1_2_East_Solicitation_SP060013R0209.pdf

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1. 2E - SP0600-13-R-0209 (Amendment 013) Federal contract opportunity
Solicitation number
SP0600-13-R-0209
Issued by
Defense Logistics Agency Energy

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1.2 EAST OVERSEAS INTO-PLANE SOLICITATION

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1.2_East_Schedule_of_Supplies.pdf PDF
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Solicitation SP0600-13-R-0209

THE FOLLOWING CLAUSES ARE INCLUDED IN FULL TEXT AND CAN BE FOUND IN THIS SOLICITATION:

INDEX

CLAUSE

NUMBER

CLAUSE TITLE PAGE

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

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

(DLA ENERGY SEPT 2012)

B-0002 B19.38 ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (OVERSEAS INTO-PLANE)

(DLA ENERGY JAN 2012)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C-0001 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAR 2011)

C-0002 C2 SPECIFICATIONS (INTO-PLANE) (DLA ENERGY JAN 2013)

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

C-0004 C16.64-1 TURBINE FUEL, AVIATION (JP8/JA1) (ATL/EUR/MED) (DLA ENERGY AUG 2011)

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)

F-0002 F91-DEFUELING/RESERVICING (DLA ENERGY DEC 1985)

952.225-0006 CONTRACT DELIVERY REQUIREMENTS (AUG 2011)

SECTION G: CONTRACT ADMINISTRATION DATA

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

G-0002 G9-07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – CORPORATE TRADE EXCHANGE

(DLA ENERGY JUL 2007)

G-0003 G9-07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE

TRANSFER SYSTEM (DLA ENERGY JAN 2012)

G-0004 G149.02 SUBMISSION OF INVOICES FOR FUEL SAMPLE TRANSPORATION CHARGES (INTO-

PLANE)(DLA ENERGY DEC 2010)

SECTION H: SPECIAL CONTRACT REQUIREMENT

952.225-0004 COMPLIANCE WITH LAWS AND REGULATIONS (DEC 2011) 29

SECTION I: CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FEB 2012)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS – COMMERCIAL ITEMS (JAN 2013)

FAR 52.228-3 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT)(APR 1984)

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

FAR 52.229-7 TAXES- FIXED-PRICE CONTRACTS WITH FOREIGN GOVERNMENTS (JAN 1991)

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

IN INFORMATION (MAY 1999)

FAR 52.232-36 PAYMENT BY THIRD PARTY (FEB 2010)

FAR 52.242-13 BANKRUPCY (JUL 1995)

DFAR

252.203-7000

REQUIREMENTS RELATING TO COMPASANTION OF FORMER DOD OFFICIALS (SEP 2011)

252.212-7001

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2012)

252.225-7039

CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS (JUN 2012) 45

DFAR

252.225-7040

CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY U.S. ARMED FORCES DEPLOYED

OUTSIDE THE UNITED STATES (JUN 2011)

252.225- 7043

ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE

UNITED STATES (MAR 2006)

252.225-7995

CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES CENTRAL COMMAND

AREA OF RESPONSIBILITY (DEVIATION 2011-O0004) (APR 2011)

252.225-7997

ADDITIONAL REQUIREMENTS AND RESPONSIBILITIES RELATING TO ALLEGED CRIMES BY

OR AGAINST CONTRACTOR PERSONNEL IN IRAQ AND AFGHANISTAN (DEVIATION 2010-

O0014) (AUGUST 2010)

252.232-7003

ELECTRONIC SUBMISSION OF PAYMENT REQUEST AND RECEIVING REPORTS (JUN 2012)

252.232-7010

LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.246-7004

SAFETY OF FACILITIES, INSTRASTRUCTURE AND EQUIPMENT FOR MILITARY OPERATION

(OCT 2010)

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 I128.01 SUBSTANTIATION OF LOCAL TAXES FOR INTRASTATE/INTRACOUNTRY FLIGHTS

(DLA ENERGY APR 1987)

I-0004 I151 AIRPORT FEES AND/OR CHARGES (DLA ENERGY AUG 1998)

I-0005 I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR 2006) 61

I-0006 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

I-0007 I211.04 ORDERING (INTO-PLANE) (DLA ENERGY FEB 2009)

SECTION K: REPRESENTATION AND CERTIFICATIONS

FAR 52.212-3

/I/II

OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (ALTS I/II) (DEC

2012)

DFAR 252.209-

DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST

COUNTRY (JAN 2009)

DFAR 252.212-

OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (JUN 2005)

252.225-7020

TRADE AGREEMENTS CERTIFICATE (JAN 2005)

K-0001 K15 RELEASE OF UNIT PRICES (DLA ENERGY MAR 2009)

K-0002 K33.01 AUTHORIZE NEGOTIATORS (DLA ENERGY APR 2007)

K-0003 K86 FOREING TAXES (DLA ENERGY JAN 2012)

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

FAR 52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (AUG 2012) (DEVIATION)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS (FEB 2012) 75

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

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

DLAD 52-215-

REVERSE AUCTION (NOV 2012) 78

DLAD 52.233-

AGENCY PROTESTS (SEP 1999) 79

DLAD 52.233-

DISPUTES: AGREEMENTS TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2001)

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

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

L-0003 L69.01 ABBREVIATIONS (INTO-PLANE) (DLA ENERGY MAY 2009)

952.222-0001 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING CONDITIONS, AND

WITHHOLDING OF EMPLOYEE PASSPORTS (AUG 2011)

952.223-0001 REPORTING KIDNAPPINGS, SERIOUS INJURIES AND DEATHS (AUG 2011)

952.225-0005 MONTHLY CONTRACTOR CENSUS REPORTING (AUG 2011)

952.225-0010 FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS (IRAQ) (DEC 2011)

952.225-0011 GOVERNMENT FURNISHED CONTRACTOR SUPPORT (JUL 2012)

952.225-0013 CONTRACTOR HEALTH AND SAFETY (DEC 2011)

952.225-0017 CONTRACTOR DEMOBILIZATION (IRAQ) (DEC 2011)

952.225-0018 CONTRACTOR ACCOUNTABILITY AND PERSONNEL RECOVERY (IRAQ) (DEC 2011) 89

952.225-0021 MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR CONTRACTOR EMPLOYEES

OPERATING IN IRAQ (DEC 2011)

952.232-0001 NOTIFICATION OF PAYMENT IN LOCAL CURRENCY (IRAQ) (DEC 2011)

PSCR1-1 ADDITIONAL INSTRUCTIONS FOR CONTRACTOR PERSONNEL WORKING IN THE

USCENTCOM AREA OF RESPONSIBILITY (AOR), SUPPORT (AUG 2010)

PSCR1-2 COMPLIANCE WITH LAWS AND REGULATIONS (AUG 2010)

PSCR1-3 MONTHLY CONTRACTOR CENSUS REPORTING (NOV 2012)

PSCR1-4 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING CONDITIONS, AND

WITHHOLDING OF EMPLOYEE PASSPORTS (NOV 2012)

PSCR1-5 MILITARY EXTRATERRITORIAL JURISDICTION ACT (AUG 2010)

KSCR1-1 ADDITIONAL INSTRUCTIONS FOR CONTRACTOR PERSONNEL WORKING IN THE

USCENTCOM AREA OF RESPONSIBILITY (AOR), SUPPORT (NOV 2010)

KSCR1-2 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING CONDITIONS, AND

WITHHOLDING OF EMPLOYEE PASSPORTS (OCT 2011)

KSCR1-5 FITNESS FOR DUTY AND MEDICAL CARE LIMITATIONS (AUG 2011)

KSCR1-6 COMPLIANCE WITH LAWS AND REGULATIONS (AUG 2010)

KSCR1-7 MONTHLY CONTRACTOR CENSUS REPORTING (OCT 2011)

KSCR1-8 CONTRACT DELIVERY, TRANSPORTATION AND CUSTOMS REQUIREMENTS (AUG 2010)

KSCR1-10 MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR THIRD COUNTRY

NATIONALS OR LOCALLY HIRED EMPLOYEES (OCT 2011)

KSCR1-11 GOVERNMENT FURNISHED CONTRACTOR SUPPORT (NOV 2010)

KSCR1-12 MILITARY EXTRATERRITORIAL JURISDICTION ACT (AUG 2010)

KSCR1-13 INSTALLATION SECURITY/ACCESS/BADGING REQUIREMENTS (AUG 2010)

KSCR1-14 SPECIAL REQUIREMENTS FOR SECURITY/ACCESS ON AIR FORCE BASES IN KUWAIT (AUG 2010)

KSCR1-15 PREVENTION OF SEXUAL HARASSMENT TRAINING (AUG 2010)

KSCR1-16 CONTRACTOR PAYMENTS (NOV 2010)

KSCR1-17 SPONSORSHIP REQUIREMENTS (AUG 2010)

KSCR1-18 CONTRACTOR MANPOWER REPORTING (OCT 2011)

KSCR1-19 SPECIAL REQUIREMENTS FOR CONSTRUCTION AND FACILITY ASSOCIATED WORK ON

MILITARY INSTALLATIONS IN KUWAIT (OCT 2011)

SECTION M: EVALUATION FACTORS FOR AWARD

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

252.225- 7032

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

M-0001

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

ENERGY JAN 1998)

M-0002 M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

M-0003 M57 UNIT PRICES/ALTERNATE PRODUCTS/EVALUATION/AWARD (INTO-PLANE) (DLA

ENERGY JAN 2012)

M-0004 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 112

LIST OF ATTACHMENTS

[ X ] COUNTRY LISTING OF SOLICITED ITEMS (Schedule) PAGES 1 – 22

[ X ] OFFERORS’ SUBMISSION PACKAGE (OSP) OSP 1-25

[ X ] MILITARY STANDARD (1548-G)

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

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

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

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 System for Award Management (SAM)? [ ] 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 B19.38 ECONOMIC PRICE ADJUSTMENT (OVERSEAS INTO-PLANE) (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this 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 award price means the unit price set forth opposite the item in the Schedule.

(2) The term market price means the price or average of prices for the same or similar commodity within a market which is beyond the control of the Contractor, set forth in the publication(s) listed in the Table in paragraph (j) below, from which the award price is to fluctuate.

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

(4) The term week means a consecutive seven-day period beginning on a Monday.

(5) The term published means issued either in print or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the prices set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail.

(c) ADJUSTMENTS.

(1) The prices payable under this contract shall be adjusted upward or downward through issuance of contract price change modifications or web price changes during the period of performance.

(2) The prices payable hereunder shall be determined by changing the award price by the same number of cents, or fraction thereof, that the market price increases or decreases, as measured in U.S. dollars, per like unit of measure. The frequency of adjustments will be noted in paragraph (j) for each applicable item.

(3) An increase or decrease in the market price shall apply, provided the notification requirements in paragraph (4) below have been met, only to deliveries made on or after the effective date of the price change as stated in the publication.

(4) NOTIFICATION. If required in paragraph (j), the Contractor shall notify the Contracting Officer, Defense Logistics Agency Energy (DLA Energy), of any change in the market price within 15 days from the date thereof. Increases received after the 15-day notification period shall be effective on the date they are received by the Contracting Officer. Decreases shall be effective the date of the decrease in the price notification to the Contracting Officer and prices shall be adjusted retroactively.

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

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

(5) DAY OF PUBLICATION. Will be specified for each item in paragraph (j).

(6) PRICE ADJUSTMENT NOTIFICATIONS/MODIFICATIONS. The Contracting Officer will issue a contract price change modification or web price adjustment notification to reflect any change pursuant to this provision. 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. Contract price adjustments shall be provided via notification through contract modifications and/or posting to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

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

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

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

(8) 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.

(9) CORRECTIONS. Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com for its subscribers). If a correction to a reference price is found on Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices as notice of the correction is received. DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.

(d) 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.

(e) IMPORTANT: All of the proposed market prices listed in the Table below must meet the provisions set forth under the EVALUATION OF OFFERS SUBJECT TO ECONOMIC PRICE ADJUSTMENT provision.

(f) 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.

For quantity conversion factors not listed in the CONVERSION FACTORS provision, the Contractor should contact the DLA Energy Contracting Officer.

(g) 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.

(h) 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.

(i) All market prices must be stated in U.S. dollars per U.S. gallon. Conversion to U.S. gallons is in accordance with the CONVERSION FACTORS contract provision.

(j) TABLE.

I II III IV V VI

Heading under Method of Market price which reference delivery as of price is Location where applicable 01 JAN 2013 Item No. Name of published and reference price to the (date) (listed items) publication name of product is applicable market price (excludes all taxes)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C-0001 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAR 2011)

http://www.platts.com/

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 JAN 2013)

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

(5) 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 0.04 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).

(6) 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 C16.64-1 TURBINE FUEL, AVIATION (JP8/JA1) (ATL/EUR/MED) (DLA ENERGY AUG 2011)

(a) For the Central European Pipeline System (CEPS) and the United Kingdom locations, product must conform to the latest revision of Defence Standard 91-91, modified as follows: Additives shall not be premixed with other additives before injection into the fuel.

(b) For all other locations, Aviation Turbine Fuel shall conform to the latest revision of MIL-DTL-83133, modified as follows:

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

(2) ADDITIVE REQUIREMENTS.

(i) Corrosion inhibitor/lubricity improver (CI/LI) is not required/permitted unless stated otherwise in the Schedule. When required, the following CI/LI additives shall be added at the appropriate concentration listed below.

INHIBITOR CONCENTRATION, GRAMS PER CUBIC METER

INNOSPEC DCI-4A 9 - 24

HITEC 580 15 - 22.5

NALCO 5403 12 - 22.5

TOLAD 4410 9 - 22.5

TOLAD 351 9 - 24

UNICOR J 9 - 22.5

For deliveries to La Spezia, Italy, the CI/LI shall be 3.5 g/m3 above the minimum effective concentration identified in the Qualified Products Database (QPD) for any of the approved CI/LIs. 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://assistdocs.com.

(ii) When antioxidants (AO) are added to the hydrotreated portion of the finished product, the percentage of the blend that has been hydrotreated shall be reported.

(iii) For deliveries to the following locations, fuel system icing inhibitor (FSII) is required:

(A) Lajes Field, Azores.

(B) Thule AB, Greenland.

(C) Truck deliveries to Gioia del Colle, Italy, and Aviano Airbase, Italy.

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

(v) The requirement for static dissipater additive (SDA) (see the latest revision of MIL-DTL-83133, paragraph 3.3.3 and fuel electrical conductivity requirement in Table I) is deleted unless stated otherwise in the Schedule.

(3) TESTING.

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

(A) PC/FT TESTING. A minimum sample size of 3.79 liters (1 gallon) shall be filtered. Use of two membrane filters (a test membrane filter and a control membrane filter) is not required. Use of a single filter is acceptable.

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

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

(A) Option A. The thermal stability test shall be performed with the temperature of the test being 260 degrees Celsius (500 degrees Fahrenheit), in accordance with the requirements of the latest revision of MIL-DTL-83133, will be the basis for the acceptance or rejection of the fuel. An additional thermal stability test shall be performed with the temperature of the test being 275 degrees Celsius (530 degrees Fahrenheit) and this result shall be REPORT ONLY. Shipments will not be delayed pending results of this additional thermal stability test.

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

(iii) MICRO SEPAROMETER (MSEP) RATING LIMITS.

(A) Refer to the latest revision of MIL-DTL-83133.

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

(C) If the Contractor elects to verify conformance with the MSEP requirement on a sample of product that does not contain FSII and CI/LI, an additional MSEP test shall be performed on a hand-blend containing jet fuel, FSII, CI, and AO (AO only if required). The MSEP result of this hand-blend is a REPORT ONLY requirement, and shall be recorded on the DD Form 250-1 and on the Standard Report Form (see Attachment ___) as item number 750X.

(iv) EXISTENT GUM. The preferred vaporizing medium for aviation turbine fuel is steam, however, the existent gum test may be performed using air as the vaporizing medium at the following operating temperatures: Bath: 232 to 246 degrees Celsius; Test well: 229 to 235 degrees Celsius.

(c) LINE INJECTION OF ADDITIVES (applies to product conforming with the specifications of (a) or (b) above). Line injection of FSII, CI/LI, and SDA from shipping tank to delivery conveyance or other f.o.b. point is permitted under the following conditions:

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

(2) When FSII is required, additive concentration (refer to the latest revision of MIL-DTL-83133, specification for test methods permitted) must be verified based on a representative shipment sample(s).

(3) Conformance to specification requirement at the custody transfer point is required, however, prior to shipment, a laboratory hand-blend of jet fuel with all additives required by this contract shall be tested to verify compliance with the required specifications (MSEP analysis shall be performed per Contractor’s election in (b)(3)(iii)(B) above). The MSEP result on this hand-blend is a REPORT ONLY requirement and shall be recorded as item 750X, both on the Standardized Test Report Form (see Attachment _______) and on the DD Form 250-1. A footnote in the Standard Test Report Format will list the additives contained in the 750X sample.

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.

(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…

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