2 3 East Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

EST

SP0600-12-1145 64

SP0600-12-R-0238

RYAN DONDERO/NICOLE YUN 703-767-8494/8540

SP0600

NET 30

SEE SCHEDULE IN B-0001/B15.01

SP0600

DLA ENERGY PH

DUNS: CAGE CODE:

DEFENSE FINANCE AND ACCOUNTING SERVICES

ATTN: DFAS-CVDBBA/CO

P.O. BOX 182317

COLUMBUS, OH 43218-6251

DOMESTIC 2.3EAST REGION supporting requirements in ME, NH, MA, VT, RI, CT, NY, NJ, PA, DE, MD, VA, WV, NC, SC, GA, FL, PR, VI

SEE SCHEDULE B-0001

CONTRACT PROVISION B15.01

(ATTACH ADDITIONAL SHEETS AS NECESSARY)

PERIOD OF PERFORMANCE:

01 APRIL 2013 TO 31 MARCH 2017

97X4930.5CF0 01 26.1 S33150

J. ANN WILSON

324110

FAR 52.212-1(a)

09/14/2012

10/17/2012

1:00PM

DEFENSE LOGISTICS AGENCY ENERGY

MOBILITY FUELS DIVISION (DLA-ENERGY PHA)

8725 JOHN J. KINGMAN ROAD, STE. 3821

FORT BELVOIR, VA 22060-6222

PH: 703-767-8494/8540 FAX: 703-767-8506 PP: 2.3E

Solicitation SP0600-12-R-0238

THE FOLLOWING CLAUSES/CONTRACT PROVISIONS ARE HEREBY INCLUDED IN FULL TEXT WITH THE SOLICITATION:

INDEX

CLAUSES/CONTRACT PROVISIONS PAGE NUMBER

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B-0001

B15.01 SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED ( INTO-PLANE)

(DLA ENERGY JAN 2012)

B-0002 B19.35 ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (DOMESTIC INTO-PLANE)

SECTION C: DESCRIPTION/SPECIFICATION

C-0001 C1.02 DODISS SPECIFICATIONS (DLA ENERGY MAR 2011) 11

C-0002 C2 SPECIFICATIONS (INTO-PLANE) (DLA ENERGY AUG 2012) 11

C-0003 C16.08 TURBINE FUEL, AVIATION (JET A/A1/A50) (DLA ENERGY MAY 2011) 13

C-0004 C16.64-4 TURBINE FUEL, AVIATION (JP8) (INTO-PLANE) (DLA ENERGY AUG 2008) 13

SECTION E: INSPECTION AND ACCEPTANCE

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

E-0001 E17 CONTRACTOR INSPECTION RESPONSIBILITIES (INTO-PLANE) (DLA ENERGY JUL

2012)

E-0002 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY DEC

2011)

E-0003

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

SECTION F: DELIVERIES OR PERFORMANCE

F-0001 F56.01 DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) (DLA ENERGY JAN

2012)

SECTION G: CONTRACT ADMINISTRATION DATA

FAR 52.232-35 DESIGNATED OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER 21

INFORMATION (MAY 1999)

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 22

G-0002

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – CORPORATE TRADE EXCHANGE

(DLA ENERGY JUL 2007)

G-0003 G149.02 SUBMISSION OF INVOICES FOR FUEL SAMPLE TRANSPORTATION CHARGES

(INTO-PLANE) (DLA ENERGY DEC 2010)

SECTION I: CONTRACT CLAUSES AND DLA ENERGY CONTRACT PROVISIONS

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (INTO-PLANE/BUNKERS)

(TAILORED) (DLA ENERGY) (FEB 2012)

FAR 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (AUG 2012)

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 34

DFAR 252.212-7001

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS

(JUN 2012)

DFAR 252.232-7010

DLAD 52.233-9000

LEVIES ON CONTRACT PAYMENTS (DEC 2006)

AGENCY PROTESTS (NOV 2011)

DLAD 52.233-9001

DISPUTES: AGREEMENTS TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV 2011)

I-0001 I1.01 DEFINITIONS (DLA ENERGY JUN 2009)

I-0002 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS

(DLA ENERGY FEB 1996)

I-0003 I28.01 FEDERAL, STATE, AND LOCAL TAXES (DEVIATION) (DLA ENERGY NOV 2011)

I-0004 I28.02-2 FEDERAL, STATE, AND LOCAL TAXES AND FEES (DLA ENERGY JUL 2006)

I-0005 I28.03-2 TAX EXEMPTION CERTIFICATES (DLA ENERGY APR 2006) 39

I-0006 I128.01 SUBSTANTIATION OF LOCAL TAXES FOR INTRASTATE/INTRACOUNTRY

FLIGHTS (DLA ENERGY APR 1987)

I-0007 I151 AIRPORT FEES AND/OR CHARGES (DLA ENERGY AUG 1998)

I-0008 I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR

2006)

I-0009

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

I-0010 I211.04 ORDERING (INTO-PLANE) (DLA ENERGY FEB 2009)

SECTION K: REPRESENTATION AND CERTIFICATIONS

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICSAND CONDUCT (APR 2010) 41

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (Feb 2012) 43

FAR 52.212-3/I/II OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (ALTS I/II)

(APR 2012)

DFAR 252.209-7001

DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST

COUNTRY (JAN 2009)

DFAR 252.212-7000

OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (JUN 2005)

DFAR 252.225-7020 TRADE AGREEMENTS CERTIFICATE (JAN 2005) 53

K-0001

K15 RELEASE OF UNIT PRICES (DLA ENERGY MAR 2009)

K-0002

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (INTO-PLANE) (TAILORED) (DLA

ENERGY) (FEB 2012)

FAR 52.215-1/I

FAR 52.215-5

L-0001

INSTRUCTIONS TO OFFERORS —COMPETITIVE ACQUISITION (JAN 2004)

FACSIMILE PROPOSALS (OCT 1997)

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

L-0002

L69.01 ABBREVIATIONS (INTO-PLANE) (DLA ENERGY MAY 2009)

SECTION M: EVALUATION FACTORS FOR AWARD

FAR 52.212-2

EVALUATION – COMMERCIAL ITEMS (JAN 1999)

M-0001

M-0002

M3.01 EVALUATION OF OFFERS WHERE UNCOMMON ESCALATORS ARE USED (DLA

ENERGY JAN 1998)

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

M-0003

M57 UNIT PRICES/ALTERNATE PRODUCTS/EVALUATION/AWARD (INTO-PLANE)

M-0004

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

LIST OF ATTACHMENTS

[ X ] STATE LISTING OF SOLICITED ITEMS (Schedule) PAGES 1–16

[ X ] OFFERORS’ SUBMISSION PACKAGE (OSP) OSP 1-28

[ X ] MILITARY STANDARD (1548G)

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B-0001 B15.01 SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (INTO-PLANE) (DLA ENERGY JAN 2012)

(a) (1) The contract quantities shown below are best estimates only of the Government's requirements for the contract period. With respect to the products and/or services awarded at each individual airport location, the Contractor is obligated to deliver into-plane the supplies and perform the services required at such location, and the Government is obligated to order, accept, and pay for such supplies and/or services required at such location even though the quantities actually required during the contract period may be greater or less than the estimated quantities, except as provided for in the DELIVERY-ORDER LIMITATIONS contract provision.

(2) The estimated quantities shown in the Schedule do not include quantities that may be required by the Government for military exercises that are conducted at the specific airport location. The Government reserves the right to support military/federal exercises by using Government-furnished fuel, equipment, and personnel.

(3) In addition, if a Government facility is located at the airport, the Government shall only order from the Contractor the Government's fuel requirements that are in excess of its in-house capabilities. In such instances, the estimated quantities specified in the Schedule are estimates of requirements in excess of the quantities that the Government may itself furnish within its own capabilities.

(b) REQUIREMENTS. This is a requirements contract for the supplies or services specified and effective for the period stated in the ORDERING (INTO-PLANE) contract provision.

(1) The quantities of supplies or services specified in the Schedule are best estimates only and are not purchased by this contract.

Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities DLA Energy ribbed as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(2) Delivery or performance shall be made only as authorized by orders issued in accordance with the ordering provisions herein.

Subject to any limitations in the order limitations provisions herein or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the ordering provisions. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. However, the total quantity ordered and required to be delivered by the specified method of delivery during the ordering period may be greater than or less than these total estimated quantities.

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

(4) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; PROVIDED, that the Contractor shall not be required to make any deliveries under this contract after the end of the stated delivery period.

(c) Unless otherwise specified in the Schedule or the Notes/Exceptions, the Contractor shall perform all fuel deliveries called for under the contract using its established facility for the airport (ICAO) specifically solicited. Offerors must have authorization from the appropriate airport authorities for access to the airport property where the refueling will be performed. Delivery shall encompass all delivery methods available at the airport (hydrant, truck, etc.). Exceptions to this must be stated prior to award.

(d) Prices indicated hereunder are subject to the ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (DOMESTIC INTO- PLANE) contract provision for the contract period.

(e) For Electronic Point of Sale (POS) information, refer to the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) contract provision.

(f) For Manual delivery processing, the U.S. Government will provide the following:

(1) MECHANICAL IMPRINTERS. Only one imprinter will be issued for each location upon award. If additional imprinters are needed, it will be at the sole discretion of the Contracting Officer. Requests for initial Bartizan Mechanical Imprinter, Model Number 4760-100- 20 or equal, must be submitted to—

ATTN: DLA ENERGY-RRR

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226

Facsimile: (210) 925-0555 Email:

(2) DD FORM 1898. Request for initial and re-supply of DD Forms 1898 must be submitted in writing (on company letterhead) referencing the contract number and the quantity of DD Forms 1898 needed via either email or facsimile 30 days prior to the date additional forms are required. Submit email requests to DD1898-admin@pgmail.daps.dla.mil and facsimile requests to (215) 697-2424. The Contractor will return all unused DD Forms 1898 at the expiration of the contract unless a follow-on contract is awarded.

(g) Any prime contractor using another source as a refueler MUST submit a Commitment Letter from that Fixed Base Operator (FBO) indicating their support as the prime contractor’s refueling operator.

I. SCHEDULE

AIRPORT LOCATION IDENTIFIER: _______________ AIRPORT LOCATION: ________________________

PRODUCT GRADE IN ORDER OF

PREFERENCE (IF ALTERNATE EST QUANTITY

PRODUCT IS OFFERED, REFER TO (GALLONS) UNIT PRICE

SUBITEM NO. M57 AND MIL-STD-1548) (if applicable) PER GALLON

II. REFUELING OPERATOR INFORMATION. NOTE: If using other than the prime contractor as a refueler, see paragraph (g).

A. NAME ADDRESS TELEPHONE NUMBER

B. SOURCE OF PRODUCTS OFFERED:

NAME ADDRESS

mailto:DD1898-admin@pgmail.daps.dla.mil

C. CONTRACTOR REPRESENTATIVE OR AGENT. (Full name, address, and phone number if different from II.A.)

III. HOURS DURING WHICH SUPPLIES/SERVICES WILL BE AVAILABLE: (See the GENERAL DELIVERY CONDITIONS paragraph of the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) contract provision.)

[ ] 24 hours per day, 7 days per week (preferred)

OR

[ ] Other (Specify hours/call-out capability, and phone number for call-outs):

Hours of operation: ________________________________________________

Phone/Pager/Cellular Number (please identify): _____________________________________

Answering service and contact number: ___________________________________________

Is advance notice required for after-hours delivery? [ ] Yes [ ] No If yes, how far in advance (days, hours, minutes, etc.)? ____________________________________

Will there be a Call-Out Fee for after-hours delivery? [ ] Yes* [ ] No

*If yes, specify the amount and how charged (by occurrence or by hour). Occurrence is defined as a dispatch to refuel, regardless of number of aircraft serviced).

$ ____________ [ ] per occurrence OR [ ] per hour

NOTE: Call-Out Fees and hours are not evaluated items; however, in the event that 24-hour service is not available and the Government was unable to provide advance notification of after-hour delivery requirements, into-plane fuel may be procured from another source.

IV. AIRPORT FEES AND/OR CHARGES APPLICABLE TO U.S. GOVERNMENT AND INCLUDED IN THE SECTION I. UNIT PRICE ABOVE. (See the AIRPORT FEES AND/OR CHARGES contract provision.)

NAME AND ADDRESS IN FULL OF AUTHORITY AMOUNT OF FEES AND/OR CHARGES PER GALLON

TO WHOM FEE AND/OR CHARGE IS PAID AND GRADE OF PRODUCT APPLICABLE

V. NONPRODUCT ITEM CHARGES NOT INCLUDED IN THE SECTION I. UNIT PRICE ABOVE.

SUBITEM NO. PRODUCT TYPE OF CHARGE UNIT PRICE

VI. NONREFUNDABLE DUTIES AND TAXES NOT INCLUDED IN THE SECTION I UNIT PRICE ABOVE.

SUBITEM NO. PRODUCT TYPE OF CHARGE DUTY TAX

VII. POSTED AIRPORT PRICE.

THE POSTED AIRPORT PRICE AS OF THE BASE REFERENCE DATE (specify any taxes included).

________ per USG Taxes: ________________________________________________________

VIII. ADDITIONAL INFORMATION.

A. Does your company have world wide web/internet access? [ ] Yes [ ] No

NOTE: For those companies with internet access, DLA ENERGY will not issue paper copies of price change modifications for any resultant contract as these same price changes are available on the DLA ENERGY Home Page at http://www.desc.dla.mil/PublicPages/Business.cfm.

B. Does your company have a web site? [ ] Yes [ ] No If yes, what is the web address? ______________________________________________________________

C. Does your company have email capability? [ ] Yes [ ] No If yes, what is your email address? ____________________________________________________________

D. Is your company registered under the Central Contractor Registration? [ ] Yes [ ] No

E. What is your company's Dun and Bradstreet number? ____________________________________________

F. What is your company’s CAGE code number? ________________________________________________

IX. NOTES/EXCEPTIONS.

1. FEDERAL, STATE, AND LOCAL TAXES AND FEES contract provision. Federal Excise Taxes are applicable to deliveries to all U.S.

Government aircraft (military and civilian). Civilian deliveries are to be invoiced and paid separately. Military deliveries are to be reimbursed by the Internal Revenue Service (IRS).

2. ISSUES TO CANADIAN MILITARY AIRCRAFT. See paragraph (c), Submission of Invoices for Payment, of the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) contract provision for details. In the event Canadian Military Aircraft personnel do not possess/present Government AIR Card, the Contractor will ensure that the information, identified in paragraph (c) of the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) contract provision is entered in the appropriate blocks of the DD Form 1898.

3. EMERGENCIES. In the event of an emergency during nonduty hours (nights, weekends, and holidays), please contact the Command Control Center at (703) 767-8420.

B-0002 B19.35 ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (DOMESTIC INTO-PLANE) (DLA ENERGY JAN 2012)

(a) WARRANTS. 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 contract provision; and

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

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

(1) The term base price means the unit price set forth opposite the item in the contract Schedule.

(2) The term market price means the price or average of prices for the same or similar item, as set forth in the publication(s) listed in the table in paragraph (h) below, from which the base price is to fluctuate.

(3) The term base market price means the price or average of prices, as set forth in the publication(s) listed in the table in paragraph (h) below, in effect on the date listed in the RFP.

(4) The term date of delivery means the date and time product under this contract is delivered into-plane.

(5) The term week is a consecutive seven-day period beginning on a Monday.

(c) NOTIFICATION. The Contractor shall notify the Contracting Officer, Defense Logistics Agency Energy (DLA Energy), of any change in the market price by facsimile within 14 days from the date thereof.

(d) ADJUSTMENTS.

(1) The prices payable under this contract shall be adjusted upward or downward through issuance of contract modifications in accordance with the conditions set forth in this contract provision. One adjustment shall be made for each week during which the market prices have changed and shall become effective on the first day of the week. Any increase or decrease shall apply only to deliveries made on or after the first business day of the week and not the publication date of the trade price service or commercial journals listed in the table in paragraph (h) below. The amount of increase or decrease in the price payable under the contract shall be the same number of cents or fraction thereof that the market price increases or decreases per like unit of measure.

(i) In the event the Contractor fails to notify the Contracting Officer of any increase/decrease in market price, such increase/decrease shall apply only to deliveries made on and after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase/decrease.

(ii) DAY OF PUBLICATION. Except for items employing the publications listed in (A) and (B) below, the market price in effect on the date of delivery shall be that item’s preselected market price published on the Monday of the week in which the delivery is made or, in the event there is no publication in that week, it shall be the item’s preselected market price as last previously published.

NOTE 1: Oil Price Information Service’s (OPIS) Petroscan data is dated on a Thursday but is incorporated into the following Monday’s “hard copy” publication.

NOTE 2: DLA Energy downloads the electronic versions of the price publications (i.e., Platts, OPIS). Occasionally, a slight discrepancy may be noted between the prices posted on the electronic version and the printed (hard copy) version. In such an event, the prices posted in the electronic version shall be used in determining adjustments under this contract provision.

(A) PLATTS OILGRAM PRICE REPORT. For items employing Platts Oilgram Price Report Spot Price Assessment, with an effective day of Monday or Tuesday of each week, the market price in effect on the date of delivery shall be that item’s preselected market price officially on the electronic version on Monday’s containing prices effective on the prior Friday of the week in which the delivery is made. For items employing Platts Oilgram Price Report 5 Day Rolling Average, the market price in effect on the date of delivery shall be that item’s preselected market price published for 5 days ending on the Friday prior to the week in which the delivery is made. Normally, the average will be Monday through Friday; however, in the event of a holiday or other occurrence(s) for which Platts does not make an effective price, the closest effective price date(s) prior to Monday will be used to complete the 5 Day Rolling Average.

(B) When a combination of two different publications is utilized, the earlier date of the week shall control if differing published dates are used.

(2) The Contracting Officer shall calculate the adjusted prices based on the difference between the base market price and the market price. This difference shall be added to or subtracted from the base price to arrive at the current prices payable under this contract.

(3) The prices payable under this contract for any given week will be based on the last market price effective during the preceding week.

(4) The Contracting Officer shall issue a modification as soon as practicable after such price becomes effective. However, no modification incorporating an increase in a contract unit price shall be executed pursuant to this provision until the increase in the applicable published market price has been verified by the Contracting Officer or authorized representative.

(5) Contract price adjustments shall be provided via notification through contract modifications and/or posting to the DLA Energy web page at http://www.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

(6) The Contractor shall invoice and will be paid at the price set forth in the modification.

(7) 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.

(8) 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 575 percent of the award price in any applicable program year (whether a single year or a multiyear program), 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 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 market 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, until the Contracting Officer issues either a contract modification to raise the ceiling or written notification that the ceiling will not be raised.

(9) REVISION OF MARKET PRICE INDICATOR. In the event--

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

(ii) The Contracting Officer determines that the market price indicator consistently and substantially failed to reflect market conditions— the parties shall 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.

http://www.dla.mil/

(e) 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.

(f) 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.

(g) 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.

(h) TABLE. The publication(s), market price(s), and other pertinent data are as follows:

Location where Base market market price Name of price as of Item Number Publication is applicable product (August 14, 2012)

SECTION C: DESCRIPTION/SPECIFICATION/INSPECTIONS

C-0001 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.

C-0002 C2 SPECIFICATIONS (INTO-PLANE) (DLA ENERGY AUG 2012)

(a) SPECIFICATIONS.

(1) Product to be supplied shall fully meet the requirements of the applicable specification(s) indicated in the Supply Schedule, except as modified below. 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).

(2) The specification for into-plane servicing of fuels at commercial airports is MIL-STD-1548, (latest revision), which is incorporated into this contract.

(3) MIL-STD-1548 Into-Plane Servicing of Fuels at Commercial Airports, stipulates into-plane refueling for Type 1 classification of into-plane servicing shall follow ATA Specification 103, Standard for Jet Fuel Quality Control at Airport (latest revision). The following exceptions are incorporated into ATA Specification 103, (latest revision):

(i) Chapter 2-1, General, Operations & Maintenance Manuals CHANGE: “…should have maintenance and operation (M&O) manuals…” to “…shall have maintenance and operation (M&O) manuals…”.

(ii) Chapter 2-4, Fuel Storage Facility Requirements, Storage Tanks, DELETE: “Floating suction with means of verifying proper operation.”

(iii) Chapter 2-5, Fuel Facility Checks, Annual Checks and Chapter 3-11, ADD: “The opening and inspecting of storage tank interiors on an annual basis is optional.”

(iv) Chapter 2-6, Hydrant System Checks, General ADD: “Aircraft operators and DLA Energy ACO shall be notified…”

(v) Chapter 2-7, Aircraft Fueling Equipment Requirements, Fuel Quantity Measurement Meter and Chapter 2-8, Aircraft Fueling Equipment Checks, Annual Checks, Meter Calibration, ADD: “For meter calibration of refueling unit and hydrant servicing vehicle meters, where the state or local regulations requires use of NIST HDBK 44, (latest revision) it is acceptable to adhere to the meter calibration accuracy and repeatability tolerances in either ATA 103 or the NIST HDBK 44.”

(4) The Velcon Hydrokit is not to be used for detecting free water in aviation turbine fuels that contain FSII.

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(5) Within 30 days of contract award and then every 180 days thereafter for the life of the contract, the Contractor is required to obtain, package and ship 1-gallon samples of each grade of aviation turbine fuel (Jet A and Jet A with FSII are separate grades) and AVGAS to a laboratory listed in Table II or III of MIL-STD-1548(latest revision), or their designated U.S. Government accepted commercial laboratory.

(i) For OCONUS locations, the Contractor shall satisfy the sample submission requirement of this solicitation/contract by either of the following options:

(A) Samples Submitted To The Assigned U.S. Government Laboratories ( per MIL-STD-1548, latest revision): The Contractor shall secure and provide evidence of a customs broker or freight forwarder to ensure that samples submitted from OCONUS locations are promptly cleared through either US Customs at the Point of Entry into the United States and forwarded to the appropriate United States area laboratory or through the applicable country’s Customs at the Point of Entry and forwarded to the appropriate OCONUS lab.

(B) Samples Submitted to U.S. Government Accepted Commercial Laboratories: The Contractor shall ensure that the mandatory periodic samples are obtained and tested within the Area of Responsibility at a laboratory found acceptable by DLA Energy Quality Assurance Representative (QAR). If the offeror elects this option, they must advise the Contracting Officer when submitting their proposal so a DLA Energy QAR can be requested to visit and inspect the offeror’s proposed laboratory prior to contract award. Only approved laboratories will be used for analyzing periodic samples and if a laboratory has not gained QAR approval or loses testing capabilities, periodic samples must then be submitted to a Government Laboratory. If a Contractor is granted authorization by contract to utilize a commercial laboratory for testing, all laboratory test reports shall be forwarded within 5 business days of receipt by the contractor to the appropriate DLA Energy QAR identified on the DD Form 1222, Request for and Results of Tests, Block #2. The Contractor will be responsible for the cost of the testing performed at the Contractor’s approved commercial laboratory found acceptable to the U.S. Government.

(ii) The sample size shall be a minimum of 3.8 liters (one gallon) for each grade of product handled. A DD Form 1222 shall be used and shall accompany the sample to the laboratory indicating the Contractor’s name, contract number, airport location, airport location number/identifier (ICAO code), product designation, location the sample was taken from, date the sample was taken, and under the heading Reason for Test, select either Into-plane Sample or Into-plane Retest, as appropriate. The DD Form 1222 shall also be documented to indicate required tests. For turbine fuel samples, tests requested on the DD Form 1222 shall consist of flash point and freeze point; on contracts that require FSII additive, an analysis for FSII content shall also be requested. If the contract requires FSII, but it is not injected until time of issue to the aircraft, the DD Form 1222 shall document that the sample does not require analysis for FSII content. NOTE: If the contract has line items with and without FSII at the same location and the FSII is not injected until the time of issue, then only a single sample submission for both line items is required. Note on the DD Form 1222 that the single sample covers both line items, is without FSII and requires no FSII testing. For AVGAS samples, the DD Form 1222 should be documented to request sample analyses consisting of distillation, vapor pressure, copper strip corrosion, and freeze point. All samples shall be taken in an epoxy-coated can as defined in ASTM D 4306. Each can used for these semi-annual samples shall, as a minimum, be rinsed three (3) times with the same fuel to be sampled. All sample containers submitted to DoD labs shall be new and will not be returned to submitting Contractors. The samples to be submitted for testing shall be taken during flow from a refueling vehicle or hydrant servicing unit downstream of the unit’s filtration vessel by way of a sample cock. Samples shall not be taken from a nozzle at the end of the aircraft refueling hoses. The sample container shall be immediately tightly sealed after obtaining the sample. Servicing equipment to be sampled shall be rotated until all servicing units are sampled. All FBO suppliers shall make available to the US GOVT (upon request) a certificate of quality that demonstrates that the most recent aviation turbine fuel delivery into the FBO supplier's fuel system meets all DLA Energy contract specification (to include Thermal Stability) requirements.

(6) In addition to fuel quality requirements established in ATA 103 (for Type I locations) and Joint Inspection Group (JIG) I (for Type II locations), add the following test frequencies if FSII and/or static dissipater additive (SDA) is present in aviation fuel. Every 30 days, analyze FSII content on storage tank or aircraft servicing unit samples in accordance with ASTM D 5006. FSII content shall be 0.07 to 0.20 percent. Every 7 days, perform a conductivity analysis from bulk stocks or aircraft servicing unit for SDA content, conductivity level services to aircraft shall be between 50 and 700 conductivity units (CUs).

(7) For Type II classification locations that have into-truck, into-bladder or into-tank contract line items (CLINS), along with the JIG 1 requirements, the following inclusions from JIG 2, Standard for Aviation Fuel Quality Control & Operating Procedures for Joint Airport Depots, and JIG 3, Standard for Aviation Fuel Quality Control & Operation Procedures for Jointly Operated Supply & Distribution Facilities shall also be incorporated:

(i) Chapter 3: Depot Facilities – Design Features, Section 3.4 filtration;

(ii) Chapter 4: Receipt Procedures, Section 4.1 Documentation;

(iii) Chapter 5: Quality Control, in its entirety;

(iv) Chapter 7: Product Release for Delivery to Into-Plane Fuelling Equipment and Hydrant systems, in its entirety

(v) Chapter 10: Operating Requirements, in its entirety.

(b) NATIONAL STOCK NUMBERS (NSNs). National Stock Numbers pertaining to supplies listed in the Schedule are as follows:

PRODUCT

NOUN CODE NSN

Turbine Fuel, Aviation, JAA IAA 9130-01-305-4097 Turbine Fuel, Aviation, JA1 IA1 9130-01-305-4096

Turbine Fuel, Aviation, JAB IAB 9130-01-305-5595 Turbine Fuel, Aviation, JP8 IP8 9130-01-305-5597 Turbine Fuel, Aviation, TS1 TS1 9130-01-492-4931 Gasoline, Aviation, 100LL I13 9130-01-446-6176

NOTE: Nouns, Product Codes, and NSNs are common whether the product provided is with or without FSII.

C-0003 C16.08 TURBINE FUEL, AVIATION (JET A/A1/A50) (DLA ENERGY MAY 2011)

Aviation turbine fuel shall conform to the requirements of ASTM D 1655, Standard Specification for Aviation Turbine Fuels, as modified below.

(a) ADDITIVES.

(1) FUEL SYSTEM ICING INHIBITOR (FSII). When FSII is required by contract line item—

(i) The fuel shall contain 0.07 to 0.20 percent by volume FSII.

(ii) The FSII shall conform to the requirements of the latest version of specification MIL-DTL-85470, Inhibitor, Icing, Fuel System, High Flash NATO Code Number S-1745, found in the Acquisition Streamlining and Standardization Information System (ASSIST) database, or ASTM D 4171, Standard Specification for FSIIs, Type III.

(iii) When using the 20-ounce aerosol can to introduce FSII during over the wing refueling, determine the fuel quantity and calculate the amount of additive required. The additive shall be added gradually during filling to permit proper blending in the fuel. One can of aerosol additive will inhibit 180 gallons of fuel to 0.087 percent by volume. The use of aerosol FSII is not permitted for U.S. Navy aircraft refueling.

(2) LUBRICITY IMPROVER (LI). When LI is required by contract line item—

(i) The additive shall conform to the latest revision of MIL-PRF-25017 found in ASSIST and shall be listed in the electronic Qualified Products List (QPL)-25017 located in the Qualified Products Database (QPD).

(3) STATIC DISSIPATER ADDITIVE (SDA). When required, the conductivity range shall fall between 50 and 700 picosiemens/meter at ambient temperature or 85 degrees Fahrenheit, whichever is lower.

(i) The following electrical conductivity additive is approved: Stadis® 450 marketed by Innospec Fuel Specialties (formerly Octel Starreon LLC), Newark DE 19702.

(b) JET A50. Type Jet A50 turbine fuel has the same requirements as Jet A turbine fuel, except its maximum freezing point is -50 degrees Fahrenheit (-45.6 degrees C), which is lower than Jet A’s -40 degrees Fahrenheit (-40 degrees Celsius) maximum.

C-0004 C16.64-4 TURBINE FUEL, AVIATION (JP8) (INTO-PLANE) (DLA ENERGY AUG 2008)

Aviation Turbine Fuel (JP8) shall conform to MIL-DTL-83133F dated April 11, 2008.

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

(b) TESTING. 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 temperatures: Bath: 232 to 246 degrees Celsius; Test well:

229 to 235 degrees Celsius.

(c) ADDITIVES. If required, corrosion inhibitor/lubricity improver (CI/LI) shall be included in the fuel at the concentration specified in the Qualified Products Database (QPD). Qualified Products Listing (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). To locate this information, you must link to the QPD at http://assist.daps.dla.mil/online/help/qds_pub.cfm after registering with the ASSIST website.

SECTION E: INSPECTION AND ACCEPTANCE

FAR 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.

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(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.

(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 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 E17 CONTRACTOR INSPECTION RESPONSIBILITIES (INTO-PLANE) (DLA ENERGY JUL 2012)

(a) CONTRACTOR INSPECTION RESPONSIBILITIES.

(1) The Contractor shall adhere to the mandatory periodic sample submission requirement and all other technical and inspection requirements outlined in the contract provisions entitled “SPECIFICATIONS”..

(2) The Government may verify evidence of quality furnished pursuant to the contract and ascertain that the system of transporting and handling product is adequate to ensure that specification product is supplied under this contract. The Contractor shall furnish hereunder, from time to time, at the request of, and in the manner and to the place designated by the Quality Assurance Representative (QAR), samples of each product or grade of product to be furnished or serviced under this contract; PROVIDED, however, that in no event shall the Contractor be required to furnish annually more than 10 one-gallon samples. Such samples shall be furnished without charge to the Government and shall be packed, marked, and shipped sampling (to include timely Door-To-Door shipment of quarterly samples to required laboratories) by the Contractor, shipping expense prepaid, in containers and shipping boxes furnished by the Contractor.

(3) The Contractor shall keep all quality and quantity records complete and available to the Government during the performance of this contract and for three years after final payment under this contract.

(4) The Contractor shall furnish and periodically inspect strainers, filters, and all other associated facilities and equipment required pursuant to the terms of this contract, keeping a written record thereof.

(5) The inspection system, including operations directly related thereto, that must be provided or performed pursuant to this contract provision shall be subject to surveillance by the QAR.

(6) The contractor may provide…