Solicitation_SP0600-14-R-0206.pdf

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SF Form 1449 - ADDITIONAL INFORMATION CONTINUED

a. Offerors are advised to complete and submit one copy of all forms contained in the Solicitation. Copies of all documents submitted must be exactly the same as original. Certification and Representation clauses should be answered in either the affirmative or negative, as applicable. If a clause does not apply, LEAVE BLANK. (DO NOT state "N/A - Not Applicable.") Offer must be signed by an authorized negotiator – see K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) in the Solicitation. Please initial all changes and corrections. Offerors must acknowledge receipt and acceptance of all amendments to this Solicitation.

b. NOTICE: Any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government agencies, or was in receipt of a notice of proposed debarment from any Government agency, is voidable at the option of the Government.

c. B19.27-3 ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (PC&S) (ETHANOL) (DLA Energy JAN 2012) - Initial offer price and base reference price date is 22 November 2013. The final proposal revision reference price effective date will be the same as the reference price established for initial offers.

d. Pursuant to L2.11-4 EMAIL PROPOSALS, offers submitted via e-mail must constitute an offeror’s hard copy. It must contain all required representations and certifications as well as all required signatures. E-Mail address in which to submit offers is: Shelly.Brayboy@dla.mil and Uniqueka.Davis@dla.mil QUESTION AND ANSWER PERIOD. To encourage maximum participation on ALL line items (Attachment I) a question and answer period has been established. Starting from the issue date of this solicitation to 16 December 2013 by 4:00 PM, Local Fort Belvoir time all potential incumbents may ask any and as many questions as they may need to fully participate and respond to all the listed line items (Attachment I). No further question will be received after the above stated date and time. All questions to be sent to shelly.brayboy@dla.mil and uniqueka.davis@dla.mil.

Answers will be consolidated and answered via an official amendment to the solicitation, if applicable, soon after 18 Decemeber 2013. Extentions of the closing date to an open solicitation are at the sole discretion of the Contracting Officer and will be issued via an ammemdment, if applicable. Potential incumbents are reminded that they shall sign the amendment (block 15A-C) OR acknowledge the solicitation/amendment(s) in their prospective submitted proposals.

mailto:Shelly.Brayboy@dla.mil mailto:Uniqueka.Davis@dla.mil mailto:shelly.brayboy@dla.mil

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INDEX

Section B- Supplies or Services and Price/Costs

PROVISION/CLAUSE TITLE PAGE

B1.01 ECONOMIC PRICE ADJUSTMENT (OVERSEAS)(DLA ENERGY JAN 2012) 8

B19.27-3 ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S) (ETHANOL) (DLA

ENERGY JAN 2012) 8

Section C- Description/Specifications/Statement of Work

C1 SPECIFICATION (DLA ENERGY JAN 2012) 10

C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAR 2011) 10

C16.18-6 GASOLINE, AUTOMOTIVE,UNLEADED (REGULAR/MIDGRADE/PREMIUM) (DLA

ENERGY SEP 1998) 10

Section D- Packaging and Marking

FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN

1997)

D12 DRUMS, CONTAINERS, AND PACKAGING (DLA ENERGY DEC 2011) 11

Section E- Inspection and Acceptance

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (FEB 2012) 24

FAR 52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996) 24

DLAD 52.246-9029 INSPECTION AND ACCEPTANCE POINTS (APR 2010) 13

E21.01 POINT OF INSPECTION (DLA ENERGY APR 2010) 13

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY

JUL 2013) 13

E4 INSPECTION (DLA ENERGY DEC 2011) 14

E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009) 15

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) 15

E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S)(DLA ENERGY DEC

2011) 16

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Section F- Deliveries or Performance

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984) 16

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

AND TANK WAGONS (DLA ENERGY JAN 2012) 16

F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND

AVIATION FUELS (DLA ENERGY OCT 1992) 17

F1.09-2 DETERMINATION OF INVOICE QUANTITY (PC&S) DLA ENERGY JAN 2012) 17

F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S)(DLA

ENERGY APR 2005) 20

Section G- Contract Administration Data

FAR 52.232-34 PAYMENT BY ELECTRONIC FUND TRANSFER -- SYSTEM FOR AWARD

MANAGEMENT (JUL 2013) 21

DFARS 252.232-7007 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) 22

Section H- Special Contract Requirements

Not applicable

Section I- Contract Clauses

FAR 52.203-3 GRATUITIES (APR 1984) 24

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984) 25

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) 25

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

ENERGY) (FEB 2012) 47

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (FEB 2012) 24

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

OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAR 2012) 26

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 30

FAR 52.216-9 ORDER LIMITATIONS (OCT 1995) 30

FAR 52.216-18 ORDERING (OCT 1995) 30

FAR 52.216-21 REQUIREMENTS (OCT 1995) 30

FAR 52.242-13 BANKRUPTCY (JUL 1995) 24

FAR 52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996) 24

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FAR 52.247-34 F.O.B. DESTINATION (NOV 1991) 24

FAR 52.247-45 F.O.B. ORIGIN AND/OR F.O.B. DESTINATION EVALUATION (APR 1984) 24

FAR 52.247-46 SHIPPING POINT(S) USED IN EVALUATION OF F.O.B. ORGON OFFERS (APR

1984) 24

FAR 52.252-1 SOLICITATION PROVISION INCORPORATED BY REFERENCE (FEB 1998) 25

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DID

OFFICIALS (NOV 2011) 24

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

TERRORIST COUNTRY (JAN 2009) 24

DFARS 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)(AUG 2012) 24

DFARS 252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM)(JAN 2011) 24

DFARS 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM (DEC 2012) 24

DFARS 252.225-7008 RESTRICTIONS ON ACQUISITION OF SPECIALTY METAKS (MAR 2013) 24

DFARS 252.225-7012 PREFRENCES FOR CERTAIN DOMESTIC COMMODITIES (FEB 2013) 24

DFARS 252.225-7021 TRADE AGREEMENTS (OCT 2013) 24

DFARS 252.227-7015 TECHNICAL DATA - COMMERCIAL ITEMS (JUN 2013) 24

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENTS REQUESTS AND RECEIVING

REPORTS (JUN 2012) 24

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 24

DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) 24

DFARS 252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY

OPERATIONS (OCT 2010) 24

DFARS 252.247-7003 PASS-THROUGH OF MOTOR CARRIER FUEL SURCHARGE ADJUSTMENT TO

THE COST BEARER (JUN 2013) 24

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (JUN 2013) 24

DFARS 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000) 24

DLAD 52.233-900 AGENCY PROTEST (NOV 2011) 24

DLAD 52.233-9001 DISPUTES AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR)

(NOV 2011) 24

DLAD 52.246-9019 MATERIAL AND INSPECTION REPORT 24

DLAD 52.246-9029 INSPECTION AND ACCEPTANCE POINTS (APR 2010) 13

I330 READINESS FEE PERFORMANCE-BASED PAYMENT TERMS (DLA ENERGY SEP

2007) 34

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA

ENERGY FEB 2009) 32

I209.18 OPTIONS TO EXTEND THE TERM OF THE CONTRACT (DLA ENERGY JAN 2012) 32

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Section J- List of Attachments

SCHEDULE OF SUPPLIES Attachment I

PRICE DATA SHEETS Attachment II

Section K- Representations, Certifications, and other Statements of Offerors or Respondents

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) 35

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

(Sep 2013) 36

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 46

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 46

Section L- Instructions, Conditions and Notices to Offerors or Respondents

L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 49

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 49

L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE

DELIVERY OF PRODUCTS (PC&S)(DLA ENERGY JAN 2012) 50

L7 SOCIOECONOMIC PROPOSAL (DLA ENERGY MAR 2007) 50

Section M- Evaluation Factors for Awards

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) 51

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 53

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

1997) 54

M43.01 EVALUATIONS OF OPTIONS (DLA ENERGY MAR 2009) 54

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Part I-The Schedule

SECTION B- SUPPLIES OR SERVICES AND PRICES/COSTS

B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (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 clause.

(b) All items of this contract call for delivery f.o.b. destination unless the item otherwise specifies. The destination for each item is the point of delivery shown in the particular item.

(c) Written telecommunication (facsimile) is authorized for transmittance of a properly completed order. In an emergency, oral orders may be issued but must be confirmed in writing by an order within 24 hours.

(d) If any gasoline items are included in this document, they may require oxygenated fuel as a result of changes in environmental laws.

See the SPECIFICATIONS (CONT'D) (COG 3.2F) contract provision for a listing of counties, cities, and townships that require oxygenated gasoline during the period listed.

(e) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item.Any offers received for less than the full quantity for each line item will be rejected by the Government.

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY

See Attachment I* Gasoline, Regular Unleaded 37,164,150 USG Product Code: MUR

NSN: 913-00-148-7103

Specification: ASTM D4814 (Most Current Specification Standards)

See Attachment I* Diesel Fuel #2, ULS 209,048,475 USG Product Code: DS2

NSN: 9140-01-524-0139

Specification: ASTM D975 (Most Current Specification Standards)

* Specifications stated are applicable to Contract line Item Number (CLIN) nomenclature indicated herein

B19.27-3 ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S) (ETHANOL) (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

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

(2) The prices to be invoiced hereunder for listed items shall be computed in accordance with the conditions of this contract provision.

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

(1) Award price means the unit price accepted by the Government for the item of supply identified by the item number.

(2) Base market price means the industry publication, Contractor’s posted price, or the Contractor’s supplier’s price to be used in determining an economic price adjustment of the award price of an individual product for the market area and time period specified in this contract provision. The base market price is shown in paragraph (g), Column V of the Market Indicator Table and is the price from which economic price adjustments are calculated pursuant to this contract provision. The Contractor will propose a base market price which is subject to review by the Government to ensure it accurately reflects market conditions.

(3) Adjusting market price means the market price in affect on the date of delivery and that will be used to determine the change from the base market price (see Column V of the Table below).

(4) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

(ii) FOR ALL OTHER TYPES OF DELIVERIES. The date the product is received on a truck-by-truck basis.

(c) PRICE ADJUSTMENTS. The Contractor’s price change notification shall be submitted in writing within 5 calendar days of such change. 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.

(1) CHANGE IN SUPPLIER’S PRICE. The price change notification shall include a copy of the Contractor's supplier's notice or invoice, which clearly shows the supplier's name, the increase/decrease in price or invoice, the applicable product, and the effective date of the change.

(2) CHANGE IN CONTRACTOR’S POSTED PRICE. The price change notification documentation shall be sufficient to justify such change and shall include, but not be limited to, the actual supplier-published fuel prices (rack, terminal, truck, etc.) clearly annotated for the fuel type to be procured and the effective date of the price change.

(3) In the event the Contracting Officer determines the justification is insufficient to warrant such a change in the supplier’s price or the Contractor’s posted price, the Contractor will be notified within 3 working days of DLA Energy’s receipt of the price change notification. The Contractor shall continue performance under this contract until the situation is resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(4) CHANGE IN INDUSTRY PUBLICATION PRICE. In the event that there is a change in the industry publication price used to effect a change in base market price, the Contractor will notify the Contracting Officer in writing and include substantiating documentation.

(5) CALCULATIONS. The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fractions thereof, that the base market price increases or decreases per like unit of measure between the date shown in Column V of the Table below and the date of delivery. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places, truncated.

(6) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the base market price within the allotted 5-day period, such decrease shall apply to 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 from the base market price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date reimbursement is received from the Contractor for the overpayment in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(7) INCREASES. Any increase in award price as a result of an increase in the base market price shall apply to all deliveries made on or after the date of receipt by the Contracting Officer of written notification from the Contractor of such increase in accordance with paragraph (c) above. However, no notification incorporating an increase in an award price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.

(8) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract provision, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract, or is the result of an allocation made in accordance with the terms of the ALLOCATION clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(9) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any award price shall not exceed _575___ percent of the award price in any applicable program year (whether it is a single year or a multiyear program), except as provided hereafter:

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

(ii) If an actual increase in the base market price would raise an award 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.

(d) REVISION OF MARKET PRICE INDICATOR. If any applicable market price indicator (industry publication price, supplier’s price, or Contractor’s posted price) is discontinued, its method of derivation is altered substantially, or the Contracting Officer determines that the market price indicator consistently and substantially failed to reflect market conditions, the parties shall mutually agree upon an appropriate and comparable substitute and 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 http://www.desc.dla.mil/

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(e) 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, and other data the Contracting Officer deems necessary to verify Contractor adherence to the conditions of this contract provision.

(f) 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.

(g) MARKET INDICATOR TABLE.

I II III IV V

If company -name of product;

If publication - Base market heading under price as of Name of which market Location where 11/22/2013 company/ price is published market price (base market date) Item no. publication and name of product is applicable excludes all taxes)

ULSD PLATTS WEEKLY US GULF WATER #AATGZOO $2.987500

28 PLATTS WEEKLY US GASOLINE GULF WATER #PGACU00 $2.619200

SECTION C- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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).

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.

C16.18-6 GASOLINE, AUTOMOTIVE, UNLEADED (REGULAR/MIDGRADE/PREMIUM) (DLA ENERGY SEP 1998) Product shall conform to ASTM D 4814 with the following additional requirements:

(a) OCTANE REQUIREMENT. The Government's octane requirement is expressed by the Anti-Knock Index (AKI). The AKI is the average of the research octane number (RON) and the motor octane number (MON). The minimum AKI values are identified in (b) below. If the AKI value is not reported, then the RON value and the sensitivity of the fuel shall be reported. The sensitivity is the difference between the RON and the MON. The sensitivity of the fuel shall be 10 or less.

(b) PRODUCT CLASSIFICATION. The product shall be classified as described below:

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE AKI, MINIMUM

9130-00-148-7103 Gasoline, Regular, Unleaded 87 9130-01-272-0983 Gasoline, Midgrade, Unleaded 89 https://assist.daps.dla.mil/ http://dodssp.daps.dla.mil/ http://dodssp.daps.dla.mil/

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9130-00-148-7104 Gasoline, Premium, Unleaded 91

(c) VAPOR PRESSURE. The volatility class shall be as stated in the Schedule.

(d) ADDITIVES. Additives and additive concentration shall be as specified below. Application for approval of additives not listed below should be made to DLA Energy-BP.

(1) OXIDATION INHIBITORS. The gasoline shall contain not less than five pounds nor more than 15 pounds of oxidation inhibitor (active ingredient) per 1,000 barrels of gasoline. Any one of a combination of the following oxidation inhibitors may be used:

(i) N,N' disecondary butyl-para-phenylenediamine

(ii) N,N' di-isopropyl-paraphyenylenediamine

(iii) N,N' dioctyl-para-phenylenediamine

(iv) N,N' -bis-(1,4-dimethylpentyl)-para-phenylenediamine

(v) N,N' disecondary butyl-ortho-phenylenediamine

(vi) 2,6-ditertiary-butyl phenol

(vii) 2,6-ditertiary-butyl-4-methylphenol

(viii) 2,4-dimethyl-6-tertiary butylphenol

(ix) Triethylene tetramine di(monononyphenolate)

(x) Mixed tertiary butylphenols

(xi) N, secondary butyl, N, pheny-ortho-phenylenediamine

(xii) Mixed 2,6-dialkyl and 2,4,6-trialkyl phenols (containing mixed hexyl and heptyl groups)

(xiii) 2,4-ditertiary-butylphenol (60 weight percent minimum) and mixed tertiary butylphenols (40 weight percent maximum)

(xiv) 2,4-ditertiary-butylphenol (containing mono tritertiary butylphenol)

(xv) Butylated ethyl phenols (55 weight percent minimum) and butylated methyl and dimethyl phenols (45 weight percent maximum)

(2) METAL DEACTIVATORS. The gasoline shall contain not less than one pound nor more than three pounds of an approved metal deactivator (active ingredient) per 1,000 barrels of gasoline. Any one of the following metal deactivators may be added separately or in combination with an approved oxidation inhibitor:

(i) N,N' disalicylidene -1,2-ethanediamine

(ii) N,N' disalicylidene -1,2-propanediamine

(iii) N,N' disalicylidene -1,2-cyclohexanediamine

(iv) Disalicylidene-N-methyl-dipropylene-triamine

(3) CORROSION INHIBITOR. An approved corrosion inhibitor may be added. Any corrosion inhibitor used shall be a product that is qualified under MIL-I-25017. The quantity added shall not exceed the maximum approved in the qualified products list (QPL-25017).

(e) WATER TOLERANCE REQUIREMENT. The maximum temperature for phase separation as determined by the water tolerance test shall be 10oC.

SECTION D- PACKAGING AND MARKINGS

Reference FAR 52.223-3 (Page 24)

D12 DRUMS, CONTAINERS, AND PACKAGING (DLA ENERGY DEC 2011)

(a) Property Administrator, as used herein, means the individual so designated in the contract Schedule or pursuant to the following:

(1) ARMY, NAVY, OR MARINE CORPS PROPERTY. By the Ordering Officer.

(2) AIR FORCE PROPERTY. By the Director of Air Force Aerospace Fuels.

(b) The following requirements apply to containers:

(1) For overseas posts, camps, and stations, all 55-gallon drums to be furnished under this contract by the Contractor shall be filled and marked in accordance with the Level B requirements of MIL-STD-290E dated 1 May 1981 and Change Notice 2 dated 1 August 1985. All other containers and packaging to be furnished under this contract by the Contractor shall conform to and be filled and marked in accordance with Level A requirements of MIL-STD-290. New drums and containers shall be required unless otherwise specified in the Schedule. (Reconditioned drums and the Contractor's colors will not be accepted unless specifically permitted.) If the Schedule indicates that drums are "resaleable," the drums shall be subject to return to the Contractor at the point where they were received and the Contractor will be so notified. The Contractor shall allow the Government the amount specified in the Schedule. Notwithstanding any of the foregoing provisions to the contrary, the Contractor shall not be required to accept the return of any drums, without bungs or not in the same condition, except for reasonable wear and tear, as when delivered to the Government.

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(2) For both overseas and domestic requirements, phosphate coatings are acceptable for use on drums and 5-gallon cans used for filling lubricating oils except that phosphate coatings shall not be used on interiors of drums and cans used for filling MIL-L-17331 lube oils, nor shall such drums and cans be fitted with zinc-coated closures. The interiors of these drums and cans shall also be free of fogging oils. The unit prices for the product to be furnished therein include the cost of such drums or containers, which shall become the property of the Government upon acceptance of the product contained therein.

(c) Where the Schedule provides for delivery to be made in Contractor-furnished 55-gallon returnable drums, such drums shall be of standard commercial quality suitable for shipment and storage of the product contained therein. Drums that are emptied within the allowable free period specified in the Schedule will be returned to the location where they were accepted by the Government, and the Contractor will be notified that they are available for pickup. For drums not returned within the allowable free period, the Government will pay as a deposit, upon receipt of the Contractor's invoice therefor, the amount per drum stated in the Schedule. However, if such drums are thereafter returned within the allowable return period specified in the Schedule to the point where they were received and the Contractor is so notified, the Contractor shall refund to the Government the amount of the deposit. If the drums have not been returned at the end of the return period specified in the Schedule, title thereof shall pass to the Government and the amount of the deposit shall be forfeited.

Notwithstanding any of the foregoing provisions to the contrary, the Contractor shall not be required to accept the return of any drum which is not in the same condition as when delivered to the Government, except for reasonable wear and tear. For any such drums which the Contractor is not required to accept upon return, the Government will pay, upon receipt of Contractor's invoice therefor, the amount per drum stated in the Schedule. Upon such payment, title to the drums shall pass to the Government.

(d) The Contractor shall mark and fill all Government-furnished drums in accordance with MIL-STD-290E, dated 1 May 1981, and Change Notice 2 dated 1 August 1985.

(e) Where the Schedule provides that the Government will furnish 55-gallon drums--

(1) The Contractor shall unload all drums furnished by the Government under this contract. The delivery or performance dates for the supplies or services to be furnished by the Contractor under this contract are based upon the expectation that Government-furnished drums suitable for use will be delivered to the Contractor at the times stated in the Schedule or, if not so stated, in sufficient time to enable the Contractor to meet such delivery or performance dates. If the Government-furnished drums are not delivered to the Contractor by such time or times, the Contracting Officer shall, upon timely written request made by the Contractor, make a determination of the delay, if any, occasioned the Contractor thereby and shall equitably adjust either the delivery/performance dates or the contract price, or both and any other contractual provisions affected by such delay, in accordance with the procedures provided for in the CHANGES provision of this contract. If the Government-furnished drums are received by the Contractor in a condition not suitable for the intended use, the Contractor shall, upon receipt thereof, notify the Ordering Officer and the Property Administrator of such fact and, as directed by the Property Administrator either (i) return such drums at the Government's expense or otherwise dispose of the drums, or (ii) effect repairs or modifications. Upon the completion of (i) or (ii) above, the Contracting Officer shall, upon written request of the Contractor, equitably adjust the delivery/performance dates or the contract price, or both, and other contractual provisions affected by the rejection, disposition, repair, or modification, in accordance with the procedures provided for in the CHANGES provision of this contract. The foregoing provisions for adjustment are exclusive and the Government shall not be liable to suit for breach of contract by reason of any delay in delivery of Government-furnished drums or delivery of such drums in a condition not suitable for their intended—use.

(2) By notice in writing, the Contracting Officer may (i) decrease the number of drums provided or to be provided by the Government under this contract, or (ii) substitute other Government-owned drums for drums to be provided by the Government or to be acquired by the Contractor for the Government under this contract. The Contractor shall promptly take such action as the Contracting Officer may direct with respect to the removal and shipping of drums covered by such notice. If any decrease in or substitution of drums results pursuant to this subparagraph, the Contracting Officer shall, upon the written request of the Contractor (or, if the substitution of drums causes a decrease in the cost of performance, on his own initiative), equitably adjust such contractual provisions as may be affected by the decrease, substitution, or withdrawal, in accordance with the procedures provided for in the CHANGES provision of this contract.

(3) Title to all drums furnished by the Government shall remain in the Government. The Contractor shall maintain adequate property control records of Government-furnished drums in such manner as to provide the following information: (i) contract number, (ii) nomenclature or description of item, (iii) quantity and date received and evidence thereof, (iv) quantity and date issued and evidence thereof, (v) balance on hand, (vi) condition, and (vii) location. Such property control records shall be subject to audit by the Government.

The Contractor shall render such reports related to the Government-furnished drums, as directed in writing by the Property Administrator.

The Government-furnished drums, unless otherwise provided herein or approved by the Contracting Officer or the Property Administrator, shall be used only for the performance of this contract.

(4) The Contractor shall maintain and administer, in accordance with sound industrial practice, a program for the maintenance, repair, protection and preservation of Government drums until disposed of by the Contractor in accordance with this contract provision. If any damage occurs to Government drums, the risk of which has been assumed by the Government under this contract, the Government shall replace such items or the Contractor shall make such repair of the drums as the Government directs. However, if the Contractor cannot affect such repair within the time required, the Contractor shall dispose of such drums in the manner directed by the Contracting Officer. The contract price includes no compensation to the Contractor for the performance of any repair or replacement for which the Government is responsible, and an equitable adjustment will be made in any contractual provisions affected by such repair or replacement of Government drums made at the direction of the Government, in accordance with the procedures provided for in the CHANGES

Continuation of solicitation SP0600-14-R-0206 Page 13 of 54 provision of this contract. Any repair or replacement for which the Contractor is responsible under the provisions of this contract shall be accomplished by the Contractor at his own expense.

(5) Unless otherwise provided in this contract, the Contractor assumes the risk of, and shall be responsible for, any loss of or damage to Government drums provided under this contract upon their delivery to him except for reasonable wear and tear and except to the extent that such property is consumed in the performance of this contract. The Government, and any persons designated by it, shall at all reasonable times have access to the premises wherein any Government drums are located, for the purpose of inspecting the Government drums. Upon the completion of this contract or at such earlier dates as may be fixed by the Contracting Officer, the Contractor shall notify the Property Administrator of any Government drums not theretofore delivered to the Government, and shall prepare for shipment, deliver f.o.b. origin, or dispose of the Government drums, as may be directed or authorized by the Property Administrator. The net proceeds of any such disposal shall be credited to the contract price or shall be paid in such other manner as the Property Administrator may direct.

SECTION E- INSPECTION AND ACCEPTANCE

Reference FAR 52.212-4 (Page 24) Reference FAR 52.246-2 (Page 24)

DLAD 52.246-9029 Inspection and Acceptance Points

INSPECTION AND ACCEPTANCE POINTS (APR 2010) – DLAD

(a) Inspection and Acceptance are:

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

Acceptance point: [X ] Destination or [X ] Origin

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

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

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

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

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

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

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

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JUL 2013)

The following lists shall be used to identify the Government inspection office assigned inspection responsibility for DLA Energy contracts in a particular geographic area. These contracts include, but are not limited to, those for bulk petroleum products and additives, into-plane refueling, petroleum storage and laboratory services, coal, aerospace energy (including compressed gases), and posts, camps, and stations. The area of inspection responsibility and corresponding office code are assigned in paragraphs (a) and (b).

The address and phone number of each inspection office by office code is provided in paragraph (c). Unless a particular inspection office is identified in another part of the contract, the assignments in this contract provision shall apply.

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

Alabama 110 Maine 110 Oklahoma 110 Arizona 120 Maryland 110 Oregon 120 Arkansas 110 Massachusetts 110 Pennsylvania 110

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

EXCEPTIONS:

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

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

(c) INSPECTION OFFICES AND CODES.

110. DLA Energy Americas East ATTN: Quality Manager 3

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

FAX: (713) 718-3891

120. DLA Energy Americas West ATTN: Quality Manager 3

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

FAX: (310) 241-2836

E4 INSPECTION (DLA ENERGY DEC 2011)

(a) INSPECTION. When Government inspection is required, it will be performed by the Quality Representative assigned responsibility over the location where loading takes place. In order that such inspection can be accomplished, the Contractor will provide the responsible Inspection Office, upon receipt of an order, with the following information, at least 5 days prior to shipment for domestic items and at least 14 days prior to shipment for overseas items;:

(1) Contract number, line item number, and order number;

(2) Nomenclature and specification of product;

(3) Date and time of shipment;

(4) Name and location of facility where loading will take place;

(5) Identity of conveyance and consignee; and

(6) Quantity to be shipped.

NOTE: For overseas shipments, more than 14 days notice may be required for some locations. If so, the responsible inspection office shall notify the Contractor, in writing, how much notice is required at such locations, and the Contractor shall provide that notice for the duration of the contract.

(b) INSPECTION OFFICES. The name and location of the responsible Inspection Office(s) will be furnished to successful offerors. A specific office may be designated for each loading location or a list of inspection offices and their areas of responsibility may be provided.

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E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009)

The Contractor shall furnish hereunder, from time to time, samples of each product or grade of product to be furnished under this contract at the request of, and in the manner and to the place designated by, the Quality Representative; PROVIDED, however, that in no event shall the Contractor be required to furnish during the period of this contract more than five 1-gallon samples under each contract line item. Such samples shall be furnished without charge to the Government and shall be packed, marked, and shipped by the Contractor, shipping expense prepaid, in containers and shipping boxes furnished by the Contractor.

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

(a) DEFINITION: As used in this contract provision:

Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract.

Extraordinary situation means the matter cannot await resolution until the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded).

Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method. Approval is on a case-by-case basis and is normally for a set period of time.

(b) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(c) The following procedures shall be used to request a deviation or waiver.

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or QUALITY REPRESENTATIVE contract provision of this contract. Each request shall provide the following information: Contractor name;

name and contact information of the contractor’s authorized negotiator; contract number; contract line item number and product nomenclature, clause or contract provision number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and an agreement to pay an equitable price reduction, estimated and proposed by DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy relative to approval of the deviation or waiver.

(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420.

(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS contract provision of this contract.

(4) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $500, which covers administrative costs, plus any additional cost of Government reinspection or retest, if necessary.

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

(d) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES – FIXED-PRICE, INSPECTION OF SERVICES – FIXED PRICE, or CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS contract provision, then in no event will consideration be less than $500 to cover administrative costs. This $500 fee is in addition to—

(1) Consideration commensurate with the extent of nonconforming supplies; and

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(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.

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

(a) SOURCE RESTRICTION.

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

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

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

(b) SOURCE INSPECTION.

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

(2) At the time the change becomes effective—

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

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

(iii) The cognizant DLA Energy field office, upon receiving written notification by the CO, will become the office responsible for inspection at the origin loading or filling point for providing necessary field assistance.

(c) Failure to provide the information requested or to take prompt corrective action may result in the item(s) and/or contract being terminated for default.

SECTION F- DELIVERIES OR PERFORMANCE

FAR 52.211-16 Variation in Quantity (Apr 1984)

(a) A variation…