OSP-SP060014R0201.pdf

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (10-95)

Prescribed by GSAFAR (48 CPR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

SP0600-14-1088

2. CONTRACT NO.

3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SP0600-14-R-0201

6. SOLICITATION ISSUE

DATE : 9 December 2013

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME: Jastar Singh

EMAIL: DLAE-PCB@dla.mil

b. TELEPHONE NUMBER (no collect calls)

(703) 767-9509

8. OFFER DUE DATE/

20 December 2013 3:00 P.M. Ft. Belvoir

9. ISSUED BY CODE SP0600 10. THIS ACQUISITION IS 11. DELIVERY FOR

FOB

12. DISCOUNT TERMS

DLA-Energy 8725 John J. Kingman Rd., Suite 4950 Fort Belvoir, VA 22060-6222

UNRESTRICTED

SET ASIDE % FOR

DESTINATION

UNLESS BLOCK IS

MARKED

SEE SCHEDULE

Buyer/Symbol: Jastar Singh/DLA Energy SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

Phone: (703)767-9509 13b. RATING

Email: DLAE-PCB@dla.mil

NAICS: 324110

14. METHOD OF SOLICITATION Full and Open

P.P: 1.99U AFGHANISTAN

SIZE STANDARD:

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE SP0600

See Clause B-0001 B1.05

Same as Block 9

17a. CONTRACTOR /

OFFEROR CODE

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE 19R2AA

DUNS:

TELEPHONE NO

FAX NO.

JUAN J. FERNANDEZ

US EMBASSY, FMO

KABUL, AFGHANISTAN

FERNANDEJJ@STATE.GOV

AFGHANISTAN, APO AE 09806

93(0)700 107 846

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 CLAUSE B-0001 B1.05

Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

ESTIMATED: $

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

29. AWARD OF CONTRACT: REF. ____________OFFER DATED ___________

YOUR OFFER ON SOLICITATION _____________, 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)

JONATHAN MOORE

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED

32b. SIGNATURE OF AUTHORIZED GOVT.

REPRESENTATIVE

32c. DATE

SIGNED

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING

41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS mailto:FERNANDEJJ@state.gov

OFFEROR SUBMISSION PACKAGE

SOLICITATION: SP0600-14-R-0201, Diesel Fuel and Unleaded, Automotive Gasoline for the United States Embassy located in Kabul, and the Consulates in Herat Afghanistan.

THE ENCLOSED SOLICITATION COVERS THE ORDERING PERIOD: Date of Award

THROUGH: 24 months later.

INSTRUCTIONS:

1. Return a copy of the completed Offeror Submission Package (OSP) to: DLAE-PCB@dla.mil.

All documents to be completed and returned are attachments to this OSP.

Package due back no later than 20 December 2013 at 3:00P.M. United States, Local Ft. Belvoir Time.

X Standard Form 1449 - Complete blocks 12, 17(a), 17(b), 30(a), 30(b), and 30(c)

X Provision B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII)

(DLA ENERGY JAN 2012) – Provide unit price(s) where indicated.

X Certifications and Representations (Fill-in Clauses)

X Past Performance Questionnaire (Attachment 1)

X Past Performance Data Sheet (Attachment 2)

X Technical Capability Performance Data Sheet (Attachment 3)

X Subcontractor, Owner, and Employee Data Sheet (Attachment 4)

X Letter of Commitment Instructions (Attachment 5)

X Fuel Source Data Sheet (Attachment 6)

2. All documentation shall be sent to the PCB Group Mailbox: DLAE-PCB@dla.mil

a. Due to extraordinary volume of interest, offerors are encouraged to attach “Read Receipts Request” on their emails as a way to confirm delivery of their offer.

b. PLEASE NOTE: Offerors should reference FAR Clause 52.212-1(f) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWAL OF OFFERS.

3. Offerors are to submit all documents they feel are necessary to submit a full and complete offer. Offers shall include OSP certifications and representations, pricing, past performance, technical capability, supplements, and any attachments.

a. Supporting documentation must include, but is not limited to the following:

Proof of necessary business licenses All business agreements that support joint ventures with the Prime Offeror All necessary firm commitment letters (may be contingent upon award) that support transportation functions, supply functions, and operational functions

FPH1448

Typewritten Text

FPH1448

Typewritten Text

FPH1448

Typewritten Text

FPH1448

Typewritten Text

FPH1448

Text Box OSP Page 2 of 43

OSP: SP0600-14-R-0201

OSP Page 3 of 43

4. Offerors must be sure all OSP fill-in spaces are completed as required.

5. Offerors ARE NOT permitted to augment or remove any terms and conditions found in the body of the solicitation or the Offeror Submission Package (OSP)

a. Offeror Exceptions: If offerors would like to take exception to any term or condition, they may do so by submitting a separate document listing the exceptions they wish to take.

6. Be sure to proofread all offered prices submitted. They must be in dollars per U.S. gallon (e.g. $0.000000), NOT price differentials. Offer one price per line item, which will escalate/de-escalate with the named index.

7. All offerors are reminded that every solicitation stands on its own. Every offeror will be evaluated solely on the criteria named in this solicitation M-0003 M72.03-3 .100 EVALUATION FACTORS FOR BEST OVERALL VALUE (PC&S) (AFGHANISTAN/IRAQ) (DLA ENERGY NOV 2013). All offerors must submit Past Performance, Technical and Pricing information for evaluation.

8. Be sure to check your offer for accuracy and legibility prior to submission. Initial all changes and sign and date the Standard Form (SF) 1449 in ink.

9. By submission of this package, you are stating that all the terms and conditions of the entire solicitation are accepted and apply to your offer unless clearly stated herein.

CONTINUATION TO BLOCKS 15 AND 19-24 OF THE SF 1449:

OSP Page 4 of 43

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (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 and must be confirmed in writing by a Standard Form 1449 or DD Form 1155 within 24 hours.

(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 a 2 -year requirement.

BASE YEARS:

SUPPLIES, DELIVERY POINTS, REQUIREMENT

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY PRICE

100 US EMBASSY, KABUL, AFGHANISTAN

KABUL AF, DS, DEPARTMENT OF STATE

DELIVERY FEDAAC: 19R2AA

BILLING FEDAAC: 19R2AA

ORDERING OFFICE: 01193706644525

ORDERING FEDAAC: 19R2AA

PAYMENT OFFICE: JUAN J. FERNANDEZ

AMERICAN EMBASSY, FMO, KABUL,

AFGHANISTAN DPO, AE 09806

FERNANDEJJ@state.gov

100-KD DIESEL FUEL (SPEC GOST 305-82) NSN: 9140- 01-492-7612 5,632,446 USG $________

OR COMMERCIAL EQUIVALENT

FOB TANK TRUCK (FOBTT), US EMBASSY

FUEL TRUCK WILL PICK-UP FUEL FROM

CONTRACTOR’S FACILITY DURING REGULAR WORDAYS

AND HOURS (SUNDAY – THURSDAY, 0800-1630).

TRUCK SIZES: 3,000 USG GRAVITY DRAIN, 5,500 USG GRAVITY DRAIN,

9,000 USG GRAVITY DRAIN. THE CONTRACTOR MUST BE ABLE TO MAKE

EMERGENCY ISSUES AT ANY TIME. LOADING RACK TICKET REQUIRED FOR EACH LOAD.

THIS FUEL IS NOT CAPITALIZED

NOTE: Contractor facility loading point must be within Kabul City Limits

100-KD1 DIESEL FUEL (SPEC GOST 305-82) NSN: 9140-01-492-7612 1,600,000 USG $________

TANK TRUCK (TT) INTO 1/6,000 GALLON TANK. THE CONTRACTOR

TO DELIVER FUEL TO EMBASSY FUEL STATION DURING REGULAR

WORKDAYS AND HOURS (SUNDAY-THURSDAY), 0800-1630).

THE CONTRACTOR MUST BE ABLE TO MAKE EMERGENCY DELIVERIES AT ANY TIME.

EXTERNAL CONNECTION IS A 2” FEMALE CAM AND GROOVE.

MULTIPLE METER DELIVERY TICKET REQUIRED.

100-PG UNLEADED, AUTOMOTIVE GASOLINE NSN: 9130-01-526-4844 104,000 USG $________

TANK WAGON (TW) INTO 1/6,000 GALLON TANK.

CONTRACTOR TO DELIVER FUEL TO EMBASSY FUEL STATION

DURING REGULAR WORKDAYS AND HOURS (SUNDAY-THURSDAY),

0800-1630). HOWEVER CONTRACTOR MUST BE ABLE TO MAKE

EMERGENCY DELIVERIES AT ANY TIME.

EXTERNAL CONNECTION IS A 2” FEMALE CAM AND GROOVE.

MULTIPLE METER DELIVERY TICKET REQUIRED.

OSP Page 5 of 43

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY PRICE

101 U.S. CONSULATE, HERAT BAGHE-E-MALAT ROAD OS, DS AFGHANISTAN

DELIVERY FEDAAC: 19R2AA

ORDERING FEDAAC: 19R2AA

ORDERING OFFICE: 0793-370-942

PAYING OFFICE: FINANCIAL MANAGEMENT OFFICE,

U.S. EMBASSY KABUL, AFGHANISTAN

SCHUCHJ@STATE.GOV

JOHN SCHUCH, GSO, U.S. CONSULATE, HEART

101-KD DIESEL FUEL (SPEC GOST 305-82) 2,028,000 USG $_________

TANK TRUCK (TT), W/PUMP & METER

INTO TWO ABOVE THE GROUND TANKS WITH REMOTE FILL

POINTS, ONE SERVES THE GENERATOR THE OTHER THE BOILER.

REFILL METHOD IS GRAVITY FEED WITH A CAM LOCK CONNECTION.

TRUCKS NEEDS TO PROVIDE A STANDARD EUROPEAN-STYLE LOCKING

MECHANISM TO CONNECT WITH REMEOTE FILL POINTS.

METERED DELIVERY TICKET REQUIRED

DELIVERY HOURS: 0830-1630 SUNDAY THRU THURSDAY

THE CONTRACTOR MUST BE ABLE TO MAKE EMERGENCY DELIVERIES AT ANY TIME.

OPTION - I

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY PRICE

100 US EMBASSY, KABUL, AFGHANISTAN

KABUL AF, DS, DEPARTMENT OF STATE

DELIVERY FEDAAC: 19R2AA

BILLING FEDAAC: 19R2AA

ORDERING OFFICE: 01193706644525

ORDERING FEDAAC: 19R2AA

PAYMENT OFFICE: JUAN J. FERNANDEZ

AMERICAN EMBASSY, FMO, KABUL,

AFGHANISTAN DPO, AE 09806

FERNANDEJJ@state.gov

100-KD DIESEL FUEL (SPEC GOST 305-82) NSN: 9140- 01-492-7612 3,766,026 USG $________

FOB TANK TRUCK (FOBTT), US EMBASSY

FUEL TRUCK WILL PICK-UP FUEL FROM

CONTRACTOR’S FACILITY DURING REGULAR WORDAYS

AND HOURS (SUNDAY – THURSDAY, 0800-1630).

TRUCK SIZES: 3,000 USG GRAVITY DRAIN, 5,500 USG GRAVITY DRAIN,

9,000 USG GRAVITY DRAIN. THE CONTRACTOR MUST BE ABLE TO MAKE

EMERGENCY ISSUES AT ANY TIME. LOADING RACK TICKET REQUIRED FOR EACH LOAD.

NOTE: Contractor facility loading point must be within Kabul City Limits

100-KD1 DIESEL FUEL (SPEC GOST 305-82) NSN: 9140-01-492-7612 800,000 USG $________

TANK TRUCK (TT) INTO 1/6,000 GALLON TANK. THE CONTRACTOR

TO DELIVER FUEL TO EMBASSY FUEL STATION DURING REGULAR

WORKDAYS AND HOURS (SUNDAY-THURSDAY), 0800-1630).

THE CONTRACTOR MUST BE ABLE TO MAKE EMERGENCY DELIVERIES AT ANY TIME.

EXTERNAL CONNECTION IS A 2” FEMALE CAM AND GROOVE.

OSP Page 6 of 43

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY PRICE

100-PG UNLEADED, AUTOMOTIVE GASOLINE NSN: 9130-01-526-4844 52,000 USG $________

TANK WAGON (TW) INTO 1/6,000 GALLON TANK.

CONTRACTOR TO DELIVER FUEL TO EMBASSY FUEL STATION

DURING REGULAR WORKDAYS AND HOURS (SUNDAY-THURSDAY),

0800-1630). HOWEVER CONTRACTOR MUST BE ABLE TO MAKE

EMERGENCY DELIVERIES AT ANY TIME.

EXTERNAL CONNECTION IS A 2” FEMALE CAM AND GROOVE.

101 U.S. CONSULATE, HERAT BAGHE-E-MALAT ROAD OS, DS AFGHANISTAN

DELIVERY FEDAAC: 19R2AA

ORDERING FEDAAC: 19R2AA

ORDERING OFFICE: 0793-370-942

PAYING OFFICE: FINANCIAL MANAGEMENT OFFICE,

U.S. EMBASSY KABUL, AFGHANISTAN

ERIC FLAXMAN, U.S. CONSULATE, HERAT

flaxmaneg@state.gov

101-KD DIESEL FUEL (SPEC GOST 305-82) 1,014,000 USG $_________

TANK TRUCK (TT), W/PUMP & METER

INTO TWO ABOVE THE GROUND TANKS WITH REMOTE FILL

POINTS, ONE SERVES THE GENERATOR THE OTHER THE BOILER.

REFILL METHOD IS GRAVITY FEED WITH A CAM LOCK CONNECTION.

TRUCKS NEEDS TO PROVIDE A STANDARD EUROPEAN-STYLE LOCKING

MECHANISM TO CONNECT WITH REMEOTE FILL POINTS.

METERED DELIVERY TICKET REQUIRED

DELIVERY HOURS: 0830-1630 SUNDAY THRU THURSDAY

THE CONTRACTOR MUST BE ABLE TO MAKE EMERGENCY DELIVERIES AT ANY TIME.

GENERAL NOTES:

1. For contract line items (CLINS) 101-KD1 and 100-PG, Contractor will be delivering fuel to the U.S. Embassy, Kabul, Afghanistan.

2. CLINS 100-KD, 100-KD1, and 100-PG shall be sourced from Western or Northern supply routes into Afghanistan.

3. The contractor selected for award shall be ready to deliver fuel in accordance with the contract requirement by 01 MAY 2014.

4. Offerors submitting proposals that include the use of Armed Private Security Companies will not be considered for an award.

5. Contractor shall coordinate any need for use of armed private security through the Afghan Ministry of Interior (MoI).

6. Force protection requirements are in full effect under this contract at all times. There may be excessive wait times outside the gates of all U.S. Government locations. This may include mandatory “cool down” periods of 24 hours or more. Detention charges should be accounted for in contract price as any claims for detention will not be paid.

7. DO NOT include any taxes in the offered prices for which the U.S. Government is tax exempt.

8. If an offer price is submitted on any one of the diesel items, an offer price must be submitted on each of the other items. DLA

ENERGY intends to award these diesel items together on an “All or None” basis.

9. DLA ENERGY anticipates the possibility of making multiple awards for each of the above line items.

10. 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.

11. 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. If the offeror does not take any exceptions, completion of blocks 12, 17 through 24, and 30 of the SF 1449 signifies the offeror’s agreement to the terms and conditions contained in the solicitation.

mailto:flaxmaneg@state.gov

OSP Page 7 of 43

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

(a) WARRANTIES. The Contractor warrants that--

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this contract provision; and

(2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this contract.

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

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

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

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

and

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

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

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

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

(Name of publication)

[X] (ii) The average of the prices published in _________PLATTS OILGRAM__________________ (Name of publication)

[ ] (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.

(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.

http://www.platts.com/

OSP Page 8 of 43

(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.

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

OSP Page 9 of 43

(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 NOV 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 .

100-KD PLATTS GASOIL FOB Arab Gulf CARGO $2.886038 See Paragraph (f) above 100-KD1 PLATTS GASOIL FOB Arab Gulf CARGO $2.886038 See Paragraph (f) above 100-PG PLATTS PREM UNLD FOB Arab Gulf CARGO $2.654880 See Paragraph (f) Above 101-KD PLATTS GASOIL FOB Arab Gulf CARGO $2.886038 See Paragraph (f) above

NOTE: Contractor shall notify the Embassy of the new price(s) on the 1st of each month in order to allow the Embassy to obligate funds.

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

SECTION G - CONTRACT ADMINISTRATION DATA

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Definitions. As used in this provision—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; and

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

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(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

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

(a) To the extent that this contract provides for furnishing supplies or performing services outside the United States and its outlying areas, this clause applies in lieu of any Federal, State, and local taxes clause of the contract.

(b) Definitions. As used in this clause-- “Contract date” means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.

“Country concerned” means any country, other than the United States and its outlying areas, in which expenditures under this contract are made.

“Tax” and “taxes” include fees and charges for doing business that are levied by the government of the country concerned or by its political subdivisions.

“All applicable taxes and duties” means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract, pursuant to written ruling or regulation in effect on the contract date.

“After-imposed tax” means any new or increased tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, other than excepted tax, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date.

“After-relieved tax” means any amount of tax or duty, other than an excepted tax, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund, as the result of legislative, judicial, or administrative action taking effect after the contract date.

“Excepted tax” means social security or other employment taxes, net income and franchise taxes, excess profits taxes, capital stock taxes, transportation taxes, unemployment compensation taxes, and property taxes. “Excepted tax” does not include gross income taxes levied on or measured by sales or receipts from sales, property taxes assessed on completed supplies covered by this contract, or any tax assessed on the Contractor’s possession of, interest in, or use of property, title to which is in the U.S.

Government.

(c)

(1) Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States, and the government of the country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the United States except as provided in subparagraph (c)(2) of this clause.

(2) Taxes imposed under 26 U.S.C. 5000C may not be—

(i) Included in the contract price; nor

(ii) Reimbursed.

http://fedgov.dnb.com/webform https://www.acquisition.gov/

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(d)

(1) Except as provided in subparagraph (d)(2) of this clause, the contract price shall be increased by the amount of any after-imposed tax or of any tax or duty specifically excluded from the contract price by a provision of this contract that the Contractor is required to pay or bear, including any interest or penalty, if the Contractor states in writing that the contract price does not include any contingency for such tax and if liability for such tax, interest, or penalty was not incurred through the Contractor’s fault, negligence, or failure to follow instructions of the Contracting Officer or to comply with the provisions of paragraph (i) below.

(2) The contract price may not be increased to offset taxes imposed under 26 U.S.C. 5000C.

(e) The contract price shall be decreased by the amount of any after-relieved tax, including any interest or penalty. The Government of the United States shall be entitled to interest received by the Contractor incident to a refund of taxes to the extent that such interest was earned after the Contractor was paid by the Government of the United States for such taxes. The Government of the United States shall be entitled to repayment of any penalty refunded to the Contractor to the extent that the penalty was paid by the Government.

(f) The contract price shall be decreased by the amount of any tax or duty, other than an excepted tax, that was included in the contract and that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor’s fault, negligence, or failure to follow instructions of the Contracting Officer or to comply with the provisions of paragraph (i) below.

(g) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.

(h) If the Contractor obtains a reduction in tax liability under the United States Internal Revenue Code (Title 26, U.S. Code) because of the payment of any tax or duty that either was included in the contract price or was the basis of an increase in the contract price, the amount of the reduction shall be paid or credited to the Government of the United States as the Contracting Officer directs.

(i) The Contractor shall take all reasonable action to obtain exemption from or refund of any taxes or duties, including interest or penalty, from which the United States Government, the Contractor, any subcontractor, or the transactions or property covered by this contract are exempt under the laws of the country concerned or its political subdivisions or which the governments of the United States and of the country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the United States.

(j) The Contractor shall promptly notify the Contracting Officer of all matters relating to taxes or duties that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs. The contract price shall be equitably adjusted to cover the costs of action taken by the Contractor at the direction of the Contracting Officer, including any interest, penalty, and reasonable attorneys’ fees.

FAR 52.232-17 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

(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.

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FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days after the ordering period expires.

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from DATE OF CONTRACT AWARD.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

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

INFORMATION (JUL 2013)

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.

(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).

(c) DESIGNATED OFFICE.

Name: DLA ENERGY__________________________________________

Mailing Address: ____8725 JOHN J. KINGMAN ROAD, SUITE 4950_____

____FORT BELVOIR, VA 22060-6222________________

Telephone Number(s): ________________________________________

Person(s) to Contact: DLA Energy _________________________________ Electronic Address: DLAE-PCB@dla.mil___________________________

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F-0004 F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA ENERGY APR 2005)

(a) In the performance of this contract, the Contractor agrees not to utilize transportation companies that have been debarred or suspended, are ineligible for receipt of contracts with Government agencies, are in receipt of a notice of proposed debarment or ineligibility from any Government agency, or are otherwise ineligible under Federal programs. Substitution of a new transportation company is subject to review by the Contracting Officer for use under this contract.

(b) If the Contractor changes transporters after award, the Contractor shall provide the Contracting Officer with the following information on alternative or new transportation company(ies) being utilized in the transportation of supplies under this contract.

Name, Address, and Phone Number State(s) in which transporter of Transportation Company is authorized to operate

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

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

(1) Ordering period begins: ___Date of Award ________ and ends: ____24 months later ____________.

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

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

F-0006 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 JUAN J. FERNANDEZ PAYMENT OFFICE

US EMBASSY AMERICAN EMBASSY

KABUL, AFGHANISTAN FMO, KABUL

FERNANDEJJ@STATE.GOV

AFGHANISTAN, APO AE 09806

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

Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (AUG 2013)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision--

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

“Forced or indentured child labor” means all work or service— http://www.acquisition.gov/

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed…