SP060015R0144_Addendum_Package.pdf

SECTION II

ADDENDUM

PACKAGE

SOLICITATION: SP0600-15-R-0144

PROGRAM: 1.1m

THE ENCLOSED SOLICITATION COVERS THE PERFORMANCE PERIOD OF:

BASE PERIOD: OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2016, PLUS A 30 DAY

CARRYOVER

OPTION PERIOD: OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2017, PLUS A 30 DAY

CARRYOVER

SP0600-15-R-0144

SECTION II

ADDENDUM PACKAGE

INDEX OF CLAUSES

CLAUSE NUMBER CLAUSE TITLE PAGE

SECTION B

B-0001 B1 SUPPLIES TO BE FURNISHED (BULK) (DLA ENERGY JAN 2012) A-1

52.216-9069 ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE - A-8

DLA ENERGY DOMESTIC BULK (NOV 2011) - DLAD

SECTION C

C-0001 C1 SPECIFICATIONS (DLA ENERGY JAN 2012) A-10

C-0002 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY DEC 2014) A-10

SECTION E

52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996) A-11

52.246-9070 COMMERCIAL BILLS OF LADING (BULK) (DLA ENERGY) A-12

(NOV 2011) - DLAD

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) A-12

E-0001 E1 CONTRACTOR INSPECTION RESPONSIBILITIES A-12

(SEP 2013)

E-0002 E14.02 INSPECTION AND ACCEPTANCE (BULK/SPR) A-22

(DLA ENERGY MAR 1996)

E-0003 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS A-22

(DLA ENERGY JUL 2013)

E-0004 E35 NONCONFORMING SUPPLIES AND SERVICES A-25

(DLA ENERGY DEC 2011)

SECTION F

52.211-16 VARIATION IN QUANTITY (APR 1984) A-27

52.211-9073 DETERMINATION OF QUANTITY (DLA ENERGY) A-27

(NOV 2011) – DLAD

52.216-9055 CONTRACTOR ORDER RECEIPT AGENTS (DLA ENERGY) A-29

(NOV 2011) – DLAD

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

52.247-29 F.O.B. ORIGIN (FEB 2006) A-29

F-0001 F1.25 DELIVERY AND ORDERING PERIODS (DLA ENERGY JAN 2012) A-30

F-0002 F14 SHIPMENT AND ROUTING (DLA ENERGY MAR 2003) A-31

A-i

F-0003 F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005) A-32

F-0004 F52 TANKER/OCEAN-GOING BARGE DEMURRAGE AND LOADING A-32

CONDITIONS (DLA ENERGY JAN 2012)

F-0005 F52.03 TANKER STANDARDS AND REQUIREMENTS (FMS) A-34

(DLA ENERGY NOV 2002)

F-0006 F92.02 SCHEDULE OF REFINERY SHUTDOWNS FOR TURNAROUNDS A-34

(DOMESTIC AND OVERSEAS BULK) (DLA ENERGY OCT 2012)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

F-0007 F105.01 DEADFREIGHT (DLA ENERGY JAN 2012) A-34

F-0008 F109 IN-LINE BLENDING OF NONAVIATION PETROLEUM PRODUCTS A-35

(DLA ENERGY JAN 2012)

SECTION G

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD A-37

MANAGEMENT (JUL 2013)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER – OTHER THAN A-38

SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION A-39

WITH OFFER (JUL 2013)

52.232-9010 ACCELERATED PAYMENTS TO SMALL BUSINESS (APR 2014) –DLAD A-39

G-0001 G3 INVOICE NUMBERING REQUIREMENTS A-39

(DLA ENERGY AUG 1998)

G-0002 G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – A-39

CORPORATE TRADE EXCHANGE (DLA ENERGY JUL 2007)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

G-0003 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL A-39

RESERVE WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012)

(SEE OFFER SUBMISSION PACKAGE FOR THE FULL TEXT)

G-0004 G12 SUPPLEMENTAL INVOICING INFORMATION (BULK) A-40

(DLA ENERGY SEP 2002)

G-0005 G150.05-1 SUBMISSION OF INVOICES FOR PAYMENT- A-40

COMMERCIAL ITEMS (BULK) (FMS) (DLA ENERGY JAN 2012)

A-ii

SECTION H

H-0001 H19.02 REPORTING REQUIREMENTS FOR SHIPMENTS A-42

SECTION I

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) A-43

52.201-9001 CONTRACTING OFFICER’S ORDERING REPRESENTATIVES UNDER A-44

THE CONTRACT (APR 2013) – DLAD

52.215-9023 REVERSE AUCTION (OCT 2013) – DLAD A-44

52.216-18 ORDERING (OCT 1995) A-45

52.216-22 INDEFINITE QUANTITY (OCT 1995) A-45

52.219-16 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN (JAN 1999) A-45

52.229-6 TAXES – FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) A-46

52.232-17 INTEREST (MAY 2014) A-47

52.233-9001 DISPUTES - AGREEMENT TO USE ALERNATIVE DISPUTE A-47

RESOLUTION (NOV 2011) DLAD

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

52.243-1 CHANGES – FIXED PRICE (AUG 1987) A-47

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) A-47

252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997) A-48

I-0001 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – A-48

COMMERCIAL ITEMS (DLA ENERGY FEB 1996)

I-0002 I28.01 FEDERAL, STATE, AND LOCAL TAXES (DLA ENERGY NOV 2011) A-48

(DEVIATION)

I-0003 I28.02-1 FEDERAL AND STATE TAXES/FEES (DLA ENERGY JUL 2006) A-49

I-0004 I28.03-1 TAX EXEMPTION CERTIFICATES (DLA ENERGY AUG 2003) A-49

I-0005 I86.12 DELIVERY-ORDER LIMITATIONS - SCOPE OF CONTRACT (BULK) A-50

(DLA ENERGY NOV 2011)

A-iii

I-0006 I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION A-50

(DLA ENERGY FEB 2009)

I-0007 I190.04 MATERIAL SAFETY DATA SHEETS - COMMERCIAL ITEMS (BULK) A-50

I-0008 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) A-51

SECTION J

OFFER SUBMISSION PACKAGE ATTACHMENT

STANDARDIZED FORMAT FOR USE IN THE PREPARATION ATTACHMENT 1 TO OSP

OF PRODUCT TEST REPORTS

DLA ENERGY FORM 19.3 SMALL BUSINESS ATTACHMENT 2 TO OSP

SUBCONTRACTING PLAN

SECTION K

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM NUMBER (JUL 2013) A-53

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) A-53

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION A-53

REGARDING RESPONSIBILITY MATTERS (JUL 2013)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL A-54

ITEMS (MAR 2015)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

K-0001 K5 USE OF ELECTRONIC DATA INTERCHANGE (DLA ENERGY MAR 2009) A-54

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

K-0002 K15.01 RELEASE OF UNIT PRICES (BULK) (DLA ENERGY NOV 2002) A-54

K-0003 K28 REFINERY INFORMATION (BULK) (DLA ENERGY JUN 1986) A-54

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

K-0004 K28.01 NOTIFICATION OF VESSEL EXPECTED TIME OF ARRIVAL (ETA) A-54

(DLA ENERGY JAN 2012) (REV)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

A-iv

K-0005 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) A-54

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

K-0006 K86 FOREIGN TAXES (DLA ENERGY NOV 2014) A-54

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

SECTION L

52.216-1 TYPE OF CONTRACT (APR 1984) A-55

52.247-45 F.O.B. ORIGIN AND/OR F.O.B. DESTINATION EVALUATION (APR 1984) A-55

52.233-9000 AGENCY PROTESTS (NOV 2011) – DLAD A-55

L-0001 L2.07 EVIDENCE OF RESPONSIBILITY (DLA ENERGY JAN 1998) A-55

L-0002 L2.09 EVIDENCE OF RESPONSIBILITY (OPERATING CRITERIA) A-55

(DLA ENERGY JAN 2012)

L-0003 L2.11-3 FACSIMILE PROPOSALS – COMMERCIAL ITEMS (DLA ENERGY NOV 1999) A-56

L-0004 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) A-56

SECTION M

52.217-5 EVALUATION OF OPTIONS (JUL 1990) A-58

M-0001 M10 EVALUATION – ALL OR NONE (DLA ENERGY MAR 2000) A-58

M-0002 M19.05 EVALUATION OF OFFERS SUBJECT TO ECONOMIC PRICE A-58

ADJUSTMENT (DOMESTIC BULK) (DLA ENERGY JAN 2012)

M-0003 M24.03-1 EVALUATION OF OFFERS INVOLVING F.O.B. TANKER LOADING A-58

(FMS ISRAEL) (DLA ENERGY NOV 2003)

M-0004 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) A-58

(DLA ENERGY APR 1997)

A-v

GENERAL SOLICITATION NOTES

(Unless stated otherwise in the schedule, general notes apply to all line items)

Note 1: The transfer of ownership of the product will occur at the flange, i.e, the connection of shoreline to vessel. The U.S.

Government is responsible for acceptance of the product. Any quality disputes will be decided by a composite sample at dock header to determine source of contamination.

Note 2: The refinery must provide what is considered a safe berth in a safe load port. The port must be accessible to commercial vessels, i.e., not limited to military vessels. The load port and berth must allow for direct loading of the product by dedicated pipeline. The Foreign Military Sales/Ministry of Defense (FMS/MOD) is not willing to accept a loading procedure that relies on transfer via barge.

Note 3: The Contractor shall submit to the DLA Energy representative a typical full laboratory analysis (Certificate of Analysis) for its product prior to the first shipment as early as possible.

Note 4: Quality control procedures for each shipment of fuel furnished under this document shall be monitored by a U.S.

Government representative. The U.S. Government representative may be accompanied by a FMS/MOD representative.

Note 5: The fuel in each seashore storage tank shall conform to the requirements of the specification. Each shipment of fuel furnished under this specification shall be inspected separately by a U.S. Government representative, who may be accompanied by a FMS/MOD representative.

Note 6: The U.S. Government representative is responsible for quality assurance of the product and shall be the contractor’s sole point of contact. The FMS/MOD representative may accompany the U.S. Government representative in the course of his duties, but is restricted to an observer status only. In the event there is a dispute between the U.S. Government representative and the FMS/MOD representative with regard to test results, the determination of the U.S. Government representative shall govern.

Note 7: The U.S. Government representative shall inspect and approve the ocean tanker before its loading. The fuel shall not be transferred onto the ocean tanker without approval by the U.S. Government representative.

Note 8: Quality control procedures for each shipment of fuel furnished under this document shall be in accordance with standard DLA Energy procedures as provided in E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013), including ocean tanker cleanliness approval as specified in Note 9 below.

Note 9: Prior to loading diesel gas-oil, jet fuel or mogas on the ocean tanker, the ship’s cargo cells shall be clean in accordance with standard U.S. Department of Defense Requirements for sea shipment of diesel gas-oil, jet fuel and unleaded motor gasoline, as set forth in MIL-HDBK-291 (SH), “Cargo Tank Cleaning.” The exact cleaning method shall be determined by the last cargo carried by the ocean tanker. Ocean tanker cleanliness approval shall be conducted by a Quality Assurance Representative (QAR) by entering each cargo cell of the ocean tanker after it has been cleaned in accordance with standard U.S. Department of Defense Requirements for sea shipment of all products as set forth in MIL-HDBK-291 (SH), “Cargo Tank Cleaning.”

Note 10: Results of all quality control tests performed by the refinery before and after the transfer of the fuel to seashore storage tanks and during and after the loading of the ocean tanker shall be made available to DLA Energy FEBAA within 48 hours after the cargo has been released. A copy of all laboratory test results shall be sent via fax to (703)767-9269.

Note 11: The U.S. Government shall perform the same tanker inspection on furnished vessels as it performs on Military Sealift Command (MSC) tankers under Defense Logistics Agency Energy Free On Board (FOB) origin contracts. In the event the FMS/MOD representative chooses to witness the inspection, and there is a dispute between the U.S. Government representative and the FMS/MOD representative as to the suitability of the tanker to load the cargo, the determination of the U.S. Government representative shall govern. There shall be no liability accruing to DLA Energy, the Defense Logistics Agency, the Defense Contract Management Command, the Department of Defense, the United States of America, or their officers, employees, agents, successors and assigns, as a result of the inspection including, but not limited to, liability arising from any action or omission of the U.S. Government representative to performing the inspection.

A-vi

Note 12: The maximum vessel draft will be 40 feet at summer load line for a safety allowance.

Note 13: Load port must be capable of handling vessel lengths (LOA) up to 619 feet and 9 inches and be accessible for commercial vessels.

Note 14: Deliveries are to be made FOB origin from a port to be determined at the time of contract award.

Note 15: The ocean tanker shall be able to transport different kinds of petroleum fuels (jet fuel, diesel gas-oil, and unleaded mogas) at the same time, without any risk of fuel mixtures at time of transportation, loading and unloading of the fuels.

Note 16: The contractor shall provide the QAR (DLA Energy representative) with adequate facilities and professional personnel necessary to perform testing and sampling procedures, at its own expense.

Note 17: At the time of inspection, the fuel in each seashore storage tank shall conform to the requirements of the required specification. Each shipment of fuel furnished under this specification shall be inspected separately by a U.S. Government representative who may be accompanied by a FMS/MOD representative. At time of inspection the finished fuel shall be visually clear and bright at ambient temperature.

Note 18: Offers from the U.S. Possessions of Puerto Rico and the Virgin Islands will be accepted.

Note 19: The demurrage rate is $34,000.00 per day.

A-vii

SECTION B

B-0001 B1 SUPPLIES TO BE FURNISHED (BULK) (DLA ENERGY JAN 2012)

(a) The minimum and maximum quantities are defined in the contract provision DELIVERY-ORDER LIMITATIONS – SCOPE OF

CONTRACT.

(b) The supplies to be furnished during the contract period and all associated data are as follows:

SCHEDULE B

BASIC REQUIREMENT

DELIVERY PERIOD: OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2016, PLUS 30 DAYS

Turbine Fuel, Aviation, JP8

NSN: 9130-01-031-5816

Line Item FOB Origin Method of Delivery Estimated Quantity/USG

0001 East/Gulf Coast Port Tanker 84,000,000 Puerto Rico/Virgin Islands (through a dedicated pipeline)

Product Notes:

Note 1: The JP8 shall conform to the requirements of the latest revision of MIL-DTL-83133H, dated December 24, 2013.

ALSO SEE APPENDIX A FOR ADDITIONAL INFORMATION.

Note 2: The jet fuel shall not contain any bio-compounds or synthetic compounds and shall not be stored or carried in tanks or transferred through pipes used for bio-fuels or synthetic fuels, except in specific cases in which a waiver is granted by DLA Energy and the end user.

Note 3: The fuel lubricity shall be checked only in the case described in British Def. Standard 91-91 (latest version).

Note 4: The fuel shall contain only an antioxidant additive as described in MIL-DTL-83133H at a concentration of 17.2 – 24.0 mg/l. The offeror shall state the type and concentration of the antioxidant additive used.

Note 5: The fuel supplied under this specification shall be supplied within one (1) month of its manufacture.

Note 6: The fuel shall be transferred from the refinery to the seashore storage facilities, and to the ocean tanker, by a pipeline intended for carrying jet fuel only. If such a pipeline is unavailable, the intended pipeline shall be emptied and flushed with kerosene prior to transferring the cargo through it.

Note 7: The jet fuel to be produced for each shipment to be transported by an ocean tanker shall be supplied from a single refinery (no more than one jet fuel producer for each shipment).

Note 8: At the time of inspection, the furnished fuel shall be visually clear and bright at ambient temperature.

A-1

B-0001 (CONT’D)

Note 10: DLA Energy anticipates lifts as follows:

Cargo Quantity (USG) Loading Window 1 14,000,000 October 5-9, 2015 2 14,000,000 January 24-28, 2016 3 14,000,000 March 14-18, 2016 4 14,000,000 May 11-15, 2016 5 14,000,000 July 12-16, 2016 6 14,000,000 August 27-31, 2016

THE DELIVERY SCHEDULE IS NOT ABSOLUTE AND IS SUBJECT TO CHANGE

A-2

Diesel Fuel Oil, EN590

NSN: 9140-01-556-9156

Line Item FOB Origin Method of Delivery Estimated Quantity/USG

0002 East/Gulf Coast Port Tanker 28,000,000 Puerto Rico/Virgin Islands (through a dedicated pipeline)

Product Notes:

Note 1: Product shall conform to European Specification EN590: 7-46311793-90/17E dated February 16, 2015. Fuel supplied shall be distillated fuel refined from petroleum crude oil. The fuel shall be a straight run diesel gas-oil, and shall not contain more than 15% volume of any reformated or cracked components. The fuel shall not contain any bio-compounds or synthetic compounds and shall not be stored or carried in tanks or transferred through pipes used for bio-fuels or synthetic fuels, except in specific cases that shall be waived by DLA Energy and the end user.

ALSO SEE APPENDIX B FOR THE COMPLETE SPECIFICATION AND ADDITIONAL INFORMATION.

Note 2: The fuel supplied under this specification shall be supplied within three (3) months of its manufacture.

Note 3: The fuel shall be transferred from the refinery to the seashore storage facilities, and to the ocean tanker, by a pipeline intended for carrying diesel gas-oil line only. If such a pipeline is unavailable, the intended pipeline shall be emptied and flushed with diesel gas-oil, before transferring the cargo through it.

Note 4: The diesel gas-oil quantity produced for each shipment to be transported by an ocean tanker shall be supplied from a single refinery (no more than one diesel fuel producer for each shipment).

Note 5: DLA Energy anticipates lifts as follows:

1 14,000,000 December 1-4, 2015 2 14,000,000 May 21-25, 2016

A-3

Gasoline, Automotive, EN228

NSN: 9130-01-527-5763

Line Item FOB Origin Method of Delivery Estimated Quantity/USG

0003 East/Gulf Coast Port Tanker 14,000,000 Puerto Rico/Virgin Islands (through a dedicated pipeline)

Product Notes:

Note 1: Product shall conform to European Specification EN228 and contains requirements for purchasing Unleaded Gasoline for use in automotive engines in accordance with I.D.F. Specification no: 7-46025024-90/21E dated February 16, 2015.

SEE APPENDIX C FOR THE COMPLETE SPECIFICATION AND ADDITIONAL INFORMATION.

Note 2: The fuel furnished under this specification shall be supplied within one (1) month of its manufacture.

Note 3: The fuel shall be transferred from the refinery to the seashore storage facilities, and to the ocean tanker, by pipeline intended for carrying unleaded motor gasoline only. If such a pipeline is unavailable, the intended pipeline shall be flushed with motor gasoline to be loaded.

Note 4: DLA Energy anticipates lifts as follows:

1 14,000,000 (Winter Specification) November 22-26, 2015

A-4

OPTION REQUIREMENTS

DELIVERY PERIOD: OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2017, PLUS 30 DAYS

Turbine Fuel, Aviation, JP8

NSN: 9130-01-031-5816

Line Item FOB Origin Method of Delivery Estimated Quantity/USG

0004 East/Gulf Coast Port Tanker 84,000,000 Puerto Rico/Virgin Islands (through a dedicated pipeline)

Note 1: The JP8 shall conform to the requirements of the latest revision of MIL-DTL-83133H, dated December 24, 2013.

ALSO SEE APPENDIX A FOR ADDITIONAL INFORMATION.

Note 2: The jet fuel shall not contain any bio-compounds or synthetic compounds and shall not be stored or carried in tanks or transferred through pipes used for bio-fuels or synthetic fuels, except in specific cases in which a waiver is granted by DLA Energy and the end user.

Note 3: The fuel lubricity shall be checked only in the case described in British Def. Standard 91-91 (latest version).

Note 4: The fuel shall contain only an antioxidant additive as described in MIL-DTL-83133H at a concentration of 17.2 – 24.0 mg/l. The offeror shall state the type and concentration of the antioxidant additive used.

Note 5: The fuel supplied under this specification shall be supplied within one (1) month of its manufacture.

Note 6: The fuel shall be transferred from the refinery to the seashore storage facilities, and to the ocean tanker, by a pipeline intended for carrying jet fuel only. If such a pipeline is unavailable, the intended pipeline shall be emptied and flushed with kerosene prior to transferring the cargo through it.

Note 7: The jet fuel to be produced for each shipment to be transported by an ocean tanker shall be supplied from a single refinery (no more than one jet fuel producer for each shipment).

Note 8: At the time of inspection, the furnished fuel shall be visually clear and bright at ambient temperature.

Note 9: The delivery schedule for Line Item 0004 will be provided if/when the option is exercised. Options are subject to the availability of funds. The volume exercised may differ slightly from this solicitation.

A-5

Diesel Fuel Oil, EN590

NSN: 9140-01-556-9156

Line Item FOB Origin Method of Delivery Estimated Quantity/USG

0005 East/Gulf Coast Port Tanker 28,000,000 Puerto Rico/Virgin Islands (through a dedicated pipeline)

Note 1: Product shall conform to European Specification EN590: 7-46311793-90/17E dated February 16, 2015. Fuel supplied shall be distillated fuel refined from petroleum crude oil. The fuel shall be a straight run diesel gas-oil, and shall not contain more than 15% volume of any reformated or cracked components. The fuel shall not contain any bio-compounds or synthetic compounds and shall not be stored or carried in tanks or transferred through pipes used for bio-fuels or synthetic fuels, except in specific cases that shall be waived by DLA Energy and the end user.

ALSO SEE APPENDIX B FOR THE COMPLETE SPECIFICATION AND ADDITIONAL INFORMATION.

Note 2: The fuel supplied under this specification shall be supplied within three (3) months of its manufacture.

Note 3: The fuel shall be transferred from the refinery to the seashore storage facilities, and to the ocean tanker, by a pipeline intended for carrying diesel gas-oil line only. If such a pipeline is unavailable, the intended pipeline shall be emptied and flushed with diesel gas-oil, before transferring the cargo through it.

Note 4: The diesel gas-oil quantity produced for each shipment to be transported by an ocean tanker shall be supplied from a single refinery (no more than one diesel fuel producer for each shipment).

Note 5: The delivery schedule for Line Item 0005 will be provided if/when the option is exercised. Options are subject to the availability of funds.

A-6

Gasoline, Automotive, EN228

NSN: 9130-01-527-5763

Line Item FOB Origin Method of Delivery Estimated Quantity/USG

0006 East/Gulf Coast Port Tanker 14,000,000 Puerto Rico/Virgin Islands (through a dedicated pipeline)

Note 1: Product shall conform to European Specification EN228 and contains requirements for purchasing Unleaded Gasoline for use in automotive engines in accordance with I.D.F. Specification no: 7-46025024-90/21E dated February 16, 2015.

SEE APPENDIX C FOR THE COMPLETE SPECIFICATION AND ADDITIONAL INFORMATION

Note 2: The fuel furnished under this specification shall be supplied within one (1) month of its manufacture.

Note 3: The fuel shall be transferred from the refinery to the seashore storage facilities, and to the ocean tanker, by pipeline intended for carrying unleaded motor gasoline only. If such a pipeline is unavailable, the intended pipeline shall be flushed with motor gasoline to be loaded.

Note 4: The delivery schedule for Line Item 0006 will be provided if/when the option is exercised. Options are subject to the availability of funds. The volume exercised may differ slightly than this solicitation.

A-7

52.216-9069 ECONOMIC PRICE ADJUSTMENT -- PUBLISHED MARKET PRICE - DLA ENERGY DOMESTIC BULK

(NOV 2011) - DLAD

(a) WARRANTIES. The Contractor warrants that--

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

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

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

(1) Base unit price means the unit price set forth opposite the item in the Schedule.

(2) Market price means the price to be used in determining an economic price adjustment of the base unit price of an individual product for the market area and time period specified in this clause. The market price is derived from quotes, assessments, or sales prices in the market place for one or several items or commodity groups as reported in a consistent manner in a publication, electronic data base, or other form, as determined by an independent trade association, governmental body, or other third party independent of the Contractor.

(i) Base market price means the price as shown in Column V of the table below, which is the market price from which economic price adjustments are calculated pursuant to this clause.

(ii) Adjusting market price means the market price for deliveries during the most recent period, as defined in the table below.

(3) Date of delivery is defined as follows:

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

(c) ADJUSTMENTS.

(1) Subject to the provisions of this clause, the price payable shall be the base unit price in effect on the date of delivery increased or decreased by the same number of cents, or fraction thereof, that the adjusting market price applicable at date of delivery increases or decreases, per like unit of measure, from the base market price.

(2) CALCULATIONS. All calculations shall be rounded to six decimal places.

(3) MODIFICATIONS. Any resultant price changes to the base market price and base unit price shall be executed by the Contracting Officer through a weekly price adjustment modification effective each Tuesday.

(4) FAILURE TO DELIVER. Notwithstanding any other provisions of this clause, 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, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(5) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price, pursuant to these economic price adjustment provisions shall not exceed 330 percent of the original base unit price in any applicable program year (whether a single year or 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 provisions of this clause 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 which the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the established market price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.

(6) REVISION OF MARKET PRICE INDICATOR. In the event--

(i) Any applicable market price indicator is discontinued or its method of derivation is altered substantially; or

(ii) The Contracting Officer determines that the market price indicator consistently and substantially fails 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 parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(d) CONVERSION FACTORS. If this clause requires quantity conversions for economic price adjustment purposes, the conversion factors for applicable products, as specified in the DESC Conversion Factor Instruction, apply unless otherwise specified in the Schedule.

(e) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representative shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause.

(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 clause.

A-8

52.216-9069 (CONT’D)

(g) TABLE.

I II III IV V

Heading under which Base market price market indicator Location where as of March 24, 2015 Name of is published and market price (excludes all taxes)

Item No. Publication name of product is applicable (see note(s) below)

0001/0004 Platt’s Oilgram JET KERO 54 US Gulf Coast $1.583180 Price Report Waterborne Waterborne

0001/0004 Argus JET 54 USGC Cargo FOB $1.574320*

*Offers based on the Argus market price indicator will be subject to a positive factor of $0.005546 for evaluation purposes only.

This evaluation factor represents the spread between the difference of the two reference prices and the 12 month averages of both market price indicators.

0002/0005 Platt’s Oilgram ULSD FOB US Gulf $1.674720 Price Report USGS Wtr Waterborne

The reference price shall be determined as follows: 100% U.S. Gulf Coast (Average of the Low and High)

0002/0005 Argus Diesel 61 10ppm USGC Cargo FOB $1.657820**

**Offers based on the Argus market price indicator will be subject to a positive factor of $0.012790 for evaluation purposes only.

This evaluation factor represents the spread between the difference of the two reference prices and the 12 month averages of both market price indicators.

0003/0006 Platt’s Oilgram Unl 89 USGC US Gulf Coast $1.724140 Price Report Waterborne Waterborne

The reference price shall be determined as follows: 100% U.S. Gulf Coast (Average of the Low and High)

0003/0006 Argus Gasoline 89 Conv US Gulf Coast $1.720660*** USGC Waterborne FOB

***Offers based on the Argus market price indicator will be subject to a negative factor of -$0.026798 for evaluation purposes only.

This evaluation factor represents the spread between the difference of the two reference prices and the 12 month averages of both market price indicators.

NOTE: The East/Gulf Coast adjusting market price will be firm for weekly periods and is defined as the average of the applicable daily Platts or Argus spot assessment quotations effective for the prior week. The simple average of the daily average highs and lows of the prices effective Monday through Friday (excluding any days prices are not published) shall be the adjusting market price effective for the following Tuesday through Monday.

A-9

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 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY DEC 2014)

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.dla.mil under ASSIST-Quick Search or http://quicksearch.dla.mil. 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 under the [ASSIST Update] menu.

THE PRODUCT SPECIFICATIONS ARE PROVIDED AS SEPARATE ATTACHMENTS

A-10

SECTION E

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.

(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 paragraph (l)(1) or (l)(2) of this clause 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.

A-11

52.246-9070 COMMERCIAL BILLS OF LADING (BULK) (DLA ENERGY) (NOV 2011) - DLAD

(a) Commercial bills of lading should not be used in the performance of this contract. The official record for the cargo lifts under bulk fuels contracts is the Department of Defense (DD) Form 250-1, Tanker/Barge Material Inspection and Receiving Report.

(b) If a fuel Contractor requires the use of a commercial bill of lading for record purposes, the bill of lading must clearly state, on the original and all copies, the following:

“NONNEGOTIABLE INSTRUMENT – DD FORM 250-1 IS THE OFFICIAL DOCUMENT FOR THIS GOVERNMENT CARGO.”

252.246-7000 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.

E-0001 E1 CONTRACTOR INSPECTION RESPONSIBILITIES (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 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;

A-12

E-0001 (CONT’D)

(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 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…