13-R-0223_Amendment_0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

PAGE OF PAGES

2. AMENDMENT/MOD NO.

3. EFFECTIVE DATE

May 1, 2013

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SP0600 7. ADMINISTERED BY (If other than Item 6) CODE JIM CLOUGH/DLA ENERGY - FEPDA James.Clough@dla.mil

DEFENSE LOGISTICS AGENCY ENERGY

8725 JOHN J KINGMAN RD., SUITE 2945

FORT BELVOIR, VA 22060 PHONE: 703-767-1884

8. NAME AND ADDRESS OF CONTRACTOR (no., street, city, county, State, and ZIP Code)

X

9a. AMENDMENT OF SOLICITATION NO.

SP0600-13-R-0223

9b. DATED (SEE ITEM 11)

April 10, 2013

10a. MODIFICATION OF CONTRACT/ORDER NO.

CAGE CODE: BIDDER CODE:

10b. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ X ] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [] is extended, [X] is not extended

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning one (1) copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN

ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: MUTUAL AGREEMENT OF THE PARTIES

D. OTHER (Specify type of modification and authority) E. IMPORTANT: Contractor [ ] is not, [ ] is required to sign this document and return two (2) copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.

See page 2

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME OF CONTRACTING OFFICER

CYNTHIA A. WICKLUND

15B. NAME OF CONTRACTOR/OFFEROR

BY ____________________________________________

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

BY ________________________________________

(Signature of Contracting Officer)

16C. DATE SIGNED

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA FAR (48 CFR) 53.243

SP0600-13-R-0223

Amendment 0001

A. Contract provision B-0001 B1.05-2, SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET APPLICATION)(DLA ENERGY JAN 2012) is updated to reflect the correct performance dates, correct line item narrative and add Gasoline and Aviation Gasoline line items.

B. Contract provision F-0005 F4, DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) is updated to reflect the correct performance dates.

C. Contract provision B-0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012), is updated to reflect base reference prices for Gasoline and Aviation Gasoline line items.

D. Contract provision C-0002 C16.68 FUEL SPECIFICATIONS(PC&S)(DLA ENERGY JUL 2012) is updated to reflect specifications for the added line items.

E. Contract provision C-0003 C16.15 GASOLINE, AVIATION(GRADES 80/100LL)(DLA ENERGY SEP 2011) is added to the solicitation.

F. All other terms and conditions remain unchanged.

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

(DLA ENERGY JAN 2012)

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

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

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as N/A -year requirements.

Base Year

Ordering Period: 11 July 2013 Through 10 July 2015 Delivery Period: 11 July 2013 Through 10 July 2015 plus a 30-day carry over period

SUPPLIES, DELIVERY POINTS, TWO (2) YEAR

CLINS AND METHOD OF DELIVERY ESTIMATED QUANTITY PRICE

109 AMMAN

OS, ARMY, KING ABDULLAH II SPECIAL OPERATIONS TRAINING CENTER

AMMAN JORDAN

DELIVERY DODAAC: W56RQW

BILLING DODAAC: W56RQW

ORDERING OFFICE: 302-663-0080

CAPTAIN JEREMY BROWN (ORDERING OFFICER US ARMY)

Jeremy.Brown@dla.mil

109-34 DIESEL FUEL #2 (DF2) 372,000 USG $______________/USG

***PORTS ACTIVE***

TANK TRUCK (TT), W/ PUMP, FILTER SEPARATOR & METER

MUST ARRIVE AT THE FACILITY SEALED BY THE

CONTRACTOR WITH 2.0MM OR EQUIVALENT U.S. GOVERNMENT

APPROVAL SEAL.

THIS FUEL IS CAPITALIZED

SUPPLIES, DELIVERY POINTS, TWO (2) YEAR

109-ST STORAGE CONTAINER 372,000 USG $______________/MONTH

***PORTS ACTIVE***

STORAGE CONTAINER FOR DIESEL FUEL #2 UNDER 109-34.

A MINIMUM OF 8,000 U.S. GALLONS BULK FUEL

CONTAINER OR SIMILAR WITH PUMP, FILTER SEPARATOR

TO BE PROVIDED, THAT COULD REMAIN ON SITE TO BE REFILLED

OR EXCHANGED.

CONTAINER MUST HAVE AT MINIMUM A 50 FOOT HOSE AND NOZZLE

ACCEPTABLE FOR USE WITH MOTOR VEHICLES.

110 AMMAN

OS, ARMY, KING ABDULLAH II SPECIAL OPERATIONS TRAINING CENTER, AMMAN, JORDAN

AMMAN JORDAN

DELIVERY DODAAC: W56RQW

BILLING DODAAC : W56RQW

ORDERING OFFICE: 302-663-0080

ORDERING DODAAC : W56RQW

110-26 GASOLINE, MID UNL (MUM) 74,400 USG $______________/USG

***PORTS ACTIVE***

TANK TRUCK, W/ PUMP, FILTER SEPARATOR & METER

MUST ARRIVE AT THE FACILITY SEALED BY THE

CONTRACTOR WITH 2.0MM OR EQUIVALENT US GOVERNMENT

110-ST STORAGE CONTAINER 74,400 USG $______________/MONTH

***PORTS ACTIVE***

STORAGE CONTAINER FOR MUM UNDER 110-26.

EXAMPLES WOULD BE AN 8,000 GALLONS BULK FUEL

CONTAINER WITH PUMP, FILTER SEPARATOR OR SIMILAR

TO BE PROVIDED, THAT COULD REMAIN ON SITE

TO BE REFILLED OR EXCHANGED.

111 ZARQA

OS, ARMY, PEACE OPERATION TRAINING CENTER

ZARQA, JORDAN

DELIVERY DODAAC: W91QU0

BILLING DODAAC: W91QU0

ORDERING OFFICE: 079.934.2985

ALT ORDERING OFFICE: 302.795.8204

ORDERING DODAAC: W91QU0

111-10 GASOLINE, AVIATION (100LL) 61,752 USG $_______________/USG

THE MODE OF DELIVERY IS "DRUMS".

SPECIAL REQUIREMENTS:

-INITIAL DELIVERY OF 830 USG (17 DRUMS)

-WEEKLY REQUIREMENT 581 USG

-MONTHLY REQUIREMENT 2,573 USG

-24 HOURS OPERATIONS. ESCORT WILL ALWAYS BE AVAILABLE.

-IN GATING PROCEDURES VENDOR WILL CONTACT

SGT HANCOCK AT CELL (JORDAN) 079.934.2985 OR DSN

302.795.8204 AND HE WILL HAVE A REP MEET THE TRUCK AT THE GATE AND ESCORT.

-POC OF RESPONSIBLE OFFICER/ACCOUNTABLE OFFICE SGT SETH A. HANCOCK.

-DELIVERY DATES AND TIMES WILL BE

COORDINATED BY REQUESTOR OR RESPONSIBLE OFFICER.

-CONTRACTOR WILL REMOVE EMPTY DRUMS

-CONTRACTOR MUST ENSURE ALL DELIVERY TICKET ARE SIGNED BY U.S. GOVERNMENT

REPRESENTATIVE AND CONTAIN SIGNATORY'S PRINTED

NAME, ORGANIZATION, AND DATE PRODUCT WAS RECEIVED

AT THE DELIVERY LOCATION.

DELIVERY TICKET: LOADING RACK METERED DELIVERY TICKET REQUIRED.

Option I

Ordering Period: 11 July 2015 Through 10 July 2016 Delivery Period: 11 July 2015 Through 10 July 2016 plus a 30-day carry over period.

SUPPLIES, DELIVERY POINTS, ONE (1) YEAR

CLINS AND METHOD OF DELIVERY ESTIMATED QUANTITY PRICE

109 AMMAN

OS, ARMY, KING ABDULLAH II SPECIAL OPERATIONS TRAINING CENTER

AMMAN JORDAN

DELIVERY DODAAC: W56RQW

BILLING DODAAC: W56RQW

ORDERING OFFICE: 302-663-0080

CAPTAIN JEREMY BROWN (ORDERING OFFICER US ARMY)

Jeremy.Brown@dla.mil

109-34 DIESEL FUEL #2 (DF2) 186,000 USG $______________/USG

***PORTS ACTIVE***

TANK TRUCK (TT), W/ PUMP, FILTER SEPARATOR & METER

MUST ARRIVE AT THE FACILITY SEALED BY THE

CONTRACTOR WITH 2.0MM OR EQUIVALENT US GOVERNMENT

109-ST STORAGE CONTAINER 186,000 USG $______________/MONTH

STORAGE CONTAINER FOR DIESEL FUEL #2 UNDER 109-34.

EXAMPLES WOULD BE AN 8,000 GALLONS BULK FUEL

CONTAINER WITH PUMP, FILTER SEPARATOR OR

SIMILAR TO BE PROVIDED, THAT COULD

REMAIN ON SITE TO BE REFILLED OR EXCHANGED.

110 AMMAN

OS, ARMY, KING ABDULLAH OPERATIONS TRAINING CENTER, AMMAN, JORDAN

AMMAN JORDAN

DELIVERY DODAAC: W56RQW

BILLING DODAAC: W56RQW

ORDERING OFFICE: 302-663-0080

ORDERING DODAAC: W56RQW

110-26 GASOLINE, MID UNL (MUM) 37, 200 USG $______________/USG

***PORTS ACTIVE***

TANK TRUCK (TT), W/ PUMP, FILTER SEPARATOR & METER

MUST ARRIVE AT THE FACILITY SEALED BY THE

CONTRACTOR WITH 2.0MM OR EQUIVALENT US GOVERNMENT

APPROVAL SEAL.

THIS FUEL IS CAPITALIZED

110-ST STORAGE CONTAINER 37,200 USG $______________/MONTH

***PORTS ACTIVE***

STORAGE CONTAINER FOR MUM UNDER 110-26.

EXAMPLES WOULD BE AN 8,000 GALLONS BULK FUEL

CONTAINER WITH PUMP, FILTER SEPARATOR OR SIMILAR

TO BE PROVIDED, THAT COULD REMAIN ON SITE

TO BE REFILLED OR EXCHANGED.

SUPPLIES, DELIVERY POINTS, ONE (1) YEAR

111 ZARQA

OS, ARMY, PEACE OPERATION TRAINING CENTER

ZARQA, JORDAN

DELIVERY DODAAC: W91QU0

BILLING DODAAC : W91QU0

ORDERING OFFICE : 079.934.2985

ALT ORDERING OFFICE: 302.795.8204

ORDERING DODAAC : W91QU0

111-10 GASOLINE, AVIATION (100LL) 30, 876 USG $_______________/USG

***PORTS ACTIVE***

THE MODE OF DELIVERY IS "DRUMS"

SPECIAL REQUIREMENTS:

-INITIAL DELIVERY OF 830 USG (17 DRUMS)

-WEEKLY REQUIREMENT 581 USG

-MONTHLY REQUIREMENT 2,573 USG

-24 HOURS OPERATIONS. ESCORT ALWAYS WILL

BE AVAILABLE.

-IN GATING PROCEDURES VENDOR WILL CONTACT

SGT HANCOCK AT CELL (JORDAN) 079.934.2985 OR DSN

302.795.8204 AND HE WILL HAVE A REP MEET THE TRUCK AT THE GATE AND ESCORT.

-POC OF RESPONSIBLE OFFICER/ACCOUNTABLE OFFICE SGT SETH A. HANCOCK.

-DELIVERY DATES AND TIMES WILL BE

COORDINATED BY REQUESTOR OR RESPONSIBLE OFFICER.

-CONTRACTOR WILL REMOVE ALL EMPTY DRUMS

-CONTRACTOR MUST ENSURE ALL DELIVERY TICKET ARE SIGNED BY U.S. GOVERNMENT

REPRESENTATIVE AND CONTAIN SIGNATORY'S PRINTED

NAME, ORGANIZATION, AND DATE PRODUCT WAS RECEIVED

AT THE DELIVERY LOCATION.

DELIVERY TICKET: LOADING RACK METERED DELIVERY TICKET REQUIRED.

NAME OF SIGNER (TYPE OR PRINT):_____________________________

OFFEROR SIGNATURE: __________________________________________ DATE: ______________________________

SPECIAL NOTES:

1. Offerors submitting electronic responses to this solicitation must limit email size to 10MB for a single email. Emails over 10MB may not be delivered because of server restriction on mail size for delivery.

2. Force protection requirements are in full effect under this contract at all times. There may be waits outside all gates. This includes mandatory cool down periods of 24 hours or more. Alternating security measures may randomly affect wait times outside of the gates. Claims for detention will not be paid.

3. Offerors note: The U.S. Government is tax exempt. DO NOT include any taxes in offered prices for which the U.S. is tax exempt.

4. If awarded a contract, the Government may request periodical updates to the information found in the Ownership Responsibility and Sub-Contractor Data Sheet. Failure to provide full, complete and accurate information at any time during contract pre-award or performance, with regard to this package may be grounds for a Contractor Non-Responsibility Determination and termination of the contract by the Contracting Officer.

5. Any violation of the Iran Sanctions Act is strictly forbidden. Contractor shall not source nor blend any portion of the fuel destined for DLA Energy with refined fuel products sourced from Iran. In accordance with FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (APR 2012), by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act.

6. Exceptions: Any exceptions the offeror takes to the terms and conditions of the solicitation must be submitted with the offer. Offerors shall submit all exceptions taken in list format. Only exceptions detailed in the offer will be treated as exceptions to the terms and conditions of the solicitation. Any exceptions taken by the offeror will be considered by the Government and either accepted or rejected. Exceptions that are accepted by the Government will be incorporated into any resultant contract; exceptions that are rejected by the Government must be withdrawn by the offeror or the offer will be rejected.

7. DLA Energy reserves the right to request delivery to an alternate location as needed in accordance with the CHANGES - Military Readiness Clause of this contract. The Contractor may submit a claim for any reasonable additional transportation costs, as supported by appropriate documentation, which may result from such a change.

8. CLIN s109-ST and 110-ST are service CLINs and will be a firm fixed price item in the resultant contract.

9. Offerors must submit pricing in unit price/per USG format for CLINs 109-34, 110-26 and 111-10: Example: ($0.000000/USG)

10. Offerors must submit pricing in unit price/per month format for storage CLINs 109-ST and 110-ST: Example: ($0.000000/Month)

11. Offerors shall complete and submit following attachments:

a. Attachment 1 Fuel Source Data Sheet

b. Attachment 2 Subcontractor, Owner, And Employee Data Sheet

c. Attachment 3 Contractor Past Performance Data Sheet

F-0005 F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002)

(a) The period of this contract during which the Ordering Officer may order and the Contractor shall deliver, if ordered, will be as follows unless the Schedule specifies otherwise:

(1) Ordering period begins: ___Date of Award ________ and ends: ____ 10 July 2015____________.

Option one begins: 11 July 2015___________ and ends: 10 July 2016______ _____.

(2) Delivery period begins: ___Date of Award _________ and ends: 30 days after end of ordering period.

Option one delivery: ___11 July 2015 and ends: 30 days after end of ordering period.

(b) Notwithstanding the foregoing, deliveries prior to the delivery period, made at the option of the Contractor and pursuant to an order by the Government, shall be deemed to have been made under this contract at the applicable contract price(s).

B-0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (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 provisions of this contract.

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

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

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

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

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

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

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

(Name of publication)

[ X ] (ii) The average of the prices published in ________PLATTS_ OILGRAM _________________ (Name of publication)

[ X ] (iii) The established price posted by JORDAN PETROLEUM REFINERY COMPANY LTD and (Name of company) published in ___________ JORDAN PETROLEUM WEBSITE ____________________________ (name of publication)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(k) TABLE.

I II III IV V VI VII

Name of If company - Reference Max Price company/ name of product; Method of price payable under publication If publication - delivery as of this contract (identify heading under applicable 1 APR 2013 (includes any Item No. by number which reference Location where to the (date) tax included (listed from (c)(2) price is published reference price reference (exclude in the award items) above) and name of product is applicable price all taxes price .

109-34 JORDAN DIESEL JORDAN CARGO $3.550481 See Paragraph (f) above

PETROLEUM

110-26 PLATTS PREM UNL FOB MED CARGO $2.837101 See Paragraph (f) above

(MUM)

111-10 PLATTS PREM UNL FOB MED CARGO $2.837101 See Paragraph (f) above

(AVGAS)

NOTE: PLATTS’ product prices will escalate monthly based on the average of high and low assessments contained in the Platt’s publication of each month in which deliveries are made. Therefore, the effective price for the period of the 1st through the 30th /31st will be the average of the high and low assessments for the previous month’s assessments posted on the 1st of each month. Saturdays and Sundays shall be considered as Platt’s non-publication days. If assessments are not posted by Platt’s during the period that delivery was made due to a holiday or another occurrence, only the posted assessments for that period will be used in the calculation.

C-0002 C16.68 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY JUL 2012)

Supplies delivered under this contract/solicitation shall conform to all National environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The list of such requirements contained in this contract/solicitation is not intended to be a complete list and the Contractor shall be responsible for determining the existence of all such requirements. In the event that a National environmental requirement is more stringent than a specification contained in this contract/solicitation, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered to be a nonconforming supply.

(a) FUEL OIL, DIESEL. Product shall conform to specification: JS 195 or EN 590.

(b) GASOLINE, AUTOMOTIVE. Product shall conform to specification: JS 164 or EN 228.

C-0003 C16.15 GASOLINE, AVIATION (GRADES 80/100LL) (DLA ENERGY SEP 2011)

Aviation Gasoline shall conform to the latest revision of ASTM D910 or Defense Standard 91-90.