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SP0600-13-R-0204

AMENDMENT 0002

TTACHMENT A

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY JAN 2013)

(a) This contract provision applies to:
(1) All aviation fuel, lubricating oil, and additive shipments.
(2) All Bulk and Posts, Camps, and Stations non-aviation fuel shipments via pipeline or waterborne transport.

(b) QUALITY CONTROL PLAN.

(1) The Contractor is required to provide and maintain an inspection system, and a written description (Quality Control Plan (QCP)) of that system, acceptable to the Government. The Contractor has the option to provide and maintain an inspection system that, as a minimum, incorporates the requirements of ISO9001, Quality Management Systems. If the Contractor chooses to comply with the ISO9001 quality system requirements and format, all the specific Quality Assurance Provisions of this contract must be included in the resulting ISO9001 document that will serve as the QCP. A copy of the QCP, in English, shall be presented to the Government Quality Assurance Representative (QAR) for their review and acceptance prior to commencement of production or services. An acceptable QCP is required prior to Government inspection and acceptance of supplies or services. The QCP shall be reviewed and updated when deemed necessary by the Contractor or the Government, to include changes necessary to prevent the recurrence of quality problems. The Contractor must sign and date the original QCP, as well as each subsequent revision. Revisions shall also be presented to the QAR for review and acceptance prior to implementation. When acceptable to the Government, the original QCP, and any revisions, shall be signed and dated by the QAR.

(2) The Contractor shall require subcontractors to provide and maintain inspection systems adhere to all the requirements in this contract provision.

(3) The QCP shall include the identification of key operational positions, a schematic diagram of plant facilities pertinent to the inspection system, indicating all inspection points, and a description of the following operations related to the supplies or services to be furnished under the contract:

(i) RECEIVING, BLENDING AND COMPOUNDING. Procedures used to ensure the quality of additives blended into product supplied under this contract. Procedures to identify and ensure the quality of component base stocks used to produce finished product. Procedures to be used for adding, prior to batching, all required additives at all locations. When procedures for in-line blending of non-aviation products in accordance with the IN-LINE BLENDING OF NON-AVIATION PETROLEUM PRODUCTS contract provision are used, the QCP will provide for establishing blend ratios, and identify the responsible personnel within the Contractor's organization authorized to establish the blend ratios. When line injection of additives is required by the contract, the QCP will provide procedures for proportionately injecting additives throughout the entire loading process to ensure the additive is homogeneously blended into the product, as well as procedures for maintaining records evidencing the homogeneous blending of all line injected additives. In addition to the testing in (iii) below, a laboratory hand blend of jet fuel with all additives required by the contract shall be tested, prior to shipment, to verify compliance with the specification;

(ii) SAMPLING. Procedures for sampling additives, blend tanks, shipping tanks, lines, and conveyances/containers in accordance with API Manual of Petroleum Measurement Standards (MPMS), Chapter 8, Section 1, (ASTM D 4057) Manual Sampling of Petroleum and Petroleum Products, and/or Section 2, (ASTM D 4177) Automatic Sampling of Liquid Petroleum and Petroleum Products. Procedures include sample location, frequency, quantity, and retention. For all tanker, barge, and pipeline shipments, a flow-proportional sample taken in accordance with MPMS Chapter 8, Section 2 is preferred at the custody transfer point. However, manual samples taken in accordance with MPMS Chapter 8, Section 1 are acceptable provided that they are taken hourly throughout the shipment and that the quantity of the composite sample meets the requirements in Table II of this contract provision. See Table I, Minimum Sampling and Testing Requirements, and Table II, Sample Retention;

(iii) TESTING. Types of test series and individual test methods/procedures to be performed on samples taken from each location identified in (ii) above. See Table I, Minimum Sampling and Testing Requirements, and Table III, Definitions of Test Series;

(iv) CALIBRATION. Program for testing and measuring equipment in accordance with ISO 10012, Measurement Management Systems – Requirements for Measurement Processes and Measuring Equipment, or equivalent local regulation, as appropriate; and, a program for meters used to determine quantity complying with the API MPMS, Chapters 4, 5, and 6, or equivalent foreign standard. For items not covered by API, ASTM, or IP publications, the applicable manufacturer's recommended calibration method(s), outlined in the applicable industry publication, shall be used if acceptable to the Government;

(v) STORAGE AND HANDLING. Procedures for quality/quantity determination. Includes a description of storage and handling equipment, such as tanks, lines, valves, and manifolds; identification of dedicated/common product systems, including description of line segregation and controls to assure capability for proper gauging, sampling, draining of water, filtration, circulation, and drying; and identification of any other process/system used in maintaining product integrity during storage and handling;

(vi) LOADING AND SHIPPING – GENERAL. Procedures for product movement and related quality/quantity checks from shipping tank(s) to custody transfer point (CTP). Description of transfer system from shipping tank to CTP. A dedicated system, including lines, pumps, loading arms, and hoses, is preferred, but an isolated common system incorporating blind flanges, spectacle plates, or double valves between systems is acceptable. An isolated common system using single valves designed to ensure positive isolation, such as twin seal single valves, are also acceptable. Systems with single valve (other than twin seal) isolation require specific procedures be included in the QCP to ensure product integrity prior to the CTP. When single valves (other than twin seal) are present in the system, the Contractor shall provide their quality control procedures, from the first single valve to the CTP, at time of bid to the Contracting Officer for a determination of acceptability. Procedures for conditioning and testing of isolated systems that last carried a product other than that intended for movement under this contract. For in-line blending of non-aviation products, where approved in this contract, requirements must comply with the IN-LINE BLENDING OF NONAVIATION PETROLEUM PRODUCTS contract provision;

(vii) LOADING AND SHIPPING – TANK CARS, TANK TRUCKS, AND INTERMODAL CONTAINERS. For direct deliveries using Contractor-supplied tank cars and tank trucks in dedicated same grade aviation fuel service, refer to the section of API 1595 entitled “Loading of Road/Rail Cars” for loading and shipping procedures. All other tank car, tank truck, and intermodal container loadings shall be in accordance with the following procedures: Confirm all compartments have been prepared in accordance with Table IV, Conversion Chart for Tank Cars, Tank Trucks, and Intermodal Containers, below. Whenever possible, ensure the same preparation procedures used for compartments are applied to hoses, manifolds, etc. Ensure that conveyances carrying lubricating oil are dry and free from loose rust, scale, and dirt. Provide for investigation of discrepancies in either recorded quality or quantity. When required by the contract, seal conveyance and record seal numbers on the shipping document. Strainers and filters shall be located as near the loading or filling point as practicable and shall be used as outlined below for all deliveries except deliveries into tanker, barge, or pipeline.

(A) All aviation fuel shall be passed through strainers of 60 mesh or finer screen;

(B) All lubricating oil products, including preservatives, having a kinematic viscosity of 20.0 centistokes or less at 100 degrees Fahrenheit shall be passed through a 100 mesh or finer screen;

(C) All lubricating oil products, including preservatives, having a kinematic viscosity greater than 20.0 centistokes at 100 degrees Fahrenheit, but less than 22.0 centistokes at 210 degrees Fahrenheit, shall be passed through a 60 mesh or finer screen; and

(D) The Contractor shall furnish and periodically inspect strainers and filters pursuant to this paragraph to determine condition and perform maintenance as necessary, keeping a written record thereof.

(viii) LOADING AND SHIPPING – TANKERS AND BARGES.

(A) For f.o.b. destination Contractor-supplied tankers/barges. Procedures for the preparation of vessel cargo systems, in accordance with Energy Institute (EI) HM 50, Guidelines for the Cleaning of Tanks and Lines for Marine Tank Vessels Carrying Petroleum and Refined Products, that ensure the vessel is suitable to load the intended product(s).Particular attention should be given to vessels that previously carried a Fatty Acid Methyl Ester (FAME) cargo. As a minimum, f.o.b. destination Contractors must ensure that all cargo systems on the vessel intended for loading product under this contract, to include tanks, lines, manifolds, and pumps, are washed, gas freed, and inspected. In the event a solvent de-greaser is utilized in the tank preparation process, a minimum of two rinses must be performed by the vessel prior to loading Aviation Turbine Fuel. Vessels that will be carrying JP8 will be allowed to load without cleaning based upon the following criteria: the last cargo prior to loading JP-8 is Jet A/A1, and the second and third to last cargoes were clean middle distillate or lighter petroleum products (no black oils, lubricating oils, vegetable oils, palm oils, biodiesel with FAME content greater than or equal to 15 % or other similar products). The vessel will drop all lines and strip dry all cargo tanks of the previously carried Jet A/Jet A1 prior to loading JP-8. These procedures, and others deemed necessary by the Contractor, shall be included to ensure that the product meets the specification requirements at the CTP.

(B) For f.o.b. origin Government-supplied tankers/barges. Procedures for maintaining a time log of all significant events/delays including vessel notice of readiness, vessel arrival, mooring, vessel deballasting, inerting and conditioning of cargo tanks, inspections, hose connections and disconnections, starts, stops, vessel release, or any other event that affects lay time of the vessel. Procedures for assuring condition of loading line (full of tested product, all air bled, and pressure packed) and gauging shore tanks, both before and after loading. In the event an automated metering system is to be used as the means of shore quantity determination, manual gauges of all storage tanks designated for shipment shall be taken prior to commencement of loading. Procedures for preload discussion between Contractor, vessel, and QAR to include, but not be limited to, prior two cargoes, cleaning procedures, loading plan, loading rates, sampling requirements, and after loading sampling and gauging. [Prior to loading - gauge, sample, and test intransit cargoes designated for load on top. Gauge and sample (1 gallon) any other product on board, except for JPTS, and retain those samples.] All cargo quantities shall be calculated and volume corrected both before and after loading. Procedures for commencement of loading into one tank (up to 3 feet), then switching to at most two other vessel tanks while first-in sampling and testing is being accomplished (Table I). Procedures for the transportation of samples from the vessel to the testing facility. Monitoring the loading (including line blending and additive injection) from source to vessel, investigating irregularities immediately and stopping loading, if necessary. Procedures for investigating discrepancies in quality (mandated if off-specification or out of testing tolerance) and quantity (mandated if shore to ship variance is in excess of the following: 0.2% (0.002) for cargos not requiring cleaning, gas freeing, or drop/strip; 0.3% (0.003) for cargos requiring drop/strip; or 0.5% (0.005) for cargos requiring cleaning and gas freeing, or figures are suspect) on loaded conveyance.

(C) For both f.o.b. origin and destination tankers/barges. Procedures for immediately notifying the QAR when irregularities occur or are suspected, and on all occasions when loading is interrupted. Authority to release a Government-furnished vessel rests with the Government QAR after compliance and completion by the Contractor of all required operations, including the preparation of the DD Form 250-1.

(ix) RECORDS AND REPORTS. Procedures for completing and distributing required documentation both prior to and after the release of the vessel. Documentation shall include, as a minimum, test reports for all products and additives, additive blending and/or injection records, vessel notice of readiness, customs documents, bills of lading, vessel ullage reports, and the DD Form 250/DD Form 250-1 and continuation sheet(s) (or the Paperless Ordering and Receipt Transaction System [PORTS] or equivalent). Other documentation may be required on an as needed basis, such as vessel port logs, calibration records, and results of quality or quantity discrepancy investigations. These records and reports will include by whom, where, and how they were prepared, as well as retention information. The DD Form 250-1 and DD Form 250-1 continuation sheet(s) will be signed by the Contractor and the vessel representative in the appropriate blocks before presenting them to the QAR for signature. The DD Form 250 and DD Form 250-1 shall identify the type, brand name, and amount of all additive(s).

(x) CORRECTIVE ACTION. Actions to be followed to effect correction of any deficiency affecting product quality or quantity, such as handling of off-specification product (waivers, conveyance rejections, etc.). The corrective action procedures shall include notification of the QAR.

(4) The QCP shall identify one individual to serve as a point of contact for quality/quantity matters relating to the inspection system description in the plan.

(5) The Contractor is responsible for all inspection systems, QCPs, and product quality and quantity.

(c) The Contractor shall perform all inspections and acceptance tests required by the specifications of the supplies to be furnished under this contract or, shall have such tests performed, in a laboratory acceptable to the Government. For f.o.b. destination Contractor-supplied tankers/barges, the Contractor shall provide the QAR, prior to the first shipment, with the name and location of the laboratory to be used for testing at each discharge point. The Contractor shall also notify the QAR of any subsequent laboratory changes prior to the affected shipments. If any laboratory is determined to be unacceptable to the Government, the Contractor must designate another laboratory that is acceptable, before acceptance testing can take place. Acceptance tests will normally be performed at the acceptance point. However, when such tests are performed at origin on supplies to be accepted at destination, documentation that will enable verification of the original test results shall be provided to the Government prior to acceptance at destination. Regardless of the method of delivery, products furnished under this contract must meet all specification requirements at the CTP.

(d) Prior to loading, the Contractor shall inspect all shipping conveyances for suitability to load the supplies furnished under this contract, except for Government-furnished tankers and barges Authorization for the Contractor to participate in the inspection of Government-supplied tankers and barges rests with QAR. The QAR has the right to inspect any Government-supplied conveyance prior to loading and, in the event the Contractor and the QAR disagree on the suitability to load such a conveyance, the determination of the QAR shall govern. If the SHIPMENT AND ROUTING contract provision is included in the contract, Government-furnished transportation equipment that is unsatisfactory for loading shall be reported by the Contractor in accordance with the provisions contained in that contract provision. Procedures to determine suitability to load tank trucks and tank cars shall include, but not be limited to, visual inspection of interior compartments to assure cleanliness and dryness. Manifolds and hoses must be drained and be clean and dry for the intended product. If the Contractor intends to witness operations at any point up to, and including, government acceptance, the Contractor is responsible for contacting the facilities to be visited and obtaining the required access.

(e) When requested by the U.S. Government, the Contractor shall furnish no more than five (ten in the case of jet fuel) 1-gallon samples of liquid product from any individual batch or lot of the supplies to be furnished under this contract. Such samples shall be furnished without charge to the Government and shall be packed, marked, and shipped by the Contractor, at their expense.

(f) The Contractor shall keep all quality and quantity records related to the performance of this contract complete and available to the Government during the performance of this contract and for three years after final payment under this contract. These records shall include, but not be limited to, DD Form 250-series documents, documentation of internal inspections of all conveyances, laboratory certificates for all required testing (including those for the shipping tanks for f.o.b. destination tankers/barges), and documentation of quantity determinations.

(g) When a common system is to be used for shipment in accordance with paragraph (a)(3)(vi) above, the Contractor shall provide a list of all products carried by that system during the past year to the Contracting Officer, at the time of offer, for a determination of acceptability.

(h) The inspection system and related operations provided or performed pursuant to this provision shall be subject to surveillance by the QAR.

(i) The contractor may provide transportation to/from/between contractor facilities and operations to the QAR or DLA Energy representative performing official duties relating to the administration of the contract and the contract price shall include the cost of any such transportation.

TABLE I

MINIMUM SAMPLING AND TESTING REQUIREMENTS (1) (9)

LOCATION

WHEN SAMPLED
TYPE OF SAMPLE
TYPE OF TEST

(SERIES OR INDIVIDUAL)

1. Refinery/Terminal (Each Shipping Tank)

Each Batch Prior to Start of Shipment
All Level or Multi-Level Composite
A (2)

2. All Modes (Shipping Line)

a. Dedicated Line

b. Common Line Prior to Loading/Shipping

Spot

C

B

3. All Modes (except Tank Car/Tank Truck)/Intermodal Container) (Custody Transfer Point)

Immediately After Start of Loading/Shipping
Spot
C

4. a. Tanker/Barge or Pipeline (F.O.B.

Origin) (Custody Transfer Point)

b. Tanker/Barge (F.O.B Destination) (Custody Transfer Point) During Loading or Pipeline Shipping

During Discharge

Representative Line Sample [See Paragraph E1(a)(3) (ii)]

Representative Line Sample [See Paragraph E1(a)(3) (ii)]

Retain Only

Retain Only – Discard After Shore Tests are On-Specification

5. Tanker/Barge/Pipeline (Custody Transfer Point)

Hourly During Loading/Shipping
Spot
Visual (3) plus additive analysis for FSII & SDA, if line injected

6. Tanker/Barge (First-In)

After loading 3 feet or the line displacement quantity, whichever is greater
Spot
C (4) - plus additive analysis for FSII & SDA, if line injected

7. Tanker/Barge (F.O.B. Origin only)

a. Each Compartment

b. Composite After Loading

All-Level or Multi-Level Composite

Multi-Tank Volumetric Composite (6) of Each Product Loaded

Sample to be retained in case composite fails. If composite fails perform Workmanship & Density on each compartment sample. For JP5, flash point must also be performed.

B (except gum for Aviation Turbine Fuel) (except carbon residue for Diesel/Kerosene) (plus FAME (7))

8. Tanker/Barge (F.O.B. Destination only)

a. Origin (vessel) Composite

b. Destination (vessel) Composite

c. Destination (vessel) Each Compartment

(SEE NOTE 5 FOR ADDITIONAL

REQUIREMENTS)

After loading

Prior to Discharge

Prior to discharge

Multi-Tank Volumetric Composite (6) of Each Product Loaded

Multi-Tank Volumetric Composite (6) of Each Product to be Discharged

All-level or Multi-level composite

A (plus FAME (7))

A

For retain in case composite fails. If composite fails perform Workmanship & Density on each compartment sample. For JP5 perform flash point also.

9. Tank Car/Tank Truck/Intermodal Container (Loading Rack)

After change of source tank.
Spot
C plus additive analysis for FSII & SDA, if line injected

10. Tank Cars/Tank Truck/ Intermodal Container

After Loading/Filling
All-Level or Low Point Drain/Bottom Line (10)
Workmanship (C - when loading lubes and FSII)
11. Drum
After Filling
Multi-drum Composite (8)
C

NOTES FOR TABLE I:

(1) AT THE GOVERNMENT'S OPTION, FULL SPECIFICATION TESTING MAY BE REQUIRED AT THE CUSTODY TRANSFER POINT. IT IS THE CONTRACTOR'S RESPONSIBILITY TO FURNISH THE GOVERNMENT WITH SATISFACTORY EVIDENCE OF SPECIFICATION COMPLIANCE.

(2) PRIOR TO PERFORMING A-LEVEL TESTING, THE HOMOGENEITY OF EACH BATCH SHALL BE DETERMINED. AT A MINIMUM, UPPER, MIDDLE, AND LOWER SAMPLES SHALL BE TESTED FOR DENSITY/API GRAVITY AND COMPARED TO THE SPECIFICATION REQUIREMENT FOR HOMOGENEITY. IF NO SPECIFICATION REQUIREMENT EXISTS, HOMOGENEITY SHALL BE DEFINED AS WHEN THE TEST RESULTS FOR THE UPPER, MIDDLE, AND LOWER SAMPLES ALL FALL WITHIN THE REPEATABILITY LIMIT(S) OF THE TEST METHOD USED TO DETERMINE DENSITY/API GRAVITY. IN ANY CASE, WHEN DEEMED NECESSARY BY THE GOVERNMENT, TESTS IN ADDITION TO DENSITY/API GRAVITYMAY BE REQUIRED TO CONFIRM BATCH HOMOGENEITY.

(3) CONTINUOUS IN-LINE ANALYZERS (I.E., DENSITY AND/OR FLASH POINT) ARE ACCEPTABLE, IN LIEU OF HOURLY EVALUATIONS, IF QUALITY IS ASSURED. WHEN CONTINUOUS IN-LINE ANALYZERS ARE PRESENT IN THE SYSTEM, THE CONTRACTOR SHALL PROVIDE ITS QUALITY CONTROL PROCEDURES AT TIME OF OFFER TO THE CONTRACTING OFFICER FOR DETERMINATION OF ACCEPTABILITY.

(4) TESTING FOR PARTICULATE CONTAMINATION SHALL BE REQUIRED BY THE GOVERNMENT IF VISUALEXAMINATION OF THE SAMPLE FAILS WORKMANSHIP FOR SEDIMENT/SUSPENDED MATTER.

(5) FOR FOB DESTINATION SHIPMENTS DESTINED FOR MULTIPLE LOCATIONS IN CLOSE PROXIMITY TO ONE ANOTHER (WITHIN 24 HOURS SAILING TIME BETWEEN LOCATIONS) THE A-TYPE TESTING REQUIRED PRIOR TO DISCHARGE SHALL ONLY BE REQUIRED AT THE INITIAL DISCHARGE POINT, WITH ONLY C-TYPE TESTING REQUIRED PRIOR TO DISCHARGE AT SUBSEQUENT DISCHARGE POINTS. HOWEVER, IF CARGO INTEGIRTY CHANGES BETWEEN DISCHARGE POINTS, SUCH AS THROUGH CARGO TRANSFERS, CONTAMINATION, ETC., THEN A-TYPE TESTING SHALL BE REQUIRED AT THE NEXT DISCHARGE POINT. A COPY OF THE FULL SPECIFICATION TEST REPORT FOR THE VESSEL, AFTER LOADING, SHALL BE PROVIDED TO THE RECEIVING ACTIVITY AT EACH DISCHARGE POINT, PRIOR TO DISCHARGE.

(6) COMPRISED OF ALL-LEVEL OR MULTI-LEVEL COMPOSITES FROM EACH COMPARTMENT.

(7) CONTRACTORS DELIVERING INTO THE GPSS,CEPS, NIPS, AND DFSP ATHENS (MOH) SHALL PERFORM FAME CONTENT TESTING IN ACCORDANCE WITH TEST METHOD IP 585 OR IP 590, AND REPORT THE RESULTS TO THE DESTINATION CONSIGNEE PRIOR TO VESSEL ARRIVAL.

(8) A ONE LITER COMPOSITE SAMPLE OF EACH LOT OF PRODUCT SHALL BE TAKEN FROM A PREDETERMINED NUMBER OF RANDOMLY SELECTED DRUMS. THE TOTAL NUMBER OF DRUMS SAMPLED PER LOT SHALL, AT A MINIMUM, BE THAT CITED IN TABLE III OF API MPMS CHAPTER 8.1 (ASTM D 4057), BUT MAY BE INCREASED AT THE GOVERNMENT’S OPTION.

(9) THE SIZE OF ALL THE SAMPLES REQUIRED IN THIS TABLE, EXCEPT FOR THOSE DESIGNATED “RETAIN ONLY”, SHALL BE DETERMINED BY THE CONTRACTOR AND SHALL BE OF SUFFICIENT QUANTITY TO PERFORM ALL THE TESTS REQUIRED BY THIS TABLE. THE SIZE REQUIREMENTS FOR RETAIN SAMPLES CAN BE FOUND IN TABLE II, SAMPLE RETENTION.

(10) THE LOW POINT DRAIN/ BOTTOM LINE OPTION ONLY APPLIES TO TANK CAR AND TANK TRUCK SHIPMENTS OF FUEL – SHIPMENTS OF LUBRICATING OILS AND ADDITIVES MUST UTILIZE ALL-LEVEL SAMPLING PROCEDURES. IF INITIAL FUEL SAMPLES USING THE LOW POINT DRAIN/BOTTOM LINE OPTION ARE NOT CLEAR AND BRIGHT, ADDITIONAL SAMPLES SHALL BE TAKEN UNTIL A CLEAR AND BRIGHT SAMPLE IS OBTAINED.

TABLE II

SAMPLE RETENTION (1)

LOCATION

MINIMUM QUANTITY
RETENTION PERIOD(1)

1. Bulk Tank Cars/Tank Trucks/Intermodal Containers

Additives

Fuels and Lubricating Oils

2 Liters (2)

1 Liter (2)

Until Receipt and Quality Verification of Each Lot/Batch

15 Days – 45 Days for Lubricating Oils

2. Drums

Avgas

1 Liter – multi-drum composite (3)

45 Days

3. Shipping Tank(s)
20 Liters - for Aviation Turbine Fuels

10 Liters - for all other Fuels, Lubricating Oils, and Additives 45 Days

4. Tanker/Barge/Pipeline (Composite Line at Custody Transfer Point) 20 Liters - for Aviation Turbine Fuels

10 Liters - for all other Fuels 45 Days

5. Tanker/Barge (Composite)

F.O.B. Origin

F.O.B. Destination

20 Liters - for Aviation Turbine Fuels

10 Liters - for all other Fuels

20 Liters

45 Days

Until Shore Tests On-Specification

6. Tanker/Barge (Each Compartment)

F.O.B. Origin

F.O.B. Destination

0.5 Liter

1 Liter

45 days

Until Shore Tests On-Specification

NOTES FOR TABLE II:

(1) UNLESS OTHERWISE NOTED, THE RETENTION PERIOD SHALL BE FOR THE STATED NUMBER OF DAYS AFTER THE SAMPLE HAS BEEN TAKEN FROM THE LOCATION INDICATED.

(2) IF THE CONVEYANCE IS COMPARTMENTALIZED, A PROPORTIONAL SAMPLE SHALL BE TAKEN FROM EACH COMPARTMENT SUCH THAT A TOTAL OF ONE LITER IS COLLECTED FROM THE CONVEYANCE.

(3) A ONE LITER COMPOSITE SAMPLE OF EACH LOT OF PRODUCT SHALL BE TAKEN FROM A PREDETERMINED NUMBER OF RANDOMLY SELECTED DRUMS IN ACCORDANCE WITH TABLE III OF API MPMS CHAPTER 8.1 (ASTM D 4057).

TABLE III

DEFINITIONS OF TEST SERIES

I. TYPE A: Includes all specification quality conformance tests plus any additional contractual requirements.

II. TYPE B & C: As shown in the table below for each product. Properties and test methods will be in accordance with the product specification for each grade identified in the solicitation/contract.

AVGAS
TURBINE FUEL
MOGAS
DIESEL/

KEROSENE

BURNER FUEL
LUBE OIL
FSII
TEST PROPERTIES
B
C
B
C
B
C
B
C
B
C
B
C
C
Workmanship
*
*
*
*
*
*
*
*
*
*
*
Particulate content
*

* (1)

Filtration Time

Color
*
*
*
*
*
*
*
*
*
*

Density or API Gravity or Specific Gravity

*
*
*
*
*
*
*
*
* (2)
* (2)
Distillation
*
Corrosion, Copper Strip
*
Existent Gum
*

Carbon Residue

Lean or Rich Ratings
*
Reid Vapor Pressure
*

* (3)

Water Reaction
*
Lead Content
*

Freeze Point

Flash Point

*
*
*
*
*
*
*
*

FSII Content

Microseparometer

Conductivity

Sediment & Water

*
*

Viscosity

*
*

Water Content

*
*
*

Water Tolerance

Foam Test

*
*

* THE PROCEDURE TO BE USED FOR CONDUCTING THESE TESTS WILL BE AS STATED IN THE APPROPRIATE PRODUCT SPECIFICATION AND/OR CONTRACT.

NOTES FOR TABLE III:

(1) F76 ONLY.

(2) GRADES 1, 2, AND 4 (L) ONLY.

(3) JP4 ONLY.

TABLE IV

CONVERSION CHART FOR TANK CARS, TANK TRUCKS, AND INTERMODAL CONTAINERS (1)

PRODUCT TO BE LOADED (6)

LAST

PRODUCT

CARRIED (2)

JP-4

JET B

AVGAS

JP-5, JP-8 TS-1

JET A/A1

JPTS (7)

RP1/RP2
JP-10/PF-1
F76
FSII
LUBRICATING

OILS

JP-4, JET-B

MOGASE85, AVGAS

DRAIN

EMPTY

STEAM

DRY

STEAM DRY
STEAM DRY
STEAM DRY
STEAM

DRY

STEAM

DRY

STEAM DRY

JP-5, JP-8, TS-1

JET A/A1, KS1/R/N

DRAIN

EMPTY

DRAIN

EMPTY (4)

STEAM DRY
STEAM DRY
STEAM DRY
DRAIN

EMPTY (4)

STEAM

DRY

STEAM DRY

JPTS
DRAIN EMPTY
DRAIN EMPTY
DRAIN EMPTY
DRAIN EMPTY
STEAM DRY
DRAIN EMPTY
STEAM DRY
STEAM DRY
RP1/RP2
STEAM DRY
STEAM DRY
STEAM DRY
DRAIN EMPTY
STEAM DRY
STEAM DRY
STEAM DRY
STEAM DRY
JP-10/PF-1
STEAM DRY
STEAM DRY
STEAM DRY
STEAM DRY
DRAIN EMPTY
STEAM DRY
STEAM DRY
STEAM DRY

F-76, MGO

LS-1/2/S/W,

DS-1/2/S/W, DF-2

HS-1/2, FS-1/2

FL-2/4

STEAM

DRY

STEAM DRY

STEAM DRY
STEAM DRY
STEAM DRY
DRAIN

EMPTY (4)

STEAM

DRY

STEAM DRY

FSII
DRAIN

EMPTY

DRAIN

EMPTY

STEAM DRY
STEAM DRY
STEAM DRY
DRAIN

EMPTY

DRAIN

EMPTY

STEAM

DRY

LUBRICATING

OILS

NO LOAD
NO LOAD
NO LOAD
NO LOAD
NO LOAD
STEAM DRY
NO LOAD
DRAIN

EMPTY (3)

BIODIESEL BLENDS <B15
STEAM DRY (4)
STEAM DRY (4)
STEAM DRY (4)
STEAM DRY (4)
STEAM DRY (4)
STEAM DRY (4)
STEAM DRY (4)
STEAM

DRY (4)

BIODIESEL BLENDS >B15
STEAM

DRY(4) (5)

STEAM

DRY (4) (5)

NO LOAD
NO LOAD
NO LOAD
STEAM

DRY (4)

STEAM

DRY (4)

STEAM

DRY (4)

FS-4/5/6, FL-5

RF-4/5/6, R5L

IFO

NO LOAD
NO LOAD
NO LOAD
NO LOAD
NO LOAD
NO LOAD
NO LOAD
NO LOAD
NAPTHA
DRAIN

EMPTY

STEAM DRY
STEAM DRY
STEAM DRY
STEAM DRY
STEAM DRY
STEAM DRY
STEAM DRY
PETROLEUM SOLVENT/PAINT THINNER
STEAM DRY
STEAM DRY
STEAM DRY
STEAM DRY
STEAM DRY
STEAM DRY
STEAM DRY
STEAM DRY

NOTES FOR TABLE IV:

(1) WHEN REQUIRED, “DRAIN EMPTY” INCLUDES THE PUMP(S), FILTER(S), METER(S), AND HOSE(S), AS APPLICABLE.

(2) IF A PRODUCT IS NOT LISTED IN THIS COLUMN, PERMISSION TO LOAD AND CONVEYANCE PREPARATIONS REQUIRE A WAIVER FROM THE DLA ENERGY CONTRACTING OFFICER.

(3) APPLICABLE ONLY WHEN LOADING THE SAME SPECIFICATION LUBRICATING OILS; OTHERWISE, STEAM CLEAN AND DRY.

(4) IF PREVIOUS CARGO CONTAINED A DYE MARKER AND PRODUCT TO BE LOADED DOES NOT, ALL VISIBLE TRACES OF COLOR FROM THE DYE MUST BE REMOVED.

(5) PRIOR TO LOADING THE AVIATION FUELS LISTED, THE CONVEYANCE MUST CARRY A NON-FAME CARGO AND THEN BE STEAM CLEANED AND DRIED.

(6) CONVEYANCES THAT ARE EPOXY COATED OR SARAN LINED SHOULD NOT BE STEAM CLEANED – WASHING WITH HOT FRESH WATER, NOT EXCEEDING 58OC (136OF), AND DRYING THOROUGHLY IS RECOMMENDED.

(7) TO BE LOADED ONLY IN ALUMINUM OR STAINLESS STEEL CONVEYANCES, OR CONVEYANCES LINED WITH AN APPROVED EPOXY COATING.

E35NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 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 contract provision 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 re-inspection 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 required modifications), plus, if appropriate, any cost of Government re-inspection 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 contract provision, 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 re-inspection 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.

52.212-3 -- Offeror Representations and Certifications -- Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications -- Commercial Items (Dec 2012) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov . After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror pre-presents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and…

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