Attachment_B__PACOM_1.6X.pdf

ATTACHMENT B DO NOT RETURN TO DLA ENERGY

SP0600-14-R-0210

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The following pages are additional clauses which apply to your offer submission but are not required to be returned with the above pages.

ALL CLAUSES INCORPORATED BY REFERENCE CAN BE DOWNLOADED IN

FULL TEXT AT:

http://farsite.hill.af.mil/

Additional Clauses:

SECTION C

C-0001 C1 SPECIFICATIONS (DLA ENERGY JAN 2012)

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

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

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

(a) GASOLINE, AUTOMOTIVE, UNLEADED. Product shall conform to Directorate General of Oil and Gas Decree No.: 933.K/10/DJM.S/2013

(b) FUEL OIL, DIESEL. Product shall conform to Directorate General of Oil and Gas Decree No.:

978.K/10/DJM.S/2013

C-0003 C16.68 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY JUL 2012)(Philippines)

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

(a) GASOLINE, AUTOMOTIVE, UNLEADED. Product shall conform to PNS/DOE QS 008:2012.

(b) FUEL OIL, DIESEL. Product shall conform to PNS/DOE QS 004:2012.

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C-0004 C16.68 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY JUL 2012)(Malaysia)

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

(a) GASOLINE, AUTOMOTIVE, UNLEADED. Product shall conform to MS 118-2:2005.

(c) FUEL OIL, DIESEL. Product shall conform to MS 123-1:2005 or MS 2535:2013.

C-0005 C16.68 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY JUL 2012)(Singapore)

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

(a) GASOLINE, AUTOMOTIVE, UNLEADED. Product shall conform to the National Environment Agency.

(b) FUEL OIL, DIESEL. Product shall conform to the National Environment Agency.

C-0006 C16.68 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY JUL 2012) (Thailand)

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

(a) GASOLINE, AUTOMOTIVE, UNLEADED. Product shall conform to the Department of Energy Business.

(b) FUEL OIL, DIESEL. Product shall conform to the Department of Energy Business.

C-0007 C16.68 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY JUL 2012)(Australia)

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

(a) GASOLINE, AUTOMOTIVE, UNLEADED. Product shall conform to the Australia Automotive Fuel Standard.

(b) FUEL OIL, DIESEL. Product shall conform to the Australia Automotive Fuel Standard.

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SECTION E

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

(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)

(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

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

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

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

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

(2) terminate the contract for default.

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

(i)

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

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

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

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

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

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

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

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

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

(End of Clause)

DFARS 252.246-7000 Material Inspection and Receiving Report.

MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

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

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

(End of clause)

52.246-9029 Inspection and Acceptance Points.

INSPECTION AND ACCEPTANCE POINTS (APR 2010)

(a) Inspection and acceptance are:

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

E-0001 E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013)

(a) This contract provision applies to:

(1) All aviation fuel, lubricating oil, and additive shipments.

(2) All Bulk and Posts, Camps, and Stations non-aviation fuel shipments via pipeline or waterborne transport.

(b) QUALITY CONTROL PLAN.

(1) The Contractor is required to provide and maintain an inspection system, and a written description (Quality

Control Plan (QCP)) of that system, acceptable to the Government. The Contractor has the option to provide and maintain an inspection system that, as a minimum, incorporates the requirements of ISO9001, Quality Management Systems. If the Contractor chooses to comply with the ISO9001 quality system requirements and format, all the specific Quality Assurance Provisions of this contract must be included in the resulting ISO9001 document that will serve as the QCP. A copy of the QCP, in English, shall be presented to the Government Quality Assurance Representative (QAR) for their review and acceptance prior to commencement of production or services. An acceptable QCP is required prior to Government inspection and acceptance of supplies or services. The QCP shall be reviewed and updated when deemed necessary by the Contractor or the Government, to include changes necessary to

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5 | P a g e prevent the recurrence of quality problems. The Contractor must sign and date the original QCP, as well as each subsequent revision. Revisions shall also be presented to the QAR for review and acceptance prior to implementation. When acceptable to the Government, the original QCP, and any revisions, shall be signed and dated by the QAR.

(2) The Contractor shall require subcontractors to provide and maintain inspection systems adhere to all the requirements in this contract provision.

(3) The QCP shall include the identification of key operational positions, a schematic diagram of plant facilities pertinent to the inspection system, indicating all inspection points, and a description of the following operations related to the supplies or services to be furnished under the contract:

(i) RECEIVING, BLENDING AND COMPOUNDING. Procedures used to ensure the quality of additives blended into product supplied under this contract. Procedures to identify and ensure the quality of component base stocks used to produce finished product. Procedures to be used for adding, prior to batching, all required additives at all locations. When procedures for in-line blending of non-aviation products in accordance with the IN-LINE BLENDING OF NON-AVIATION PETROLEUM PRODUCTS contract provision are used, the QCP will provide for establishing blend ratios, and identify the responsible personnel within the Contractor's organization authorized to establish the blend ratios. When line injection of additives is required by the contract, the QCP will provide procedures for proportionately injecting additives throughout the entire loading process to ensure the additive is homogeneously blended into the product, as well as procedures for maintaining records evidencing the homogeneous blending of all line injected additives. In addition to the testing in (iii) below, a laboratory hand blend of jet fuel with all additives required by the contract shall be tested, prior to shipment, to verify compliance with the specification;

(ii) SAMPLING. Procedures for sampling additives, blend tanks, shipping tanks, lines, and conveyances/containers in accordance with API Manual of Petroleum Measurement Standards (MPMS), Chapter 8, Section 1, (ASTM D 4057) Manual Sampling of Petroleum and Petroleum Products, and/or Section 2, (ASTM D 4177) Automatic Sampling of Liquid Petroleum and Petroleum Products. Procedures include sample location, frequency, quantity, and retention. For all tanker, barge, and pipeline shipments, a flow-proportional sample taken in accordance with MPMS Chapter 8, Section 2, is preferred at the custody transfer point. However, manual samples taken in accordance with MPMS Chapter 8, Section 1 are acceptable provided that they are taken hourly throughout the shipment and that the quantity of the composite sample meets the requirements in Table II of this contract provision. See Table I, Minimum Sampling and Testing Requirements, and Table II, Sample Retention;

(iii) TESTING. Types of test series and individual test methods/procedures to be performed on samples taken from each location identified in (ii) above. See Table I, Minimum Sampling and Testing Requirements, and Table III, Definitions of Test Series;

(iv) CALIBRATION. Program for testing and measuring equipment in accordance with ISO 10012, Measurement Management Systems – Requirements for Measurement Processes and Measuring Equipment, or equivalent local regulation, as appropriate; and, a program for meters used to determine quantity complying with the API MPMS, Chapters 4, 5, and 6, or equivalent foreign standard. For items not covered by API, ASTM, or IP publications, the applicable manufacturer's recommended calibration method(s), outlined in the applicable industry publication, shall be used if acceptable to the Government;

(v) STORAGE AND HANDLING. Procedures for quality/quantity determination. Includes a description of storage and handling equipment, such as tanks, lines, valves, and manifolds; identification of dedicated/common product systems, including description of line segregation and controls to assure capability for proper gauging, sampling, draining of water, filtration, circulation, and drying; and identification of any other process/system used in maintaining product integrity during storage and handling;

(vi) LOADING AND SHIPPING – GENERAL. Procedures for product movement and related quality/quantity checks from shipping tank(s) to custody transfer point (CTP). Description of transfer system from shipping tank to CTP. A dedicated system, including lines, pumps, loading arms, and hoses, is preferred, but an isolated common system incorporating blind flanges, spectacle plates, or double valves between systems is acceptable. An isolated common system using single valves designed to ensure positive isolation, such as twin seal single valves, are also acceptable. Systems with single valve (other than twin seal) isolation require specific procedures be included in the QCP to ensure product integrity prior to the CTP.

When single valves (other than twin seal) are present in the system, the Contractor shall provide their quality control procedures, from the first single valve to the CTP, at time of bid to the Contracting Officer for a determination of acceptability. Procedures for conditioning and testing of isolated systems that last carried a product other than that intended for movement under this contract.

For in-line blending of non-aviation products, where approved in this contract, requirements must comply with the IN-LINE BLENDING OF NONAVIATION PETROLEUM PRODUCTS contract provision;

(vii) LOADING AND SHIPPING – TANK CARS, TANK TRUCKS, AND INTERMODAL CONTAINERS. For direct deliveries using Contractor-supplied tank cars and tank trucks in dedicated same grade aviation fuel service, refer to the section of API 1595 entitled “Loading of Road/Rail Cars” for loading and shipping procedures. All other tank

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6 | P a g e car, tank truck, and intermodal container loadings shall be in accordance with the following procedures: Confirm all compartments have been prepared in accordance with Table IV, Conversion Chart for Tank Cars, Tank Trucks, and Intermodal Containers, below.

Whenever possible, ensure the same preparation procedures used for compartments are applied to hoses, manifolds, etc. Ensure that conveyances carrying lubricating oil are dry and free from loose rust, scale, and dirt. Provide for investigation of discrepancies in either recorded quality or quantity. When required by the contract, seal conveyance and record seal numbers on the shipping document. Strainers and filters shall be located as near the loading or filling point as practicable and shall be used as outlined below for all deliveries except deliveries into tanker, barge, or pipeline.

(A) All aviation fuel shall be passed through strainers of 60 mesh or finer screen;

(B) All lubricating oil products, including preservatives, having a kinematic viscosity of 20.0 centistokes or less at 100 degrees Fahrenheit shall be passed through a 100 mesh or finer screen;

(C) All lubricating oil products, including preservatives, having a kinematic viscosity greater than 20.0 centistokes at 100 degrees Fahrenheit, but less than 22.0 centistokes at 210 degrees Fahrenheit, shall be passed through a 60 mesh or finer screen; and

(D) The Contractor shall furnish and periodically inspect strainers and filters pursuant to this paragraph to determine condition and perform maintenance as necessary, keeping a written record thereof.

(viii) LOADING AND SHIPPING – TANKERS AND BARGES.

(A) For f.o.b. destination Contractor-supplied tankers/barges. Procedures for the preparation of vessel cargo systems, in accordance with Energy Institute (EI) HM 50, Guidelines for the Cleaning of Tanks and Lines for Marine Tank Vessels Carrying Petroleum and Refined Products, that ensure the vessel is suitable to load the intended product(s).Particular attention should be given to vessels that previously carried a Fatty Acid Methyl Ester (FAME) cargo. As a minimum, f.o.b.

destination Contractors must ensure that all cargo systems on the vessel intended for loading product under this contract, to include tanks, lines, manifolds, and pumps, are washed, gas freed, and inspected. In the event a solvent de-greaser is utilized in the tank preparation process, a minimum of two rinses must be performed by the vessel prior to loading Aviation Turbine Fuel. Vessels that will be carrying JP8 will be allowed to load without cleaning based upon the following criteria: the last cargo prior to loading JP-8 is Jet A/A1, and the second and third to last cargoes were clean middle distillate or lighter petroleum products (no black oils, lubricating oils, vegetable oils, palm oils, biodiesel with FAME content greater than or equal to 15 % or other similar products).

The vessel will drop all lines and strip dry all cargo tanks of the previously carried Jet A/Jet A1 prior to loading JP-8. These procedures, and others deemed necessary by the Contractor, shall be included to ensure that the product meets the specification requirements at the CTP.

(B) For f.o.b. origin Government-supplied tankers/barges. Procedures for maintaining a time log of all significant events/delays including vessel notice of readiness, vessel arrival, mooring, vessel deballasting, inerting and conditioning of cargo tanks, inspections, hose connections and disconnections, starts, stops, vessel release, or any other event that affects laytime of the vessel. Procedures for assuring condition of loading line (full of tested product, all air bled, and pressure packed) and gauging shore tanks, both before and after loading. In the event an automated metering system is to be used as the means of shore quantity determination, manual gauges of all storage tanks designated for shipment shall be taken prior to commencement of loading. Procedures for preload discussion between Contractor, vessel, and QAR to include, but not be limited to, prior two cargoes, cleaning procedures, loading plan, loading rates, sampling requirements, and after loading sampling and gauging. [Prior to loading - gauge, sample, and test intransit cargoes designated for load on top. Gauge and sample (1 gallon) any other product on board, except for JPTS, and retain those samples.] All cargo quantities shall be calculated and volume corrected both before and after loading. Procedures for commencement of loading into one tank (up to 3 feet), then switching to at most two other vessel tanks while first-in sampling and testing is being accomplished (Table I). Procedures for the transportation of samples from the vessel to the testing facility. Monitoring the loading (including line blending and additive injection) from source to vessel, investigating irregularities immediately and stopping loading, if necessary. Procedures for investigating discrepancies in quality (mandated if off-specification or out of testing tolerance) and quantity (mandated if shore to ship variance is in excess of the following: 0.2% (0.002) for cargos not requiring cleaning, gas freeing, or drop/strip; 0.3% (0.003) for cargos requiring drop/strip;

or 0.5% (0.005) for cargos requiring cleaning and gas freeing, or figures are suspect) on loaded conveyance.

(C) For both f.o.b. origin and destination tankers/barges. Procedures for immediately notifying the QAR when irregularities occur or are suspected, and on all occasions when loading is interrupted. Authority to release a Government-furnished vessel rests with the Government QAR after compliance and completion by the Contractor of all required operations, including the preparation of the DD Form 250-1.

(ix) RECORDS AND REPORTS. Procedures for completing and distributing required documentation both prior to and after the release of the vessel. Documentation shall include, as a minimum, test reports for all products and additives, additive blending and/or injection records, vessel notice of readiness, customs documents, bills of lading, vessel ullage reports, and the DD Form 250/DD Form 250-1 and continuation sheet(s) (or the Paperless Ordering and Receipt Transaction System [PORTS]

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7 | P a g e or equivalent). Other documentation may be required on an as needed basis, such as vessel port logs, calibration records, and results of quality or quantity discrepancy investigations. These records and reports will include by whom, where, and how they were prepared, as well as retention information. The DD Form 250-1 and DD Form 250-1 continuation sheet(s) will be signed by the Contractor and the vessel representative in the appropriate blocks before presenting them to the QAR for signature. The DD Form 250 and DD Form 250-1 shall identify the type, brand name, and amount of all additive(s).

(x) CORRECTIVE ACTION. Actions to be followed to effect correction of any deficiency affecting product quality or quantity, such as handling of off-specification product (waivers, conveyance rejections, etc.). The corrective action procedures shall include notification of the QAR.

(4) The QCP shall identify one individual to serve as a point of contact for quality/quantity matters relating to the inspection system description in the plan.

(5) The Contractor is responsible for all inspection systems, QCPs, and product quality and quantity.

(c) The Contractor shall perform all inspections and acceptance tests required by the specifications of the supplies to be furnished under this contract or, shall have such tests performed, in a laboratory acceptable to the Government. For f.o.b.

destination Contractor-supplied tankers/barges, the Contractor shall provide the QAR, prior to the first shipment, with the name and location of the laboratory to be used for testing at each discharge point. The Contractor shall also notify the QAR of any subsequent laboratory changes prior to the affected shipments. If any laboratory is determined to be unacceptable to the Government, the Contractor must designate another laboratory that is acceptable, before acceptance testing can take place.

Acceptance tests will normally be performed at the acceptance point. However, when such tests are performed at origin on supplies to be accepted at destination, documentation that will enable verification of the original test results shall be provided to the Government prior to acceptance at destination. Regardless of the method of delivery, products furnished under this contract must meet all specification requirements at the CTP.

(d) Prior to loading, the Contractor shall inspect all shipping conveyances for suitability to load the supplies furnished under this contract, except for Government-furnished tankers and barges Authorization for the Contractor to participate in the inspection of Government-supplied tankers and barges rests with QAR. The QAR has the right to inspect any Government-supplied conveyance prior to loading and, in the event the Contractor and the QAR disagree on the suitability to load such a conveyance, the determination of the QAR shall govern. If the SHIPMENT AND ROUTING contract provision is included in the contract, Government-furnished transportation equipment that is unsatisfactory for loading shall be reported by the Contractor in accordance with the provisions contained in that contract provision. Procedures to determine suitability to load tank trucks and tank cars shall include, but not be limited to, visual inspection of interior compartments to assure cleanliness and dryness.

Manifolds and hoses must be drained and be clean and dry for the intended product. If the Contractor intends to witness operations at any point up to, and including, government acceptance, the Contractor is responsible for contacting the facilities to be visited and obtaining the required access.

(e) When requested by the U.S. Government, the Contractor shall furnish no more than five (ten in the case of jet fuel) 1-gallon samples of liquid product from any individual batch or lot of the supplies to be furnished under this contract. Such samples shall be furnished without charge to the Government and shall be packed, marked, and shipped by the Contractor, at their expense.

(f) The Contractor shall keep all quality and quantity records related to the performance of this contract complete and available to the Government during the performance of this contract and for three years after final payment under this contract.

These records shall include, but not be limited to, DD Form 250-series documents, documentation of internal inspections of all conveyances, laboratory certificates for all required testing (including those for the shipping tanks for f.o.b. destination tankers/barges), and documentation of quantity determinations.

(g) When a common system is to be used for shipment in accordance with paragraph (a)(3)(vi) above, the Contractor shall provide a list of all products carried by that system during the past year to the Contracting Officer, at the time of offer, for a determination of acceptability.

(h) The inspection system and related operations provided or performed pursuant to this provision shall be subject to surveillance by the QAR.

(i) The contractor may provide transportation to/from/between contractor facilities and operations to the QAR or DLA Energy representative performing official duties relating to the administration of the contract and the contract price shall include the cost of any such transportation.

TABLE I

MINIMUM SAMPLING AND TESTING REQUIREMENTS (1) (9)

LOCATION WHEN SAMPLED TYPE OF SAMPLE TYPE OF TEST

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(SERIES OR

INDIVIDUAL)

1. Refinery/Terminal (Each Shipping Tank)

Each Batch Prior to Start of Shipment

All Level or Multi-Level Composite

A (2)

2. All Modes (Shipping Line)

a. Dedicated Line

b. Common Line

Prior to Loading/Shipping

Spot

C

B

3. All Modes (except Tank Car/Tank Truck)/Intermodal Container)

(Custody Transfer Point)

Immediately After Start of Loading/Shipping

Spot C

4. a. Tanker/Barge or Pipeline (F.O.B.

Origin) (Custody Transfer Point)

b. Tanker/Barge (F.O.B Destination) (Custody Transfer Point)

During Loading or Pipeline Shipping

During Discharge

Representative Line Sample [See Paragraph (b)(3) (ii)]

Representative Line Sample [See Paragraph (b)(3) (ii)]

Retain Only

Retain Only – Discard After Shore Tests are On- Specification

5. Tanker/Barge/Pipeline (Custody Transfer Point)

Hourly During Loading/Shipping

Spot Visual (3) plus additive analysis for FSII & SDA, if line injected

6. Tanker/Barge (First-In)

After loading 3 feet or the line displacement quantity, whichever is greater

Spot C (4) - plus additive analysis for FSII & SDA, if line injected

7. Tanker/Barge (F.O.B. Origin only)

a. Each Compartment

b. Composite

After Loading

All-Level or Multi-Level Composite

Multi-Tank Volumetric Composite (6) of Each Product Loaded

Sample to be retained in case composite fails. If composite fails perform Workmanship & Density on each compartment sample. For JP5, flash point must also be performed.

B (except gum for Aviation Turbine Fuel) (except carbon residue for Diesel/Kerosene) (plus FAME (7))

8. Tanker/Barge (F.O.B. Destination only)

a. Origin (vessel) Composite

b. Destination (vessel) Composite

After loading

Prior to Discharge

Multi-Tank Volumetric

Product Loaded

Multi-Tank Volumetric

Product to be Discharged

A (plus FAME (7))

A

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c. Destination (vessel) Each Compartment

(SEE NOTE 5 FOR

ADDITIONAL

REQUIREMENTS)

Prior to discharge

All-level or Multi-level composite

For retain in case composite fails. If composite fails perform Workmanship & Density on each compartment sample. For JP5 perform flash point also.

9. Tank Car/Tank Truck/Intermodal Container (Loading Rack)

After change of source tank.

Spot C plus additive analysis for FSII & SDA, if line injected

10. Tank Cars/Tank Truck/ Intermodal Container

After Loading/Filling All-Level or Low Point Drain/Bottom Line (10)

Workmanship (C - when loading lubes and FSII)

11. Drum After Filling Multi-drum Composite (8) C

NOTES FOR TABLE I:

(1) AT THE GOVERNMENT'S OPTION, FULL SPECIFICATION TESTING MAY BE REQUIRED AT THE CUSTODY

TRANSFER POINT. IT IS THE CONTRACTOR'S RESPONSIBILITY TO FURNISH THE GOVERNMENT WITH

SATISFACTORY EVIDENCE OF SPECIFICATION COMPLIANCE.

(2) PRIOR TO PERFORMING A-LEVEL TESTING, THE HOMOGENEITY OF EACH BATCH SHALL BE DETERMINED.

AT A MINIMUM, UPPER, MIDDLE, AND LOWER SAMPLES SHALL BE TESTED FOR DENSITY/API GRAVITY AND COMPARED TO THE SPECIFICATION REQUIREMENT FOR HOMOGENEITY. IF NO SPECIFICATION REQUIREMENT EXISTS, HOMOGENEITY SHALL BE DEFINED AS WHEN THE TEST RESULTS FOR THE UPPER, MIDDLE, AND LOWER SAMPLES ALL FALL WITHIN THE REPEATABILITY LIMIT(S) OF THE TEST METHOD

USED TO DETERMINE DENSITY/API GRAVITY. IN ANY CASE, WHEN DEEMED NECESSARY BY THE

GOVERNMENT, TESTS IN ADDITION TO DENSITY/API GRAVITYMAY BE REQUIRED TO CONFIRM BATCH

HOMOGENEITY.

(3) CONTINUOUS IN-LINE ANALYZERS (I.E., DENSITY AND/OR FLASH POINT) ARE ACCEPTABLE, IN LIEU OF

HOURLY EVALUATIONS, IF QUALITY IS ASSURED. WHEN CONTINUOUS IN-LINE ANALYZERS ARE PRESENT IN THE SYSTEM, THE CONTRACTOR SHALL PROVIDE ITS QUALITY CONTROL PROCEDURES AT TIME OF

OFFER TO THE CONTRACTING OFFICER FOR DETERMINATION OF ACCEPTABILITY.

(4) TESTING FOR PARTICULATE CONTAMINATION SHALL BE REQUIRED BY THE GOVERNMENT IF VISUAL

EXAMINATION OF THE SAMPLE FAILS WORKMANSHIP FOR SEDIMENT/SUSPENDED MATTER.

(5) FOR FOB DESTINATION SHIPMENTS DESTINED FOR MULTIPLE LOCATIONS IN CLOSE PROXIMITY TO ONE

ANOTHER (WITHIN 24 HOURS SAILING TIME BETWEEN LOCATIONS) THE A-TYPE TESTING REQUIRED PRIOR TO DISCHARGE SHALL ONLY BE REQUIRED AT THE INITIAL DISCHARGE POINT, WITH ONLY C-TYPE TESTING REQUIRED PRIOR TO DISCHARGE AT SUBSEQUENT DISCHARGE POINTS. HOWEVER, IF CARGO

INTEGIRTY CHANGES BETWEEN DISCHARGE POINTS, SUCH AS THROUGH CARGO TRANSFERS,

CONTAMINATION, ETC., THEN A-TYPE TESTING SHALL BE REQUIRED AT THE NEXT DISCHARGE POINT. A COPY OF THE FULL SPECIFICATION TEST REPORT FOR THE VESSEL, AFTER LOADING, SHALL BE PROVIDED

TO THE RECEIVING ACTIVITY AT EACH DISCHARGE POINT, PRIOR TO DISCHARGE.

(6) COMPRISED OF ALL-LEVEL OR MULTI-LEVEL COMPOSITES FROM EACH COMPARTMENT.

(7) CONTRACTORS DELIVERING INTO THE GPSS,CEPS, NIPS, AND DFSP ATHENS (MOH) SHALL PERFORM FAME CONTENT TESTING IN ACCORDANCE WITH TEST METHOD IP 585 OR IP 590, AND REPORT THE RESULTS TO

THE DESTINATION CONSIGNEE PRIOR TO VESSEL ARRIVAL.

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(8) A ONE LITER COMPOSITE SAMPLE OF EACH LOT OF PRODUCT SHALL BE TAKEN FROM A PREDETERMINED NUMBER OF RANDOMLY SELECTED DRUMS. THE TOTAL NUMBER OF DRUMS SAMPLED PER LOT SHALL, AT A MINIMUM, BE THAT CITED IN TABLE III OF API MPMS CHAPTER 8.1 (ASTM D 4057), BUT MAY BE

INCREASED AT THE GOVERNMENT’S OPTION.

(9) THE SIZE OF ALL THE SAMPLES REQUIRED IN THIS TABLE, EXCEPT FOR THOSE DESIGNATED “RETAIN

ONLY”,

SHALL BE DETERMINED BY THE CONTRACTOR AND SHALL BE OF SUFFICIENT QUANTITY TO PERFORM ALL THE TESTS REQUIRED BY THIS TABLE. THE SIZE REQUIREMENTS FOR RETAIN SAMPLES CAN BE

FOUND IN TABLE II, SAMPLE RETENTION.

(10) THE LOW POINT DRAIN/ BOTTOM LINE OPTION ONLY APPLIES TO TANK CAR AND TANK TRUCK

SHIPMENTS

OF FUEL – SHIPMENTS OF LUBRICATING OILS AND ADDITIVES MUST UTILIZE ALL-LEVEL SAMPLING PROCEDURES. IF INITIAL FUEL SAMPLES USING THE LOW POINT DRAIN/BOTTOM LINE OPTION ARE NOT CLEAR AND BRIGHT, ADDITIONAL SAMPLES SHALL BE TAKEN UNTIL A CLEAR AND BRIGHT SAMPLE IS

OBTAINED.

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

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

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

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

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

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

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

E-0003 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY 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.

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

STATES (CONUS):

Alabama 110 Maine 110 Oklahoma 110 Arizona 120 Maryland 110 Oregon 120 Arkansas 110 Massachusetts 110 Pennsylvania 110 California 120 Michigan 110 Rhode Island 110 Colorado 120 Minnesota 110 South Carolina 110

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

EXCEPTIONS:

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

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

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

STATES (OCONUS) (INCLUDING ALASKA AND HAWAII):

Afghanistan 400 Cyprus 200 Malaysia 300 Singapore 300 Africa 200 1 Egypt 4001 Maldives 300 South America 110 Alaska 300 Europe (Continental) 200 Malta 200 South Korea 300 Antarctica 300 Georgia 200 Mauritius 200 Sri Lanka 300 Armenia 200 Greenland 200 Mexico 110 Syria 400 Ascension Island 110 Hawaiian Islands 300 Midway Island 300 Taiwan 300 Australia 300 Hong Kong 300 Mongolia 300 Tajikistan 400 Azerbaijan 200 Iceland 200 Myanmar 300 Thailand 300 Azores 200 India 300 Nepal 300 Turkey 200 Bahrain 400 Indonesia 300 New Zealand 300 Turkmenistan 400 Bangladesh 300 Ireland 200 North Korea 300 United Arab Bermuda 110 Iran 400 Oman 400 Emirates 400 Bhutan 300 Iraq 400 Pacific Islands United Kingdom 200 Brunei 300 Israel 200 (Central & South) 300 Uzbekistan 400 Cambodia 300 Japan 300 Pakistan 400 Vietnam 300 Canada 110/120 2 Jordan 400 Papua New Guinea 300 Wake Island 300 Canary Island 200 Kazakhstan 400 Philippines 300 Yemen 400 Caribbean Islands 110 Kuwait 400 Qatar 400 Central America 110 Kyrgyzstan 400 Russia 200 Chagos Archipelago 300 Laos 300 Ryukus Islands, Japan 300 China 300 Lebanon 400 Saudi Arabia 400 Comoros 200 Madagascar 200 Seychelles Is. 420

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

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

(4) INSPECTION OFFICES AND CODES.

110. DLA Energy Americas East ATTN: Quality Manager 3

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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

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

FAX: (310) 241-2836

200. DLA Energy Europe and Africa

Military Mailing Address:

DLA Energy Petroleum Lab ATTN: Quality Manager 3

CMR 422

APO AE 09067-0422

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

FAX: 49-631-3406-2289 4

Commercial Shipping Address:

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

300. DLA Energy Pacific

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

FAX: (808) 473-4232

400. DLA Energy Middle East

PSC 851, Box 180

FPO AP 09834-2800

Phone: 973-17-85-6493 4

FAX: 973-17-85-4650 4

[Location: Bahrain]

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

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

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

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

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

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

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

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

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

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

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

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

(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation.

Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS contract provision of this contract.

(4) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less…