SP0600-13-R-0223_COMBINED_SYNOPSIS-SOLICITATION.pdf

COMBINED SYNOPSIS/SOLICITATION 1

COMBINED SYNOPSIS/SOLICITATION

ISSUED APRIL 10, 2013

Part: U.S. Government Procurements

Subpart: Supplies, Equipment, and Materials

Class Code: 91 – Fuels, Lubricants, Oils and Waxes

Address of Contracting Office: Defense Logistics Agency, 8725 John J. Kingman Road, Suite 4950, Ft.

Belvoir, Virginia 22060-6222, United States of America

Subject: Delivery of Diesel Fuel #2 (NSN 9140-00-286-5294) or commercial equivalent to King

Abdullah II Special Operations Training Center, Amman, Jordan

Solicitation Number: SP0600-13-R-0223

Reponses Due: May 10, 2013 at 3:00 PM local time (Ft. Belvoir, VA)

Points of Contact: Hamida Ahmadi, Hamida.ahmadi@dla.mil, 703-767-8485 or James

Clough, James.Clough@dla.mil, 703-767-1884.

Web Address: http://www.energy.dla.mil

Description of Requirement: This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented by additional information included in this notice. This announcement constitutes the only solicitation and additional information will not be provided. Proposals are requested under Request for Proposals (RFP)

SP0600-13-R-0223, for the following:

1. Diesel fuel #2 or commercial equivalent, NSN 9140-00-286-5294, delivered to King Abdullah II Special Operations Training Center, Amman, Jordan. Performance period is two base years from the date of award and one option year. Delivery is FOB Destination with an estimated monthly quantity of 15,500 U.S Gallons (USG). Total solicited quantity is 372,000 USG for the base period and 186,000 for the option period.

COMBINED SYNOPSIS/SOLICITATION 2

2. At this time U.S. Government storage is not available at the delivery site. Therefore, a minimum 8,000 USG Bulk Fuel Container (BFC) or similar with a pump and filter separator shall be provided by the awardee. The storage CLIN shall be priced on a per month basis.

Offerors are advised that the Government anticipates a single award from this solicitation. Offerors who provide pricing for both Diesel Fuel #2 and fuel storage will be evaluated first. The Government reserves the right to not make an award if the price of Diesel Fuel #2 and fuel storage is evaluated to be unreasonably high. If an award cannot be made after this evaluation, offers that provide pricing for only Diesel Fuel #2 will be evaluated. Multiple awards will not result from this solicitation.

Requirements may be added by future amendments to this solicitation.

The Government contemplates award of a Requirements Type, Fixed Price with Economic Price Adjustment for Diesel Fuel # 2 and Firm Fixed Price for storage CLIN resulting from this solicitation.

After award, the contract price for Diesel Fuel # 2 will escalate/de-escalate monthly in accordance with solicitation provision B-0001- B19.02.

Proposals must be received no later than 3:00 PM local time (Ft. Belvoir, VA) on May 10, 2013.

Offers may be submitted via email to the PCA Mailbox at dla-energy-pca@dla.mil. When submitting offers, please note the solicitation number SP0600-13-R-0223 in the subject line of the email. Please note that the offeror assumes all risk for any delay in the transmission of their proposals. Any offers received after the above deadline will not be considered. All offerors are encouraged to review FAR 52.212-1 INSTRUCTIONS TO OFFERORS and solicitation provision L-0001 L2.11-4 EMAIL PROPOSALS. All offerors are further encouraged to submit their proposals early.

SP0600-13-R-0223

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

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

(DLA ENERGY JAN 2012)

B-0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012)

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

C-0001 C1 SPECIFICATIONS (DLA ENERGY JAN 2012)

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

SECTION E – INSPECTION AND ACCEPTANCE

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

DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (JUN 2011)

DLAD 52.246-9029 INSPECTION AND ACCEPTANCE POINTS (APR 2010)

E-0002 E21.01 POINT OF INSPECTION (DLA ENERGY APR 2010)

E-0003 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY DEC 2011)

E-0004 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

E-0005 E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY DEC 2011)

SECTION F – DELIVERIES AND PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991)

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

WAGONS (DLA ENERGY JAN 2012)

F-0002 F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997)

F-0003 F1.09-8 DETERMINATION OF INVOICE QUANTITY (PC&S) (MIDDLE EAST) (DLA ENERGY SEP 2005) ... 20 F-0004 F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA ENERGY APR 2005)21

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

F-0006 F30.01 ORDERING AND PAYING OFFICERS (OVERSEAS PC&S) (DLA ENERGY APR 1998)

F-0007 F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005)

SECTION G - CONTRACT ADMINISTRATION DATA

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

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999)

G-0003 G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE (DLA

ENERGY JUL 2007)

G-0004 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER

SYSTEM (DLA ENERGY JAN 2012)

G-0005 G150.03-1 PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS (PORTS INTERNET

APPLICATION (DLA ENERGY JAN 2012)

G-0006 G150.07-2 SUBMISSION OF INVOICES FOR PAYMENT (OVERSEAS PC&S) (DLA ENERGY JAN 2012) . 29

SECTION I – CONTRACT CLAUSES

FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (DEC 2012)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DOMESTIC/OVERSEAS/IRAQ PC&S)

(PORTS INTERNET APPLICATION) (TAILORED) (DLA ENERGY) (FEB 2012)

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

ORDERS -- COMMERCIAL ITEMS. (JAN 2013)

FAR 52.216-18 ORDERING (OCT 1995)

FAR 52.216-21 REQUIREMENTS (OCT 1995)

FAR 52.229-6 TAXES -- FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

FAR 52.232-17 INTEREST (OCT 2010)

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

INFORMATION (MAY 1999)

DFARS252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS. (FEB 2013)

DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED

STATES (MAR 2006)

DFARS 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997)

DLAD 52.212-9000 CHANGES – MILITARY READINESS (NOV 2011)

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

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

ENERGY FEB 1996)

I-0003 I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB 2009) 50 I-0004 I190.06 MATERIAL SAFETY DATA SHEETS - COMMERCIAL ITEMS (DLA ENERGY APR 2006)

I-0005 I209.18 OPTION TO EXTEND THE TERM OF THE CONTRACT (DLA ENERGY JAN 2012)

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

I-0007 I385 NOTIFICATION OF CONTRACTING OFFICER IN THE EVENT OF DISCOVERY OFEVIDENCE OF

FRAUD UNDER THE CONTRACT (DLA ENERGY JUL 2008)

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS. (DEC 2012) DFARS 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY

(JAN 2009)

DFARS 252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2005)

Table of Contents

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE (JAN 2005)

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

K-0002 K86 FOREIGN TAXES (DLA ENERGY JAN 2012)

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERS OR QUOTERS

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (TAILORED) (DLA ENERGY)

(FEB 2012)

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)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

FAR 52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (MAY 1999)

DLAD 52.215-9023 REVERSE AUCTION (NOV 2012)

DLAD 52.233-9000 AGENCY PROTESTS (NOV 2011)

DLAD 52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV 2011)

L-0001 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

L-0002 L54 SITE VISIT (DLA ENERGY OCT 1992)

L-0003 L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE DELIVERY OF

PRODUCT (PC&S) (DLA ENERGY JAN 2012)

SECTION M – EVALUATION FACTORS FOR AWARD

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)

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

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

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 11 July 2015 Delivery Period: 11 July 2013 Through 11 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***

TRUCK (TRUCK), 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

109-ST INTERMEDIATE RESERVES FEE 372,000 USG $______________/MONTH

***PORTS ACTIVE***

TANK TRUCK (TT),

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, OR AN ISO CONTAINER WITH PUMP, FILTER SEPARATOR.

Option I

Ordering Period: 12 July 2015 Through 11 July 2016 Delivery Period: 12 July 2015 Through 11 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***

TRUCK (TRUCK), 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

109-ST INTERMEDIATE RESERVES FEE 186,000 USG $______________/MONTH

***PORTS ACTIVE***

TANK TRUCK (TT),

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

EXAMPLES WOULD BE A 8,000 GALLONS BULK FUEL

CONTAINER WITH PUMP, FILTER SEPARATOR OR

SIMILAR TO BE PROVIDED, A TRUCK THAT COULD

REMAIN ON SITE TO BE REFILLED OR EXCHANGED,

OR AN ISO CONTAINER WITH PUMP, FILTER SEPARATOR.

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 109-ST is a service CLIN and will be a firm fixed price item in the resultant contract.

9. Offerors must submit pricing in unit price/per USG format for DF2 CLIN 109-34: Example: ($0.000000/USG)

10. Offerors must submit pricing in unit price/per month format for storage CLIN 109-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

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)

[ ] (ii) The average of the prices published in _________ _________________ (Name of publication)

[ X ] (iii) The established price posted by JORDAN PETROLEUM REFINERY COMPANY LTD and (Name of company) published in ___________ JORDAN PETROLEUM ____________________________ (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 FUEL #2 JORDAN CARGO $3.550481 See Paragraph (f) above

PETROLEUM

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

C-0001 C1 SPECIFICATIONS (DLA ENERGY JAN 2012)

Product to be supplied shall fully meet the requirements of the applicable specification(s) as indicated in the Supply Schedule, except as modified elsewhere in this contract. Unless otherwise indicated by the Contractor, prior to award and in accordance with the EVALUATION OF OFFERS contract provision, the product offered will be assumed to fully meet the applicable specification(s).

C-0002 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.

SECTION E – INSPECTION AND ACCEPTANCE

FAR 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE 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 when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or

(2) terminate the contract for default.

Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)

(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time --

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract;

and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract.

Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor

(1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (JUN 2011)

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

(b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

DLAD 52.246-9029 INSPECTION AND ACCEPTANCE POINTS (APR 2010)

(a) Inspection and Acceptance are:

Inspection point: [X] Destination [ ] Origin [ ] Elsewhere Acceptance point: [X] Destination [ ] Origin

E-0002 E21.01 POINT OF INSPECTION (DLA ENERGY APR 2010)

(a) When Government inspection is deemed necessary, it shall be performed, prior to acceptance, by the office specified in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or the QUALITY REPRESENTATIVE clause of this contract, whichever is applicable.

(1) For f.o.b. origin contract items, inspection will be performed at origin.

(2) For f.o.b. destination contract items, inspection will be performed at destination.

(3) For f.o.b. destination contract items for bulk aviation fuels delivered via tank truck and tank wagon, a preliminary inspection for quality will be performed at origin.

(4) On contract items for delivery of drummed or packaged products, f.o.b. origin or f.o.b. destination, preliminary inspection for product quality will be performed at the point of manufacturing or blending. If the point of blending is different from the point of manufacturing of component stocks, inspection of component stocks may be performed at their point of manufacturing. Inspection for product quality, and for proper filling and packaging, may be performed at the point of filling. Final inspection will be at the f.o.b. point.

(b) When Government inspection is to be performed, the Contractor shall ensure that the responsible Inspection Office is provided with sufficient advance notification and information to facilitate such inspection. After initial notification, the Contractor shall keep the Inspection Office informed of any changes that may affect that inspection.

E-0003 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY DEC 2011)

The following lists shall be used to identify the Government inspection office assigned inspection responsibility for DLA Energy contracts in a particular geographic area. These contracts include, but are not limited to, those for bulk petroleum products and additives, into-plane refueling, petroleum storage and laboratory services, coal, aerospace energy (including compressed gases), and posts, camps, and stations. The area of inspection responsibility and corresponding office code are assigned in paragraphs (a) and (b). The address and phone number of each inspection office by office code is provided in paragraph (c). Unless a particular inspection office is identified in another part of the contract, the assignments in this contract provision shall apply.

(a) AREAS OF RESPONSIBILITY AND OFFICE CODES WITHIN THE CONTINENTAL UNITED STATES

(CONUS):

Alabama 110 Maine 110 Oklahoma 110 Arizona 120 Maryland 110 Oregon 120 Arkansas 110 Massachusetts 110 Pennsylvania 110 California 120 Michigan 110 Rhode Island 110 Colorado 120 Minnesota 110 South Carolina 110 Connecticut 110 Mississippi 110 South Dakota 110 Delaware 110 Missouri 110 Tennessee 110 District of Columbia 110 Montana 120 Texas 110 Florida 110 Nebraska 110 Utah 120 Georgia 110 Nevada 120 Vermont 110 Idaho 120 New Hampshire 110 Virginia 110 Illinois 110 New Jersey 110 Washington 120 Indiana 110 New Mexico 120 West Virginia 110 Iowa 110 New York 110 Wisconsin 110 Kansas 110 North Carolina 110 Wyoming 120 Kentucky 110 North Dakota 110 Louisiana 110 Ohio 110

EXCEPTIONS:

(1) The El Paso, Texas, area is assigned to Code 120 (DLA Energy Americas – West).

(2) The Newcastle, Wyoming, area is assigned to Code 110 (DLA Energy Americas – East).

(b) AREAS OF RESPONSIBILITY AND OFFICE CODES OUTSIDE THE CONTINENTAL UNITED STATES

(OCONUS) (INCLUDING ALASKA AND HAWAII):

Afghanistan 400 Cyprus 200 Malaysia 300 Singapore 300

Africa 2001 Egypt 4001 Maldives 300 South America 110 Alaska 300 Europe (Continental) 200 Malta 200 South Korea 300 Antarctica 300 Georgia 200 Mauritius 200 Sri Lanka 300 Armenia 200 Greenland 200 Mexico 110 Syria 400 Ascension Island 110 Hawaiian Islands 300 Midway Island 300 Taiwan 300 Australia 300 Hong Kong 300 Mongolia 300 Tajikistan 400 Azerbaijan 200 Iceland 200 Myanmar 300 Thailand 300 Azores 200 India 300 Nepal 300 Turkey 200 Bahrain 400 Indonesia 300 New Zealand 300 Turkmenistan 400 Bangladesh 300 Ireland 200 North Korea 300 United Arab Bermuda 110 Iran 400 Oman 400 Emirates 400 Bhutan 300 Iraq 400 Pacific Islands United Kingdom 200 Brunei 300 Israel 200 (Central & South) 300 Uzbekistan 400 Cambodia 300 Japan 300 Pakistan 400 Vietnam 300 Canada 110/1202 Jordan 400 Papua New Guinea 300 Wake Island 300 Canary Island 200 Kazakhstan 400 Philippines 300 Yemen 400 Caribbean Islands 110 Kuwait 400 Qatar 400 Central America 110 Kyrgyzstan 400 Russia 200 Chagos Archipelago 300 Laos 300 Ryukus Islands, Japan 300 China 300 Lebanon 400 Saudi Arabia 400 Comoros 200 Madagascar 200 Seychelles Is. 420

[1] Except for Egypt, which is assigned to DLA Energy Middle East (Code 400), all other countries in Africa fall under DLA Energy Europe (Code 200).

[2] The provinces of Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, Nova Scotia, and Prince Edward Island are assigned to DLA Energy Americas East (Code 110). The rest of Canada falls under DLA Energy Americas West (Code 120).

(c) INSPECTION OFFICES AND CODES.

110. DLA Energy Americas East 3

ATTN: Quality Manager Federal Building, Room 1005 2320 LaBranch Street Houston, TX 77004-1091 Phone: (713) 718-3883, ext. 162/161/160

FAX: (713) 718-3891

120. DLA Energy Americas West 3

ATTN: Quality Manager 3171 N Gaffey Street San Pedro, CA 90731-1099 Phone: (310) 241-2806/2807

FAX: (310) 241-2836

200. DLA Energy Europe 3

Mailing Address:

DLA Energy Petroleum Lab ATTN: Quality Manager

CMR 422

APO AE 09067-0422

[Location: Kaiserslautern, Germany]

Phone: 49-631-3406-2285/2286 4

FAX: 49-631-3406-2289 4

Shipping Address:

DLA Energy Petroleum Lab ATTN: Quality Manager Rhine Ordinance Barracks , Bldg 320 Am Opelkreisel 67663 Kaiserslautern, Germany

300. DLA Energy Pacific 3

ATTN: Quality Manager 1025 Quincy Avenue, Building 479, Suite 2000 Pearl Harbor, HI 96860-4512 Phone: (808) 473-4307/4287

FAX: (808) 473-4232

400. DLA Energy Middle East 3

ATTN: Quality Manager PSC 451, Box DLA Energy-ME

FPO AP 09834-2800

[Location: Juffair, Bahrain] Phone: 973-17-85-4658/4665 4

FAX: 973-17-85-4670 4

[3] Designated location of the DLA Energy Regional Quality Manager/Pre-Award Survey Monitor.

[4] Dial 011 before these numbers when calling from the U.S. When calling these numbers from outside the U.S., use the appropriate international long distance prefix for the country where the call originates.

E-0004 E35 NONCONFORMING 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 reinspection or retest, if necessary.

(5) If a deviation or waiver is granted modifying this contract, but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $1000, a second contract modification shall be issued reducing the Contractor's obligation to $1000 (the administrative cost of issuing the two required modifications), plus, if appropriate, any cost of Government reinspection or retest performed as a result of the deviation or waiver being granted.

(d) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES – FIXED-PRICE, INSPECTION OF SERVICES – FIXED PRICE, or CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS 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 reinspection or retest, if necessary.

The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.

(e) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency, resulting from the delivery of nonconforming supplies under a DLA Energy contract.

(f) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, but not limited to, rejecting the supplies or services whenever feasible and documenting the Contractor's performance records.

E-0005 E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY DEC 2011)

(a) SOURCE RESTRICTION.

(1) If the Contractor delivers any product that is determined to be off-specification, the Contracting Officer (CO) shall thereafter have the right, upon giving written notice, to require the Contractor to designate a single source of supply for each destination set forth in the contract. Upon receiving such notice, the Contractor shall have 10 days to respond, in writing, after which time the source restriction will become effective.

(2) In addition to the name of a single source of supply, the Contractor must provide the address of the terminal or loading point to be used in drawing the requirements for each item in the contract.

(3) The Contractor may change suppliers only after requesting and receiving the express written approval of the CO.

(b) SOURCE INSPECTION.

(1) If serious quality problems arise or if a quality problem recurs, for which the Contractor was supposed to have taken corrective action, the CO shall, in addition to source restriction, have the right to change the inspection point from destination to origin (source) by advising the Contractor in writing. Source inspection will become effective 10 days after written notice has been received by the Contractor.

(2) At the time the change becomes effective—

(i) All appropriate contract provisions relating to origin inspection shall be incorporated into the contract for the item(s) involved;

(ii) Source restriction, if not already in force, will be invoked for all items involved, in accordance with (a) above;

and

(…