROM ANY GOVERNMENT AGENCY IS

VOIDABLE AT THE OPTION OF THE GOVERNMENT.

mailto:DESCPIA@DLA.MIL

SECTION B: SUPPLIES OR SERVICE AND PRICE/COST

B-0001 B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET APPLICATION)

(DLA ENERGY MAY 2001)

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

(b) In an emergency, oral orders may be issued but must be confirmed in writing via a PORTS-generated order within 24 hours or one business day. See the PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS (PORTS) INTERNET APPLICATION clause.

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item.

Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as 3-year requirements.

PRODUCT ID PRODUCT NAME ESTIMATED THREE YEAR QUANTITY

27 GASOLINE, PREM UNL (MUP) 165,000 USG

NSN: 9130-00-148-7104

SPECIFICATION: C-0004 C16.18-19

30 DIESEL FUEL #1 (F65) 8,736,000 USG

NSN: 9140-01-440-9736

SPECIFICATION: C-0006 C16.26-15

34 DIESEL FUEL #2 (DF2) 6,240,000 USG

NSN: 9140-00-286-5294

SPECIFICATION: C-0006 C16.26-15

90 TURBINE FUEL, AVIATION (JP8) 2,250,000 USG

NSN: 9130-01-031-5816

SPECIFICATION: C-0003 C16.09-5

SCHEDULE

ITEM SUPPLIES, METHOD OF DELIVERY ESTIMATED

NUMBER & DELVIERY NARRTIVE 3-YEAR QTY OFFER PRICE/USD

300-27 CAMP BONDSTEEL, KOSOVO 165,000 USG ____________

GASOLINE, PREM UNL (MUP)

FOB DESTINATION

TRUCK WITH PUMP AND METER, WITH 4 - INCH FEMALE CAM

LOCK INTO 1/30,000 GALLON TANK TRUCK

TRUCKS MUST HAVE SERIALLY NUMBERED SEALS

DELIVERY HOURS: 0800 – 1600

MONDAY THROUGH SATURDAY

MILITARY ESCORT REQUIRED

***PORTS ACTIVE***

300-30 CAMP BONDSTEEL, KOSOVO 8,736,000 USG _____________

DIESEL FUEL #1 (F65)

FOB DESTINATION

TRUCK WITH PUMP AND METER, W/4 - INCH FEMALE CAM LOCK,

INTO 5/50,000 GALLON BLADDER(S)

TRUCKS MUST HAVE SERIALLY NUMBERED SEALS

DELIVERY HOURS: 0800 – 1600

MONDAY THROUGH SATURDAY

MILITARY ESCORT REQUIRED

***PORTS ACTIVE***

300-34 CAMP BONDSTEEL, KOSOVO 6,240,000 USG ______________

DIESEL FUEL #2 (DF2)

FOB DESTINATION

TRUCK WITH PUMP AND METER, W/4 - INCH FEMALE CAM LOCK,

INTO 5/50,000 GALLON BLADDER(S)

TRUCKS MUST HAVE SERIALLY NUMBERED SEALS

DELIVERY HOURS: 0800 – 1600

MONDAY THROUGH SATURDAY

MILITARY ESCORT REQUIRED

***PORTS ACTIVE***

300-90 CAMP BONDSTEEL, KOSOVO, 2,250,000 USG ______________

TURBINE FUEL, AVIATION (JP8)

FOB DESTINATION

TRUCK WITH PUMP AND METER, W/4 - INCH FEMALE CAM LOCK,

INTO 2/50,000 GALLON BLADDER(S)

TRUCKS MUST HAVE SERIALLY NUMBERED SEALS

DELIVERY HOURS: 0800 – 1600

MONDAY THROUGH SATURDAY

MILITARY ESCORT REQUIREED

***PORTS ACTIVE***

(DESC 52.207-9F56)

B-0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY MAY 2007))

(a) WARRANTIES. The Contractor warrants that--

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

(2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this contract.

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

(1) Award price means the unit price offered by the Contractor and set forth opposite the item in the Schedule.

(2) Reference price means the market price, this is either published in an independent publication or supplied by the Contractor, with which the award price is to fluctuate. The reference price should be a market price for the same or similar product(s) as the item being purchased.

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

(c) ADJUSTMENTS. The prices payable under this contract shall be the award price increased or decreased by the amount, determined according to the following formula that the reference price shall have increased or decreased, to and including the date of delivery.

(1) The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is-- [ ] (i) The low price published in________________________________________________________.

(name of publication)

[X] (ii) The average of the prices published in PLATT’S OILGRAM (Publication), EUROPEAN MONTHLY AVERAGE .

(name of publication)

[ ] (iii) The established price posted by ____________________________________________________ (name of company)

AND published in _________________________________________________________ (name of publication)

(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used. NOTE: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices, as notice of the correction is received. DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.

(4) NONCOMMERCIAL (NOTIFICATION). For price adjustments utilizing a reference price indicator other than commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof.

(i) INCREASES. Any increase in unit price as a result of an increase in reference price shall apply only to deliveries made on or after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase. However, the prices payable under this contract shall in no event exceed the Contractor’s posted or established selling price in effect on the date of delivery for the product supplied in the form of delivery made at the point of delivery. Also, no notification incorporating an increase in a contract unit price shall be executed pursuant to this clause until the increase has been verified by the Contracting Officer.

http://www.platts.com/

B-0002 B19.02 CONT’D

(ii) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the reference price, within the allotted 15 day period, such decrease shall apply to all deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease in the established price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS clause of this contract.

(5) Where the reference price is the Contractor’s established price (see (c)(2)(iii) above), the Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. The Contractor further warrants that, as of the current date, any differences between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice.

(d) MODIFICATIONS. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

(e) FAILURE TO DELIVER. Notwithstanding any other provisions of this clause, 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 the Excusable Delays and Termination for Cause paragraphs of the CONTRACT TERMS AND CONDITONS – COMMERCIAL ITEMS clause of the this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(f) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 375 percent of the award price, except as provided hereafter:

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

(2) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.

(g) REVISION OF REFERENCE PRICE INDICATOR. In the event—

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

(2) The reference price is an average of published or posted prices, and any one price ceases to be published or posted;

(3) The reference price is published in a trade price service or commercial journal and such publication ceases to publish said reference price or changes its method of quoting prices; or

(4) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustment described hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

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

(i) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause.

http://www.desc.dla.mil/

B-0002 B19.02 CONT’D

(j) FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(k) TABLE.

I II III IV V VI

If company – name of product;

Item # Name of company/publication If publication – heading under Location where Method of delivery Monthly Average (listed (identify by number from which reference price is reference price applicable to the Reference price Items) (c)(2) above) published & name of product is applicable reference price as of 01 NOV 11

300-27 Platt's Oilgram Prem UNL/ 10 PPM Kosovo TW $2.701231 FOB Med (USD)

300-30 Platts Oilgram Jet Kero CIF NWE Kosovo TT $3.108418 Cargoes

300-34 Platts Oilgram ULSD 10 PPM Kosovo TT $3.049514 FOB Med (USD)

300-90 Platts Oilgram Jet Kero CIF NWE Kosovo TT $3.058728 Cargoes

(DESC 52.216-9F24)

NOTE: ANY RESULTANT CONTRACT WILL ESCALATE BASED ON THE PREVIOUS MONTH’S AVERAGE, EFFECTIVE THE FIRST OF EACH MONTH. PER CLAUSE M55 THE GALLONS PER METRIC TON CONVERSION FACTOR USED FOR ITEM 300-27 IS 355.42, ITEM 300-30 IS 323.17, ITEM 300-34 IS 315.30, AND ITEM 300-90 IS 328.42.

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C-0001 C1 SPECIFICATIONS (DLA ENERGY 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 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.

https://assist.daps.dla.mil/ http://dodssp.daps.dla.mil/ http://dodssp.daps.dla.mil/

C-0003 C16.09-5 TURBINE FUEL, AVIATION WITH OR WITHOUT FUEL SYSTEM ICING INHIBITOR (FSII), CORROSION INHIBITOR (CI), AND STATIC DISSIPATOR ADDITIVE (SDA)(DLA ENERGY JUL 2010 ) The Aviation Turbine Fuel, shall conform to Defense Standard 91-91, Issue 6, Amendment 1 dated August 25, 2008, except as modified below:

(a) APPEARANCE. The appearance requirement of Table I is deleted and replaced with the following: “At the time of Government acceptance, the finished fuel shall be visually free from undissolved water, sediment, or suspended matter and shall be clear and bright when tested in accordance with ASTM D 4176, Procedure 1. In case of dispute, 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.”

(b) CLEANLINESS. Test limits for particulate matter and filtration time shall be as specified in Table 1 of MIL- DTL-83133G, dated April 30, 2010. The test procedure for assessing these properties shall be Appendix B of MIL-DTL- 83133G. The maximum particulate content must be 1.0 mg/L and shall apply at the point of acceptance. The maximum filtration time shall be 15 minutes. A minimum sample size of 3.79 liters (1 U.S. gallon) must be filtered. An alternative method for the determination of particulate contamination shall be ASTM D 5452.

(c) ADDITIVE REQUIREMENTS (The Contractor shall furnish and inject the following additives, as required by contract or contract line item). Additives shall not be premixed with other additives before injection into the fuel so as to prevent possible reactions among the concentrated forms of different additives.

(1) Corrosion Inhibitor/Lubricity Improver (CI/LI) additive(s) shall be added of the type and concentration cited within the Qualified Products Database (QPD). 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). To locate this information: (1) Go to the ASSIST QuickSearch website (URL https://assist.daps.dla.mil/quicksearch/), (2) type "QPL-25017" in the Document ID field, press the submit button, (3) click the QPL-25017 search result under Document ID, and (4) click the "Qualification" link located in the upper right side of the webpage. That will direct you to QDS-25017.

Only the following CI/LI additives are approved for shipment to North Atlantic Treaty Organization (NATO) countries:

INHIBITOR CONCENTRATION, GRAMS/CUBIC METER

Innospec Fuel Specialties, LLC DCI-4A 9 – 23 Afton Chemical, Hitec 580 15 – 22.5 Nalco Co, Nalco 5403 12 – 22.5 Baker Petrolite, Tolad 4410 9 – 22.5 Baker Petrolite, Tolad 351 9 – 24 Dorf Ketal Chemicals, Unicor J 9 – 22.5

(2 ) Fuel System Icing Inhibitor (FSII) Diethylene Glycol Monomethyl Ether (DiEGME), in accordance with MIL-DTL-85470B, dated June 15, 1999, shall be added at a concentration of 0.10 - 0.15 volume percent.

(3) Conductivity: Conductivity shall be between 70 and 600 pS/m for F34 (JP8) at ambient temperature or

29.4 degrees Celsius (85 degrees Fahrenheit), whichever is lower, unless otherwise directed by the procuring activity. If required, Static Dissipator Additive (SDA) shall be added to the fuel to impart electrical conductivity in accordance with the Defense Standard 91-91, Issue 6, Amendment 1 dated August 25, 2008.

(4) Metal Deactivator (MDA) shall not be used unless the supplier has obtained written consent from the Procuring Activity and user.

C-0004 C16.18-19 GASOLINE, AUTOMOTIVE, UNLEADED (PREMIUM) (NATO F67)

(DLA ENERGY MAR 2000)

(a) Premium gasoline shall conform to specification EN 228:1999.

(b) Product volatility shall conform to the requirements of volatility class A, B, C, or C1 during the period May 1 to September 30; product volatility shall conform to the requirements of volatility class D1 or E1 during the period November 1 to March 31. During the transition periods of April and October, volatility classes A through E1 are acceptable.

(c) Product appearance shall be as described below:

At the time of Government acceptance, the finished fuel shall be visually free from undissolved water, sediment, and suspended matter and shall be clear when tested in accordance with ASTM D 4176, Procedure 1. In case of dispute, the fuel shall be clear and bright at 21 degrees Celsius (70 degrees Fahrenheit) and shall contain no more than 0.01 percent volume maximum sediment and water when tested in accordance with ASTM D 2709.

(d) MATERIALS. The gasoline shall consist essentially of volatile hydrocarbons together with other additives blended so that the product complies with all requirements of this contract provision. Approved antioxidants and metal deactivators are listed in paragraph (e) below.

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

C-0004 C16.18-19 CONT’D

(e) APPROVED ADDITIVES. The following materials are approved for use in gasoline supplied to meet this requirement. Commercial additives containing the active ingredients listed below dissolved in organic diluents at the maximum practical concentration may be included in offered gasoline.

(1) ANTIOXIDANTS. Only the following inhibitors may be used at a concentration of not more than 43 grams of inhibitor (active ingredient basis) per cubic meter of gasoline:

(i) NN'-disecondary-butyl-para-phenylenediamine.

(ii) 2,6-ditertiary-butyl-phenol.

(iii) 2,6-ditertiary-butyl-4-methyl-phenol.

(iv) 2,4-dimethyl-6-tertiary-butyl-phenol.

(v) Mixed tertiary-butyl-phenols.

(2) METAL DEACTIVATORS. Only the following inhibitors may be used at a concentration of not more than 8.6 grams of inhibitor (active ingredient basis) per cubic meter of gasoline:

(i) NN'-disalicylidene-propylene diamine.

(ii) NN'disalicylidene-methylamine-dipropylene-triamine.

C-0005 C16.26 FUEL OIL, DIESEL (DF1/DF2 AND DS1/DS2) (OVERSEAS) (PC&S) (DLA ENERGY OCT 2010)

(a) APPLICABLE TO HIGH SULFUR AND ULTRA-LOW SULFUR GRADES DF1/DF2 AND DS1/DS2

ONLY.

HIGH SULFUR GRADES

DLA ENERGY MAXIMUM

NATIONAL PRODUCT PRODUCT SULFUR

STOCK NUMBER NOMENCLATURE CODE CONTENT

9140-00-286-5286 Grade No. 1-D S5000 DF1 0.50 wt% 9140-00-286-5294 Grade No. 2-D S5000 DF2 0.50 wt%

ULTRA-LOW SULFUR GRADES

DLA ENERGY MAXIMUM

NATIONAL PRODUCT PRODUCT SULFUR

STOCK NUMBER NOMENCLATURE CODE CONTENT

9140-01-524-5174 Grade No. 1-D S15 (ULSD) DS1 0.0015 wt% 9140-01-524-0139 Grade No. 2-D S15 (ULSD) DS2 0.0015 wt%

(1) The diesel fuel oil shall meet the physical and chemical requirements of ASTM D 975.

(2) Total particulate contamination level as measured by ASTM D 6217 shall not exceed 10 mg/L.

(3) The offeror shall identify low temperature performance parameters for offered diesel fuel.

(4) For Caribbean PC&S purchase program locations only, diesel fuel shall have a minimum flash point of 60 degrees Celsius (140 degrees Fahrenheit).

(b) PERFORMANCE ENHANCING/IDENTIFICATION MARKING ADDITIVES.

(1) A fuel stabilizer additive/biocide conforming to MIL-S-53021A may be blended into the fuel to improve the suitability of fuels for intermediate (6 to18 months) and long-term periods (18 to 25 months) of storage by preventing fuel deterioration and microbiological growth. Additive concentrations are given in the latest revision of QPL- 53021 found in the Qualified Product Database (QPD) of the Acquisition Streamlining and Standardization Information System (ASSIST) at http://assistdocs.com/.

(2) A corrosion inhibitor/lubricity improver conforming to MIL-PRF-25017G may be blended into the fuel to inhibit corrosion. Additive concentration limits are given the latest revision of QPL-25017. Additive concentrations are provided in the latest revision of QPL-25017 found in the Qualified Product Database (QPD) of the Acquisition Streamlining and Standardization Information System (ASSIST) at http://assistdocs.com/.

(3) For some U.S. states, territories, and possessions, the U.S. Internal Revenue Service requires that a red dye, identified as Solvent Red 164 (alkyl derivatives of azo benzene azo naphthol), must be added to all nontaxable diesel fuel as a means of identification. The minimum concentration is provided in 26 CFR Part 48.

(c) TEST REPORTS. A complete copy of the test report for each delivery of product by marine vessel or pipeline (but excluding tank truck and tank wagon deliveries) shall be forwarded to--

ATTN: DLA ENERGY-QT, ROOM 2943

DEFENSE LOGISTICS AGENCY ENERGY

8725 JOHN J KINGMAN ROAD

FORT BELVOIR VA 22060-6222

http://assistdocs.com/

C-0006 C16.26-15 FUEL OIL, DIESEL - SUMMER (TEMPERATE) AND WINTER (ARCTIC) GRADES

(KOSOVO)(DLA ENERGY AUG 2011)

(a) Summer (Temperate) Grade Diesel conforming to EN 590:2009+A1:2010, Grade A (CFPP plus 5 degrees Celsius maximum) is required from May 1st to September 30th for U.S. forces and non-U.S. forces.

(b) Winter (Arctic) Grade Diesel conforming to EN 590:2009+A1:2010, Arctic Class 1 (CFPP negative 26 degrees Celsius maximum) is required from October 1st to April 30th for U.S. forces and non-U.S. forces.

(1) If the Contractor wishes to meet this requirement by blending two different finished distillate fuel grades, one or more of which does not meet all requirements of EN 590:2009+A1:2010, Arctic Class 1, the offeror shall, prior to production of the blend--

(i) Provide full specification test data on a representative hand blend of the two grades;

(ii) Identify the approximate percentage by volume of each component used to achieve the results obtained above;

(iii) Provide documentation indicating the specification controlling each of the two distillate fuel grades used as blending components, and;

(iv) Identify the type and concentration of any additives included in the hand-blend.

(2) In addition, the following information shall be annotated on each test report for conforming Arctic Class 1 diesel batches produced by the procedure noted above:

(i) The percentage of each product grade included in the blend; and

(ii) The type and concentration of additive included in the blend.

(3) Contractors using the approach outlined in (b)(1) and (b)(2) above must ensure that the resulting blend meets all requirements of EN 590:2009+A1:2010, Arctic Class 1.

(c) APPLICABLE TO ALL DIESEL GRADES.

(1) The following additional tests will be performed and results reported:

Color ISO 2049 / ASTM D1500 Acid Number ISO 6618 / ASTM D974

(2) In addition to the EN 590 specification requirement for water content of 200 mg/kg maximum, and particulate content of 24 mg/kg maximum, the diesel fuel shall be visually free of undissolved water and sediment with a maximum haze rating of 2 when tested in accordance with ASTM D4176, Procedure 2. In case of dispute, the haze rating shall be determined at 25 degrees Celsius (77 degrees Fahrenheit) with a maximum haze rating of 2 and shall contain no more than 24 mg/kg sediment and no more than 200 mg/kg water.

SECTION E: INSPECTION AND ACCEPTANCE

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.

52.246-2 CONT’D

(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.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes re-inspection 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

52.246-2 CONT’T

Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause 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 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.

E-0001 E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

The Quality Office assigned inspection responsibility under this contract is DLA ENERGY EUROPE, ATTN: QUALITY MANAGER, CMR 443, BOX 5000, APO, AE 09096-5000, PHONE: 49-611-7413/7441, FAX 49-011- 58-7406.

E-0002 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY FEB 2011)

(a) DEFINITION: As used in this contract provision:

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 DLA Energy 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 DLA ENERGY CONTRACTS or QUALITY REPRESENTATIVE contract provision 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 or contract provision 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 DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy 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 DLA Energy 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.

(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 $500, 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 $1000, a second contract modification shall be issued reducing the Contractor's obligation to $1000 (the administrative cost of issuing the two

E-0002 E35 CONT’D

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 $500 to cover administrative costs. This $500 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 DLA Energy 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.

SECTION F: DELIVERIES AND PERFORMANCE

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.

(End of clause)

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:

10 Percent increase.

10 Percent decrease.

This increase or decrease shall apply to each delivery order.

(End of clause)

F-0001 F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND

TANK WAGONS (DLA ENERGY APR 1997)

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

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

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

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

(b) F.O.B. DESTINATION. On items calling for delivery f.o.b. destination by means of transport truck, truck and trailer, or tank wagon--

(1) 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.

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

(3) 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.

(4) 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.

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

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

(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 that is poorly maintained may be refused entrance to the installation by the installation Commander.

(ii) The Contractor shall present delivery equipment and product in such condition at destination so as to permit complete…