Spain_SP0600-13-R-0251.pdf

INFORMATION TO OFFERORS

COVER SHEET

SOLICITATION: SP0600-13-R-0251 SPAIN CREDIT CARD PROGRAM 1.6S

THE ENCLOSED SOLICITATION COVERS THE PERIOD: 01 OCTOBER 2013

THROUGH: 30 SEPTEMBER 2018

ISSUING OFFICE:

DLA Energy

8725 John J. Kingman Road, Suite 3928 Fort Belvoir, VA 22060-6222

CONTRACT SPECIALISTS: Kenneth Hawes/DLA Energy-PIB

ITEMS TO BE PURCHASED:

Diesel Fuel; Premium Gasoline and Super Premium Unleaded Gasoline for Personally Owned

Vehicles of U.S. Military Personnel in Spain

POINT OF CONTACT FOR INFORMATION:

KENNETH HAWES

(703) 767-8473

KENNETH.HAWES@DLA.MIL

ADDRESS:

DLA Energy, ATTN: DLA Energy/PIB 8725 John J. Kingman Road, Suite 3928

ADDITIONAL INFORMATION:

SEE ATTACHED PAGES

SOLCITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

SP0600-12-0244

2. CONTRACT NUMBER

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SP0600-13-R-0251

6. SOLICITATION ISSUE DATE

24 October, 2012

7. FOR SOLICITATION

INFORMATION CALL:

703-767-8473

a. NAME

Kenneth Hawes

b. TELEPHONE NUMBER (no collect calls)

8. OFFER DUE DATE/LOCAL TIME

17 December, 2012

3:00 PM Local Time (Ft.

Belvoir, VA)

9. ISSUED BY CODE

SP0600 10. THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE % FOR

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

12.DISCOUNT

TERMS

NET 30 DAYS

DLA ENERGY-PIB/Kenneth Hawes

DEFENSE LOGISTICS AGENCY ENERGY

8725 John J. Kingman Road, Suite 3928

SMALL BUSINESS

SMALL DISADV BUSINESS

MARKED

SEE SCHEDULE

E-MAIL: DESCPIB@DLA.MIL

8(A) 13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

PHONE: (703)767-8473

FACSIMILE: (703) 767-8506

NAICS CODE: 324110 13b. RATING

SIZE STANDARD: 1500 14. METHOD OF SOLICITATION

Purchase Program: 1.8D RFQ IFB RFP

15. DELIVER TO CODE 16 . ADMINISTERED BY CODE

SEE SCHEDULE SEE BLOCK 9

17a. CONTRACTOR/OFFEROR

BIDDER CODE

FACILITY

CAGE CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. FAX NO:

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

OFFER

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

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE PROVISION B-0001(B1.05-2)

(Attached Additional Sheets As Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-3. FAR 52.212-4 AND 52.212-5. ADDENDA ARE ARE NOT ATTACHED. *SCHEDULE

OF SUPPLIES AND SOLICITATION CLAUSES ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29. AWARD OF CONTRACT: REFERENCE YOUR OFFER DATED

____________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS

ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (Signature of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) Georgia R. Dotson

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print) 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c . DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL

CONTAINERS

mailto:DESCPIB@DLA.MIL

SP0600-13-R-0251 Page 3

SPECIAL NOTES

A. CLOSING DATE: The closing date for receipt of offers for the below line items available for full and open competition under solicitation SP0600-13-R-0251 is 17 DECEMBER 2012 by 3:00 PM, Local Time (Ft.

Belvoir, VA).

B. LATE OFFERS: Please note that offers must be received by 17 DECEMBER 2012, 3:00 PM, Local Time (Ft. Belvoir, VA). Any offer received after 3:00 PM will be considered “Late” and may be determined unacceptable. See 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S)(TAILORED)(DLA ENERGY)(FEB 2012), subparagraph (f) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWALS OF OFFERS.

C. ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to B-0002(B19.02) ECONOMIC PRICE ADJUSTMENT (OVERSEAS)(DLA Energy JAN 2012). Offerors should use the preferred publication in the table below for escalation reference for their offer prices. THE BASE REFERENCE DATE for this solicitation is 06 AUGUST 2012. Contract prices will escalate monthly based upon the previous month’s average price as referenced in the prescribed escalation publication.

D. ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be 01 OCTOBER 2013 through 30 SEPTEMBER 2018. Quantities stated represent the government’s best estimates covering ordering period.

E. PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to paragraph (d) of 52.212-1 INSTRUCTIONS TO

OFFERORS – COMMERCIAL ITEMS (PC&S)(TAILORED)(DLA ENERGY)(FEB 2012), Offerors agree to honor prices indicated in their Offeror Submission Packages for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

F. NEGOTIATIONS: Any negotiations under this solicitation will be conducted primarily in writing (by facsimile or email) or by telephone.

G. OFFER SUBMISSION PACKAGE: Carefully review the solicitation, any subsequent amendments, and the

Offer Submission Package (OSP) identified by number SP0600-12-R-235. Please keep copies of completed solicitation amendments, and the OSP for your records.

H. FACSIMILE PROPOSALS: Offers may be submitted in accordance with Clause 52.215-5, FACSIMILE PROPOSALS or L-0001(L2.11-4) EMAIL PROPOSALS. Please complete and submit the Offer Submission

Package (OSP) in its entirety as your offer. Please submit all offer prices on the Price Data Sheet(s), which is included in the OSP. A completed OSP includes the Standard Form 1449 (SF 1449), Certifications and Representations (Fill-in clauses) and appropriate Price Data Sheet(s). All offers must be signed (Block 30 of

SF 1449).

I. ACKNOWLEDGEMENT OF SOLICITATION AMENDMENTS: Please check FedBizopps frequently for any solicitation amendments (updates) to SP0600-13-R-0251. To acknowledge amendments, complete Blocks 15A, 15B, and 15C of the Standard Forms (SF) 30 and return to DLA Energy by email at DESCPIB@dla.mil, prior to the solicitation closing date.

J. SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE: Offers submitted in response to this solicitation must be in the English language. See solicitation Clause 52.214-34, SUBMISSION OF OFFERS

IN THE ENGLISH LANGUAGE (APR 1991).

SP0600-13-R-0251 Page 4

K. SUBMISSION OF OFFERS IN U.S. CURRENCY: Offers submitted in response to this solicitation must be in U.S. Currency. See solicitation Clause 52.214-35, SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991).

L. INTERNATIONAL DUNS NUMBER: Include your company’s Data Universal Numbering System (DUNS)

Number on the cover sheet of your offer (See paragraph l of Clause 52.212-1, INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (PC&S) (TAILORED) (DLA ENERGY) (FEB 2012)). If you do not have a DUNS Number, your company must register online at http://www.dandb.com/eupdate and click on the “Register your business” button. Or you may call one of two toll free numbers 800-333-0505 or 888-814-1435 for assistance.

M. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your

CAGE CODE (5 digit alphanumeric code) in Block 17a of the Standard Form 1449, in the box labeled “CAGE CODE”. If your company currently has a Government contract and you do not know your CAGE CODE, please contact Mr. Kenneth Hawes at 703-767-8473 or (email to Kenneth.Hawes@dla.mil).

N. NO RESPONSE: If your company does not intend to submit an offer for this solicitation, please notify us in writing and email to DESCPIB@dla.mil or fax to DLA Energy at 703-767-8506.

O. CONTRACT TYPE: The SCHEDULE (list of items, each with its own narrative) is listed under B-0001

(B1.05-2) SUPPLIES TO BE FURNISHED. Type of contracts awarded as a result of this solicitation will be “Requirements, Indefinite Delivery- Fixed Price with Economic Price Adjustments” Refer to Clause 52.216- 21, REQUIREMENTS (OCT 1995) and B19.02, Economic Price Adjustment (Overseas).

P. EVALUATION: In accordance with FAR 52.212-2, The Government will award a contract to the Lowest Price offers in a manner that will result in the lowest overall cost to the Government for the solicited items as a whole, in accordance with the other evaluation clauses contained in this solicitation.

Q. NOTICE:

1. ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF AWARD WAS

SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF CONTRACT WITH GOVERNMENT

AGENCIES OR IN RECEIPT OF PROPOSED DEBARMENT FROM ANY GOVERNMENT AGENCY IS

VOIDABLE AT THE OPTION OF THE GOVERNMENT.

R. Please refer to clause I-0002 (I1.20-1) for all clauses and provisions listed as Incorporated by Reference (IBR).

All clauses and provisions listed as OSP can be located in the Offer Submission Package.

S. POINTS OF CONTACT: For any clarification, explanation or additional information about this solicitation, please contact:

Kenneth Hawes

Kenneth.Hawes@dla.mil mailto:DESCPIB@dla.mil mailto:Kenneth.Hawes@dla.mil

SP0600-13-R-0251 Page 5

TABLE OF CONTENTS

SECTION B: SUPPLIES OR SERVICES & PRICES OR COSTS 8

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/SPECIFICATION/STATEMENT OF WORK

C-0001 C1 SPECIFICATIONS (DLA ENERGY JAN 2012)

C-0002 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAR 2011)

C-0003 C16.18 GASOLINE, AUTOMOTIVE, LEADED OR UNLEADED

(REGULAR/MIDGRADE/PREMIUM) (DLA ENERGY JUL 1998) 12

C-0004 C16.25-3 FUEL OIL, DIESEL (DT2) (DLA ENERGY AUG 2010)

C-0005 C16.67 FUEL SPECIFICATIONS (PC&S) (EUROPE) (DLA ENERGY AUGUST 2011) ... 13

SECTION E: INSPECTION & ACCEPTANCE

52.246-2 INSPECTION OF SUPPLIES—FIXED-PRICE (AUG 1996) INCORPORATED BY

REFERENCE (IBR)

SECTION F: DELIVERIES OR PERFORMANCE

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

F-0001 F4 DELIVERY AND ORDERING PERIODS (DLA Energy JUN 2002)

F-0002 F30.01 ORDERING AND PAYING OFFICERS (OVERSEAS PC&S) (DLA ENERGY APR

1998)

SECTION G: CONTRACT ADMINISTRATION DATA

52.232-17 INTEREST 17

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH

OFFER 18

252.232-7001 DISPOSITION OF PAYMENTS 18

252.232-7010 LEVIES ON CONTRACT PAYMENTS 18

G-0001 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY

DEC 1999) (SEE OFFEROR SUBMISSION PACKAGE (OSP))

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

EXCHANGE (DLA ENERGY JUL 2007) (SEE OSP)

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

WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012) (SEE OSP)

G-0004 G150.03-1 PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS

(PORTS) INTERNET APPLICATION (DLA ENERGY JAN 2012)

G-0005 G150.07-2 SUBMISSION OF INVOICES FOR PAYMENT (OVERSEAS PC&S) (DLA

ENERGY JAN 2012)

SECTION I: CONTRACT CLAUSES

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION 27

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TOINFLUENCE

CERTAIN FEDERAL TRANSACTIONS 28

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS 28

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

(DOMESTIC/OVERSEAS/IRAQ PC&S) (PORTS INTERNET APPLICATION)

(TAILORED) (DLA ENERGY) (FEB 2012)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAY 2012)

52.216-18 ORDERING (OCT 1995)

52.216-21 REQUIREMENTS (OCT 1995)

52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACT 42

SP0600-13-R-0251 Page 6

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

52.242-13 BANKRUPTCY 45

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF

COMMERCIAL ITEMS (APR 2012)

252.225-7004 REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND

CANADA - SUBMISSION AFTER AWARD

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

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

I-0002 I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DLA

ENERGY JAN 2012)

I-0003 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL

ITEMS (DLA Energy FEB 1996)

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

SECTION K: REPRESENTATION, CERTIFICATION, & OTHER STATEMENTS

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

(APR 2012) (SEE OSP)

252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A

TERRORIST COUNTRY (JAN 2009)

252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

(JUN 2005) (SEE OSP)

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL 54

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

K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) (SEE OSP)

K-0003 K86 FOREIGN TAXES (DLA ENERGY JAN 2012) (SEE OSP)

K-0004 K150 WIDE AREA WORKFLOW (DLA Energy AUG 2011)

SECTION L: INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS OR QUOTES ... 55

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008) IBR

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (PC&S) (TAILORED) (DLA

ENERGY FEB 2012) (SEE OSP)

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

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

52.215-1/1 INSTRUCTIONS TO OFFERORS COMPETITIVE ACQUISITION (ALT i) 55

52.215-5 FACSIMILE PROPOSALS (OCT 1997) IBR

52.216-1 TYPE OF CONTRACT (APR 1984)

52.233-9000 AGENCY PROTESTS (NOV 2011)

52.233-9001 DISPUTES AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

(ADR) (NOV 2011)

SECTION M: EVALUATION FACTORS FOR AWARD

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

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

1997)

SP0600-13-R-0251 Page 7

SECTION B: SUPPLIES OR SERVICES & PRICES OR 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 __5___-year requirements.

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY

301 NAVY EXCHANGE ROTA

OS, NAVY, PSC 819, BOX 17, FPO AE 09645-0010

Property Administrator Ted Prendergast, Autoport Manager, located in Building 178

SPAIN

DELIVERY DODAAC: N65959

BILLING DODAAC : TMSP03

ORDERING OFFICE: 011 34 956 82 1590

301 -DE1 DIESEL FUEL, 10 PPM SULF (SFD) 300,000 GL

EUOPEAN STANDARD (EN-590-2004)

NSN: 9140-01-496-0135

CREDIT CARD (CCARD),

301 -EG1 GASOLINE, PREM (ULG) 1,200,000 GL

EUROPEAN STANDARD (EN 228-2004)

NSN: 9130-01-527-5763

301 -SP1 SUPER PREMIUM UNLEADED GAS 450,000 GL

EUROPEAN STANDARD (EN 228-2004)

NSN: 9130-01-527-5763

SP0600-13-R-0251 Page 8

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: SEE BELOW IN PARAGRAPH (k) TABLE

FOR EXACT REFERENCE.

(name of publication)

[ ] (iii) The established price posted by ______________________________________________________ and (name of company) published in _________________________________________________________ (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.

http://www.platts.com/

SP0600-13-R-0251 Page 9

(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 575 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, http://www.desc.dla.mil/

SP0600-13-R-0251 Page 10 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.

ITEM

NUMBER

(PRODUCT

ID)

PRODUCT

CODE

TYPE OF FUEL PLATTS REFERENCE

USED

BRP

08/06/2012

$ / Gal

DE SFD Diesel Fuel PLATTS MONTHLY ULSD

10PPM FOB MED

#AAWYY00

$3.137056

EG ULG Gasoline, Premium

PLATTS MONTHLY FOB

MED PREM UNL 10PPM

#AAWZA00

$3.057714

SP Gasoline, Super Premium Unleaded

PLATTS MONTHLY FOB

MED PREM UNL 10PPM

#AAWZA00

$3.057714

* Prices will adjust monthly based on previous month’s average with the above referenced publication. All posted prices are in US dollars per metric ton and will be converted to US dollars per gallon by dividing by the following factors:

ULSD – 315.30

Premium Gasoline – 355.42 Super Premium Unleaded Gasoline – 355.42

SP0600-13-R-0251 Page 11

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

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

Unless otherwise specified, current versions of defense or federal specifications and standards, military handbooks, commercial item descriptions, qualified product lists, and other related technical documents cited in this solicitation/contract can be accessed from the Department of Defense (DoD) Acquisition Streamlining and Standardization Information System (ASSIST) database at https://assist.daps.dla.mil/ or http://dodssp.daps.dla.mil/ under ASSIST-Quick Search. ASSIST is the official source for all Defense Standardization Program documents and contains the most current information on documents prepared by DoD, as well as information on how to acquire referenced non-Government standards that have been adopted for DoD use. Those who register for an ASSIST account may establish profiles to receive automatic E-mail alerts when changes are planned or made to documents of interest by selecting criteria on the [Alert Portal Profile Maintenance] screens accessed from the [User Profile] menu.

Users may also view or download a bi-monthly summary of changes to the ASSIST database from the DoD Single Stock Point website (http://dodssp.daps.dla.mil/) under the [ASSIST Update] menu.

C-0003 C16.18 GASOLINE, AUTOMOTIVE, LEADED OR UNLEADED

(REGULAR/MIDGRADE/PREMIUM) (DLA ENERGY JUL 1998)

Specification ASTM D 4814 applies with the following minimum AKI:

PRODUCT MINIMUM AKI 1

Premium Leaded 93 Premium Unleaded 91 Midgrade Unleaded 89 Regular Leaded 89 Regular Unleaded 87 2

NOTES:

1/ Reductions for altitude and seasonal variations are allowed in accordance with ASTM D 4814.

2/ In addition, motor octane number must not be less than 82.

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

SP0600-13-R-0251 Page 12

C-0004 C16.25-3 FUEL OIL, DIESEL (DT2) (DLA ENERGY AUG 2010)

Diesel fuel oil DT2 shall conform to the following specifications:

PROPERTY LIMITS TEST METHOD

Appearance 1/ ASTM D 4176

Polycyclic aromatic hydrocarbons, wt% 11 max. EN 12916

Density @15oC, kg/l 0.820 - 0.845 ASTM D 1298 or

ISO 12185

Flash point, oC 55 min. ASTM D 93

Cetane index, Calculated 46 min. ASTM D 976

Cold filter plugging point (CFPP) oC2/ 5 max. IP 309

- Summer

Cold filter plugging point (CFPP) oC2/ -15 max. IP 309

- Winter

Viscosity, cst @40oC 2.0 – 4.5 ASTM D 445

Water, mg/kg 200 max. ASTM D 6304 or

ASTM D 95

Particulate Matter, mg/kg 24 max. IP 415 or

ASTM D 5452

Sulfur, mg/kg 10 max ASTM D 4294, IP 336 or IP 242

Copper strip corrosion, 3 hrs @ 50oC, rating No. 1 max. ASTM D 130

Ash, wt.% 0.01 max. ASTM D 482

Carbon residue (on 10% residue), wt.% 0.30 max. ASTM D 524 or

ASTM D 4530

Distillation, % vol. recovered ASTM D 86 Recovered @ 250oC 65 max.

Recovered @ 350oC 85 min.

Recovered @ 360oC 95 min.

Oxidation Stability, g/m3 25 max ISO 12205

Lubricity, corrected (wsd) µm @ 60 degrees Celsius 460 max ISO 12156-1

NOTE

SP0600-13-R-0251 Page 13

1/ Finished product shall be visually free from undissolved water, sediment, and suspended matter. Product must also be clear and bright using ASTM D 4176 at ambient temperature or 70 degrees Fahrenheit, whichever is higher.

2/ Summer: 1 April through 30 September (plus/minus 15 days); Winter: 1 October through 31 March (plus/minus 15 days).

C-0005 C16.67 FUEL SPECIFICATIONS (PC&S) (EUROPE) (DLA ENERGY AUGUST 2011)

Supplies delivered under this contract 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 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, 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. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as cited below.

(a) GASOLINE, AUTOMOTIVE, UNLEADED, PREMIUM GRADE. Product shall conform to EN 228:2008. Product classification is shown below.

DLA ENERGY

PRODUCT

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE CODE

9130-01-527-5763 Gasoline, Premium, Unleaded ULG 9130-01-570-5326 Gasoline, Super Premium, Unleaded SPG

(b) FUEL OIL, DIESEL, TEMPERATE GRADES. Product shall conform to EN 590:2009 +Al:2010. Product classifications are shown below.

DLA ENERGY

PRODUCT SULFUR,

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE CODE MAXIMUM

(ppm)

9140-01-556-9156 Diesel Fuel SFD 10 9140-01-570-7022 Diesel Fuel, Low Temperature SF1 10

(c) LOW TEMPERATURE OPERABILITY. The Cold Filter Plugging Point (CFFP) of SF1 shall be -20 degrees Celsius maximum.

SP0600-13-R-0251 Page 14

SECTION E: INSPECTION & ACCEPTANCE

52.246-2 INSPECTION OF SUPPLIES—FIXED-PRICE (AUG 1996) INCORPORATED BY

REFERENCE (IBR)

(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.

SP0600-13-R-0251 Page 15

SECTION F: DELIVERIES OR PERFORMANCE

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

F-0006 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: 01 October 2013 and ends: 30 September 2018.

(2) Delivery period begins: 01 October 2013 and ends: 30 September 2018.

(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).

F-0007 F30.01 ORDERING AND PAYING OFFICERS (OVERSEAS PC&S) (DLA ENERGY APR

1998)

(a) Ordering and Paying Officers under the contract are as indicated below:

ITEM NO. ORDERING OFFICER PAYING OFFICER

ALL ITEMS INFORMATION WILL BE DFAS-COLUMBUS

PROVIDED IN ANY RESULTANT CNTR STOCK FUND DIR.

CONTRACT ATTN: DFAS/BVDFP/CC

P.O. BOX 182317

COLUMBUS, OH 43218-62521

(b) The Commanding Officer or his designated representative of the cognizant requiring activity is authorized to make any necessary changes to this listing, or make additional assignments for requirements not covered by the foregoing. Such changes or assignments shall be made by written notification to the Contractor, with a copy to the Contracting Officer.

(c) If Ordering and Paying Officers cannot be ascertained under (a) or (b) above, the following activities, as applicable, should be contacted:

SP0600-13-R-0251 Page 16

SECTION G: CONTRACT ADMINISTRATION DATA

52.232-17 -- Interest.

As prescribed in 32.611(a) and (b), insert the following clause:

Interest (Oct 2010)

(a) Except as otherwise provided in this contract under a Price Reduction for Defective Certified Cost or Pricing Data clause or a Cost Accounting Standards clause, all amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in paragraph (e) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(b) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(c) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(1) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

(2) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(3) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(d) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(e) Amounts shall be due at the earliest of the following dates:

(1) The date fixed under this contract.

(2) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(f) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(1) The date on which the designated office receives payment from the Contractor;

(2) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/32.htm#P1061_164925

SP0600-13-R-0251 Page 17

(3) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(g) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

52.232-38 -- Submission of Electronic Funds Transfer Information with Offer.

As prescribed in 32.1110(g), insert the following provision:

Submission of Electronic Funds Transfer Information With Offer (May 1999)

The offeror shall provide, with its offer, the following information that is required to make payment by electronic funds transfer (EFT) under any contract that results from this solicitation. This submission satisfies the requirement to provide EFT information under paragraphs (b)(1) and (j) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration.

(1) The solicitation number (or other procurement identification number).

(2) The offeror's name and remittance address, as stated in the offer.

(3) The signature (manual or electronic, as appropriate), title, and telephone number of the offeror's official authorized to provide this information.

(4) The name, address, and 9-digit Routing Transit Number of the offeror's financial agent.

(5) The offeror's account number and the type of account (checking, savings, or lockbox).

(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the offeror's financial agent.

(7) If applicable, the offeror shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the offeror's financial agent is not directly on-line to the Fedwire and, therefore, not the receiver of the wire transfer payment.

252.232-7001 Disposition of Payments.

As prescribed in 232.412-70(b), use the following clause:

DISPOSITION OF PAYMENTS (DEC 1991)

Payment will be by a dual payee Treasury check made payable to the contractor or the (insert the name of the disbursing office in the advance payment pool agreement), and will be forwarded to that disbursing office for appropriate disposition.

252.232-7010 Levies on Contract Payments.

As prescribed in 232.7102, use the following clause:

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/32.htm#P1553_241466 http://www.acq.osd.mil/dpap/dars/dfars/html/current/232_4.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/232_71.htm

SP0600-13-R-0251 Page 18

LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt.

(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide—

(1) The total dollar amount of the levy;

(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and

(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation.

(c) DoD shall promptly review the Contractor’s assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including–

(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and

(2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or

(ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.

(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.

G-0001 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY

DEC 1999) (SEE OFFEROR SUBMISSION PACKAGE (OSP))

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

EXCHANGE (DLA ENERGY JUL 2007) (SEE OSP)

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

WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012) (SEE OSP)

SP0600-13-R-0251 Page 19

G-0004 G150.03-1 PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS

(PORTS) INTERNET APPLICATION (DLA ENERGY JAN 2012)

APPLICABLE TO DoD ACTIVITES ONLY.

(a) CONTRACTOR PASSWORD. The Contractor shall use the Paperless Ordering and Receipt Transaction Screens (PORTS) Internal application to access electronically signed written orders (SF1449), as described in (b) below and for transmitting receipt documents to the Activity and invoices to the payment office, as identified in (d) below. PORTS will provide email notifications of orders. To gain access to PORTS and to receive email notifications, the Contractor will furnish a list of individuals to the DLA Energy Contracting Officer providing name(s), email address(es), phone and facsimile number(s). The Contractor personnel will also register in the Account Management and Provision System (AMPS) and request PORTS roles(s). In addition, the Contractor personnel will be required to recertify annually in AMPS to retain PORTS access or receipt of email notifications.

(b) PREPARATION AND TRANSMISSION OF ORDERS AND CALLS AGAINST ORDERS.

(1) The Government may issue an order for a specific delivery or a series of deliveries (e.g., several deliveries during a week). The Government may also elect to issue an order covering a longer period (including monthly orders) and make periodic calls against these orders designating specific delivery dates, times, and quantities.

(2) Orders, and calls against orders, may be issued orally or in writing. An oral delivery order for fuel shall be considered issued by the Government when it is verbally assigned a delivery order number. For all orders, the appropriate ordering office/officer will provide the Contractor, via the PORTS Internet application, with an electronically signed written order, SF 1449, within 24 hours or one business day after issuing the oral order.

(Once the Ordering Officer has completed the web page order, an email will be sent to the Contractor to provide notice that the order is available on the contract-specific web page. The order will also be submitted to the payment office.) An oral order shall provide the required advance notice to the Contractor and the following information:

Order number; contract number; item number; quantity; delivery location; any applicable taxes, which should be billed as a separate item on the invoice; and the required delivery date. Regardless of the unit price cited on the written order, the office designated to make payments on the written order will pay the applicable unit price in effect under the ECONOMIC PRICE ADJUSTMENT (PC&S) provision.

(3) Calls against previously issued orders must be confirmed in writing within 24 hours or one business day via email message. The email confirmation will reference the previously issued order number and item number and designate specific delivery location, dates, and quantity to be delivered against that order.

(4) The Contractor’s nonreceipt of a written or electronic confirmation of an oral order or oral call against a written or electronic order does not itself relieve the Contractor from its obligation to perform in accordance with the oral order or oral call against a written or electronic order. The Contractor should contact the DLA Energy Contracting Officer if problems are experienced with receipt of the electronic or written confirmation.

(c) COMMERCIAL RECEIPTS.

(1) The Contractor shall provide a commercial receipt (bill of lading, metered ticket, or delivery ticket) upon completing delivery. The Government representative may date and sign the commercial receipt and will be provided with a legible copy. The following information shall be stated on the commercial receipt:

(i) Item number;

(ii) Order number;

(iii) Type of fuel delivered;

(iv) Date of the delivery into the Government’s tank(s);

(v) Delivered quantity and, if volume correction is required in accordance with the DETERMINATION OF QUANTITY (PC&S) provision, the fuel temperature and API gravity. If temperature compensating meters are used, only the API gravity and delivered quantity are recorded;

(vi) Tank identifier determined by the base; and

(vii) Any other required information specified in the narrative of the Schedule for the item.

(2) The Contractor will maintain all signed receipts as evidence of delivery and will provide them to the Government upon request, as dictated by the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (PC&S) (PORTS INTERNET APPLICATION) provision. The records will be annotated with “NONTAXABLE USE ONLY. PENALTY FOR TAXABLE USE” where applicable.

SP0600-13-R-0251 Page 20

(d) PREPARATION AND TRANSMISSION OF THE MATERIAL INSPECTION AND RECEIVING REPORT (DD FORM 250)/INVOICE. 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 of the Defense FAR Supplement, Material Inspection and Receiving Report, except as noted in this provision. The Contractor, or its designee, shall key the following information from the commercial receipt(s) into the contract-specific web pages for generation of the continuation page and the first page of the DD Form 250 document upon accessing the web screens per the instructions to be provided on the DLA Energy homepage.

(1) On the first page of the web screen for creating a new DD Form 250, the Contractor will select the appropriate line item and order/amendment number from a pull-down list (which already depicts the associated contract number, requisition number, and mode of delivery). The Contractor must insert the shipment date reflecting the date fuel was actually delivered. On the next screen, the Contractor will enter a unique invoice number, confirm the escalated unit price (which may also be corrected if applicable) and any discount terms offered other than net 30 days, and select the appropriate method of quantity determination (either loading rack method or nonloading rack method). The loading rack method is selected if the quantity delivered is determined based on loading rack meter tickets from the terminal; the nonloading rack method is selected if quantity determination is based on any other method as specified in the DETERMINATION OF QUANTITY (PC&S) provision.

(2) On the next screen, the Contractor will enter sequentially the following information from each commercial ticket, which will be depicted in three columns on the DD Form 250 continuation page:

(i) The commercial ticket number;

(ii) The quantity indicated on the commercial receipt, (system will round…