SP0600-16-R-0227_Combined_Synopsis_Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION

SP0600-16-R-0227

ISSUED AUGUST 5, 2016

Part: U.S. Government Procurements

Subpart: Supplies, Equipment, and Materials

Class Code: 91 – Fuels, Lubricants, Oils and Waxes

Address of Contracting Office: Defense Logistics Agency, 8725 John J. Kingman Road, Suite 4950, Ft. Belvoir, Virginia 22060-6222, United States of America

Subject: Delivery of Diesel Fuel #2 (DF2), Regular Unleaded Gasoline (MUR) and Aviation Turbine Fuel

(JP8) to various locations within Iraq

Solicitation Number: SP0600-16-R-0227

Reponses Due: August 11, 2016 at 1:00 P.M local time (Ft. Belvoir, VA)

Points of Contact: James Clough, e-mail: James.Clough@dla.mil, phone: 703-767-1884

Contracting Officer Point of Contact: Pamela Barber, e-mail: Pamela.Barber@dla.mil;

Phone: 703-767-8481

Web Address: http://www.energy.dla.mil

Description of Requirement: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 and 13.5, as supplemented by additional information included in this notice. This acquisition is unrestricted. This announcement constitutes the only solicitation and additional information will not be provided. Proposals are requested under Request for Proposals (RFP) SP0600-16-R-0227 for items listed under

B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA

ENERGY JAN 2012).

The performance period is two years. Delivery is FOB Destination and FOB Other. Offerors are advised that the Government reserves the right to award multiple contracts under this request for proposals.

DLA Energy may conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production, financial and quality assurance capabilities.

Solicitation SP0600-16-R-0227 incorporates the terms and conditions of Solicitation SP0600-15-R- 0210 Basic Ordering Agreement (BOA) issued on March 17, 2015.

Competition for this requirement is limited to contractors with current Basic Ordering Agreements (BOAs) issued under Solicitation SP0600-15-R-0210. Non-BOA holders may compete for future orders; however, before being eligible for future orders, non-BOA holders must first respond to the requirements to enter into a BOA, as set forth in Solicitation SP0600-15-R-0210, which is available on the FedBizOpps website (www.fbo.gov). Please note that, as stated in Solicitation SP0600-15-R-0210, DLA Energy evaluates new BOA requests on the 15th day of each month.

The Government intends to award a contract or contracts resulting from this solicitation to the lowest-priced, responsible BOA holder(s). DLA Energy reserves the right to conduct discussions prior to award, and reserves the right to make multiple awards as a result of this solicitation. Any deviation from the terms and conditions of established BOAs or the terms, conditions, or requirements of this solicitation may result in offers being determined ineligible for award. Potential offerors are encouraged to submit any questions regarding this amendment to the DLA Energy Point of Contact provided herein prior to the offer due date and time.

All vendors and subcontractors must be registered in the Joint Contingency Contracting System (JCCS) to be considered for contract awards in the U.S. Central Command (CENTCOM) Area of Operation (AOR).

Instructions for account registration and training can be found at www.jccs.gov. Offerors are required to submit their JCCS number with their offers.

This RFP incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-83.

FAR provision 52.212-3 Offeror Representations and Certifications-Commercial Items applies to this acquisition. Offerors shall complete this provision in the System for Award Management (SAM). SAM is an official U.S. Government system and all offerors are required to be registered in this system. There is NO fee to register for this site. Please provide your CAGE Code from SAM with your offer.

Offerors shall complete and submit Attachment 1 (Subcontractor Owner and Employee Data Sheet) and Attachment 2 (Fuel Source Data Sheet) to this solicitation. See Attachment 3 (Special Notes to the Solicitation) for additional requirements and information.

Offerors shall provide name, title and contact information of person(s) authorized to sign offer and negotiate with the Government in connection with this solicitation under FAR 52.212-1 INSTRUCTIONS TO

OFFERORS – COMMERCIAL ITEMS (PC&S) (TAILORED) (DLA ENERGY) (JUL 2013).

Additional requirements may be added by future amendments to this solicitation.

The Government contemplates award(s) of a Requirements Type, Fixed Price with Economic Price Adjustment resulting from this combined synopsis/solicitation for delivery to locations in Iraq. After award, the contract price for all CLINs will escalate/de-escalate monthly in accordance with solicitation provision B-0002- B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012).

Proposals must be received no later than 1:00 PM local time (Ft. Belvoir, VA) on August 11, 2016.

Offers may be submitted via email to james.clough@dla.mil. When submitting offers, please note the RFP number SP0600-16-R-0227 in the subject line of the email. A confirmation of receipt will be sent to your once your offer has been received. Please note that the offeror assumes all risk for any delay in the transmission of their proposals. Any offers received after the above deadline will not be considered. All offerors are encouraged to review FAR 52.212-1 INSTRUCTIONS TO OFFERORS and solicitation provision L-0001 L2.11-4 EMAIL PROPOSALS. All offerors are further encouraged to submit their proposals early.

TABLE OF CONTENTS

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA

ENERGY JAN 2012)

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

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

C-0001 C16.69-2 GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (PC&S) (DLA

ENERGY NOV 2015)

C-0002 C16.18-2 FUEL OIL, DIESEL (OVERSEAS) (DLA ENERGY FEB 2016)

C-0003 C16.64-1 TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE)

(ROCKY MOUNTAIN /WEST) (WESTPAC) (ATL/EUR/MED) (PC&S) (DLA ENERGY NOV 2015) 13

SECTION D – PACKAGING AND MARKING

DLAD 52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL

(WPM) (FEB 2007)

SECTION E – INSPECTION AND ACCEPTANCE

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

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

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

E-0002 ENERGY QAP E21.01 (JUN 2015) POINT OF INSPECTION

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

JUL 2013)

E-0004 E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

E-0005 E33.07 MANUFACTURING AND FILLING POINTS (DLA ENERGY MAR 2006)

E-0006 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

E-0007 E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY DEC

2011)

E-0008 E40.01 MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA

WORKFLOW (WAWF) ENERGY RECEIVING REPORT (ERR) (BULK FUEL/DIRECT DELIVERY

AVIATION FUEL) (DLA ENERGY JUL 2014)

SECTION F – DELIVERIES AND PERFORMANCE

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

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

F-0001 F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND

TRAILERS, AND TANK WAGONS (DLA ENERGY JAN 2012)

F-0002 F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997)

F-0003 F1.09-8 DETERMINATION OF INVOICE QUANTITY (PC&S) (MIDDLE EAST) (DLA

ENERGY SEP 2005)

F-0004 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014) ... 32

F-0005 F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND

DETENTION RATES (PC&S) (DLA ENERGY AUG 2005)

F-0006 F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA

ENERGY APR 2005)

F-0007 F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002)

F-0008 F30.01 ORDERING AND PAYING OFFICERS (OVERSEAS PC&S) (DLA ENERGY APR

1998)

F-0009 F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005)

SECTION G - CONTRACT ADMINISTRATION DATA

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

DFAR 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

G-0002 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE

WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012)

SECTION I – CONTRACT CLAUSES

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

FAR 52.204-13 – SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

FAR 52.204-16 --COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015) . 42

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (NOV 2014)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2015)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

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

ENERGY) (JUL 2013)

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

OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAR 2016)

FAR 52.216-18 – ORDERING (OCT 1995)

FAR 52.216-21 – REQUIREMENTS (OCT 1995)

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

FAR 52.232-17 – INTEREST (MAY 2014)

DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED

BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT

2015)

DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE

CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)

DFARS 252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2015-

O0016) (SEP 2015)

DFARS 252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR

RECORDS IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS

(DEVIATION 2015-O0013)(MAR 2015)

DFARS 252.225-7995 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES

CENTRAL COMMAND AREA OF RESPONSIBILITY. (DEVIATION 2015-O0009) (JAN 2015)

C-JTSCC 5152.225-5907 MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR

CONTRACTOR EMPLOYEES OPERATING IN THE CENTCOM AREA OF RESPONSIBILITY

(AOR) (JUN 2015)

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

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

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

JAN 2012)

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

ITEMS (DLA ENERGY FEB 1996)

I-0004 I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA

ENERGY FEB 2009)

I-0005 I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY

APR 2006)

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

I-0007 I209.18 OPTION TO EXTEND THE TERM OF THE CONTRACT (DLA ENERGY JAN 2012)

I-0008 I385 NOTIFICATION OF CONTRACTING OFFICER IN THE EVENT OF DISCOVERY OF

EVIDENCE OF FRAUD UNDER THE CONTRACT (DLA ENERGY JUL 2008)

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL

ITEMS (MAR 2016)

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE (NOV 2014)

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

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

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

(DLA ENERGY) (JUL 2013)

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

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

FAR 52.232-38 -- SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH

OFFER (JUL 2013)

DLAD 52.233-9000 AGENCY PROTESTS (NOV 2011)

DLAD 52.233-9001 DISPUTES AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

(ADR) (NOV 2011)

L-0001 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

L-0002 L54 SITE VISIT (DLA ENERGY OCT 1992)

L-0003 L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE

DELIVERY OF PRODUCT (PC&S) (DLA ENERGY JAN 2012)

SECTION M – EVALUATION FACTORS FOR AWARD

FAR 52.212-2 -- EVALUATION -- COMMERCIAL ITEMS (OCT 2014)

M-0001 M3.01 EVALUATION OF OFFERS WHERE UNCOMMON ESCALATORS ARE USED

(DLA ENERGY JAN 1998)

M-0002 M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

M-0003 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR

1997)

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY

JAN 2012)

(a) The supplies to be furnished during the period specified in the REQUIREMENTS clause, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract. The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT contract provision.

(b) In an emergency, oral orders may be issued and must be confirmed in writing by a Standard Form 1449 or DD Form 1155 within 24 hours.

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as N/A-year requirements.

TWO (2) YR

SUPPLIES DELIVERY POINTS ESTIMATED OFFER

ITEMS AND METHOD OF DELIVERY QUANTITY (USG) PRICE ($/USG)

0001 Turbine Fuel, Aviation (JP8) 436,800 $______________/USG

NSN: 9130-01-031-5816

Method of Delivery: Tank Truck-TT with pump and meter with 2 inch adapter.

Contractor shall have all necessary equipment to facilitate downloading of fuel into 20,000 USG fuel blivet.

Delivery Location: Q-West, Iraq

0002 Turbine Fuel, Aviation (JP8) 540,000 $______________/USG

NSN: 9130-01-031-5816

Method of Delivery: Tank Truck-TT with pump and meter with an adapter.

Contractor shall have all necessary equipment to facilitate downloading of fuel into storage capacity.

Storage capacity is using 2 X 1,000 USG steel containers.

Delivery Location: Black Tiger, Iraq

0003 Turbine Fuel, Aviation (JP8) 86,400 $______________/USG

NSN: 9130-01-031-5816

Method of Delivery: Tank Truck with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into 9,000 USG above ground tank.

Delivery Location: Camp Speicher, Tikrit, Iraq

CLINs 0001 through 0003 will be evaluated at the line item level.

0004 Regular Unleaded Gasoline (MUR) 14,400 $______________/USG

NSN: 9130-00-148-7103

Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into 5,000 USG above ground tank.

Delivery Location: Sector 7.4, Iraq

TWO (2) YR

SUPPLIES DELIVERY POINTS ESTIMATED OFFER

ITEMS AND METHOD OF DELIVERY QUANTITY (USG) PRICE ($/USG)

0005 Diesel Fuel # 2 (DF2) 96,000 $______________/USG

NSN: 9140-00-286-5294

Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into 5,000 USG above ground tank.

Delivery Location: Sector 7.4, Iraq

CLINs 0004 and 0005 will be evaluated and awarded on an all or none basis.

By signing below, offeror agrees to all terms and conditions of this solicitation.

NAME OF SIGNATORY (TYPE OR PRINT):________________________________________________________________

OFFEROR SIGNATURE: __________________________________________ DATE: ______________________________

SPECIAL NOTES:

1. All products being procured under this solicitation must be sourced within Iraq or if imported, fuel needs to be pulled from in-country storage sources for delivery to the requiring sites. If fuel is imported, the vendor must be able to deliver the same product into Iraq from at least two countries in order to avert any performance delays as a result of political instability that could potentially limit imports from one of the supply sources.

2. Iraq is a volatile country and there are several routes that are not secure. Security of the ground lock to delivery locations is not guaranteed and is the responsibility of the vendor. If awarded a contract, contractor(s) must submit movement requests through the Prime Minister National Operations Center (PMNOC) and Iraqi Oil Police for approval to travel.

3. Close coordination with site personnel and DLA Energy Middle East Office is required prior to each delivery. Contractor shall have all necessary equipment to facilitate downloading fuel into storage apparatus for each line item.

4. Contractor shall provide the tank batch certificate of quality (COQs) represented for all fuel deliveries under the resultant contract/order to the DLA Energy Middle East Office at DESC-ME.quality.dla.mil for approval prior to any deliveries. In addition, provide certificate of quality (COQs) to the customer at the time of delivery. A DD250 is to be used as the bill of lading to which the following be included for all products: temperature, density, corrected density and corrected quantities (if required) on all shipment documents.

5. Line item numbers 0001-0005 are placeholders and may change upon award.

6. Offerors submitting electronic responses to this solicitation must limit email size to 10MB for a single email. Emails over 10MB may not be delivered because of server restriction on mail size for delivery.

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

8. Any violation of the Iran Sanctions Act is strictly forbidden. Contractor shall not source nor blend any portion of the fuel destined for

DLA Energy with refined fuel products sourced from Iran. In accordance with FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (MAR 2016), by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act.

9. Exceptions: Any exceptions the offeror takes to the terms and conditions of the solicitation must be submitted with the offer. Offerors shall submit all exceptions taken in list format. Only exceptions detailed in the offer will be treated as exceptions to the terms and conditions of the solicitation. Any exceptions taken by the offeror will be considered by the Government and either accepted or rejected.

Exceptions that are accepted by the Government will be incorporated into any resultant contract; exceptions that are rejected by the Government must be withdrawn by the offeror or the offer will be rejected.

10. Offerors must submit pricing in unit price/per USG format: Example: ($0.000000/USG)

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

(a) WARRANTIES. The Contractor warrants that--

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

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

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

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

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

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

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

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

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is--

[ ] (i) The low price published in _________________________________________________________.

(name of publication)

[X] (ii) The average of the prices published in ____PLATTS_OILGRAM_____________________________.

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

(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used.

NOTE: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices, as notice of the correction is received. DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.

(4) NONCOMMERCIAL (NOTIFICATION). For price adjustments utilizing a reference price indicator other than commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof.

(i) INCREASES. Any increase in unit price as a result of an increase in reference price shall apply only to deliveries made on or after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase. However, the prices payable under this contract shall in no event exceed the Contractor’s posted or established selling price in effect on the date of delivery for the product supplied in the form of delivery made at the point of delivery. Also, no notification incorporating an increase in a contract unit price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.

(ii) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the reference price, within the allotted 15 day period, such decrease shall apply to all deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease in the established price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS clause of this contract.

(5) Where the reference price is the Contractor’s established price (see (c)(2)(iii) above), the Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. The Contractor further warrants that, as of the current date, any differences between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice.

(d) MODIFICATIONS. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

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

(f) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed __375____ percent of the award price, except as provided hereafter:

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

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

(g) REVISION OF REFERENCE PRICE INDICATOR. In the event—

(1) Any applicable reference price is discontinued or its method of derivation is altered substantially;

(2) The reference price is an average of published or posted prices, and any one price ceases to be published or posted;

(3) The reference price is published in a trade price service or commercial journal and such publication ceases to publish said reference price or changes its method of quoting prices; or

(4) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustment described hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(h) CONVERSION FACTORS. If this contract provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS contract provision, apply unless otherwise specified in the Schedule.

(i) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this contract provision.

(j) FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract provision.

(k) TABLE.

I II III IV V VI VII

Name of Reference Maximum company/ If company - Method of price payable under publication If publication - delivery as of this contract (identify heading under applicable 1 AUG 2016 (includes any Item No. by number which reference Location where to the (exclude tax included (listed from (c)(2) price is published reference price reference all in the award items) above) and name of product is applicable price taxes) p rice .

0001 PLATTS JP8 FOB ARAB CARGO $1.255143 See Paragraph (f) above

GULF MONTHLY

(JET KERO)

0002 PLATTS JP8 FOB ARAB CARGO $1.255143 See Paragraph (f) above

GULF MONTHLY

(JET KERO)

0003 PLATTS JP8 FOB ARAB CARGO $1.255143 See Paragraph (f) above

GULF MONTHLY

(JET KERO)

0004 PLATTS MUR FOB ARAB CARGO $1.187202 See Paragraph (f) above

GULF MONTHLY

(95 RON UNL)

0005 PLATTS DF2 FOB ARAB CARGO $1.238405 See Paragraph (f) above

GULF MONTHLY

(GASOIL .25% , 2500 PPM)

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

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

C-0001 C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY NOV

2015)

Supplies delivered under this contract shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. This includes delivery of fuel and documentation in a manner consistent with existing or future Title V (Clean Air Act) Permits. In the event that a Federal, State, or local environmental requirement is more stringent than a similar requirement in a fuel specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent environmental requirement will be considered to be a nonconforming supply. All supplies furnished under this contract shall fully meet the requirements of the applicable specification(s) as cited below. In the event that compliance with the more stringent requirement causes the contractor to incur additional costs, the contractor may request an equitable adjustment.

(a) GASOLINE AUTOMOTIVE, UNLEADED, REGULAR. Gasoline shall conform to each country specification as listed below:

COUNTRY SPECIFICATION NATIONAL STOCK NUMBER

AUSTRALIA FUEL STANDARD (PETROL) 2001

CANADA CAN/CGSB-3.5-2001

JAPAN JIS K 2202

EUROPE BS EN 228 9130-00-148-7103

MIDDLE EAST BS EN 228

PHILIPINES PNS/DOE QS 008:2012

ALL OTHER REGIONS ASTM D4814

(1) LOCAL SPECIFICATIONS.

In-country specifications not meeting the specification requirements in the chart above, but meet local requirements may also be submitted for review and approval.

(2) OCTANE REQUIREMENTS

Unleaded regular automotive gasoline shall meet the Motor Octane Number (MON), Research Octane Number (RON) and/or Anti-Knock Index (AKI) limits described in the specification listed for each country or the in-country requirements when applicable.

(3) OXYGENATE REQUIREMENTS.

(i) In order to achieve minimum/maximum oxygen content limits specified per Federal, State, and local environmental requirements, supplies shall only include oxygenates that are permitted by environmental regulations applicable to the time and place of delivery.

(ii) Blending of oxygenates into gasoline to meet oxygenated fuel requirements shall be accomplished by mechanical mixing or agitation in a tank, or by in-line blending, prior to loading the product into transport equipment, and the resultant product must meet contract requirements.

NOTE: Gasoline Reid Vapor Pressure (RVP) specification requirements are seasonal and vary geographically. Therefore, Contractors are expected to know the In-country, State, or Federal RVP requirements of areas being supplied and comply with those requirements.

C-0002 C16.18-2 FUEL OIL, DIESEL (OVERSEAS) (DLA ENERGY FEB 2016)

Supplies delivered under this contract shall conform to all in‐country environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. In the event the in‐country environmental requirement is more stringent than the specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered to be a nonconforming supply.

(a) FUEL OIL, DIESEL (DF2). Fuel oil, diesel shall conform to each countries specification as listed below:

COUNTRY SPECIFICATION NATIONAL STOCK NUMBER

CANADA CAN/CGSB‐3.517‐2013

COSTA RICA RTCA 75.02.17:06

EL SALVADOR RTCA 75.02.17:06

GUATEMALA RTCA 75.02.17:06

NICARAGUA RTCA 75.02.17:06

HONDURAS RTCA 75.02.17:06 9140‐00‐286‐5294

AUSTRALIA Fuel Standard (Automotive Diesel) Determination 2001

PHILIPPINES PNS/DOE QS 004:2012

EGYPT Egyptian Standard 16 / 2005

EUROPE BS EN 590

MIDDLE EAST BS EN 590

ALL OTHER LOCATIONS ASTM D975

(1) In‐country specifications not meeting the specification requirements from the above chart, but meet local requirements may also be submitted for review and approval.

(2) Additional specifications from all other locations in the above chart may be used if they meet or exceed the specification requirements from ASTM D975.

(3) Total particulate contamination level as measured by ASTM D 6217 shall not exceed 10 mg/L.

(4) The offeror shall identify low temperature performance parameters for offered diesel fuel.

(5) Performance enhancing/identification marking additives:

(i) A fuel stabilizer additive/biocide conforming to MIL‐S‐53021A may be blended into the fuel to improve the suitability of fuels for intermediate (6 to18 months) and long‐term (18 to 25 months) periods of storage by preventing fuel deterioration and microbiological growth. Additive concentrations are given in the latest revision of QPL‐53021 found in the Qualified Product Database (QPD) of the Acquisition Streamlining and Standardization Information System

(ASSIST) at http://assistdocs.com/.

(ii) A corrosion inhibitor/lubricity improver conforming to MIL‐PRF‐25017, latest revision, may be blended into the fuel to inhibit corrosion. Additive concentrations are provided in the latest revision of QPL‐25017 found in the Qualified

Product Database (QPD) of the Acquisition Streamlining and Standardization Information System (ASSIST) at http://assistdocs.com/.

(iii) For some U.S. states, territories, and possessions, the U.S. Internal Revenue Service requires that a red dye, identified as Solvent Red 164 (alkyl derivatives of azo benzene azo naphthol), must be added to all nontaxable diesel fuel as a means of identification. The minimum concentration is provided in 26 CFR Part 48.

(6) For Caribbean PC&S purchase program locations only, diesel fuel shall have a minimum flash point of 60C (140F).

(7) Applicable to high sulfur grade DF2:

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE MAXIMUM SULFUR CONTENT

9140‐00‐286‐5294 Grade No. 2‐D S5000 DF2 0.50 wt%

(8) A complete copy of the test report for each delivery of product, by marine vessel or pipeline, shall be forwarded to:

ATTN: DLA ENERGY‐FEQ, ROOM 2943

DEFENSE LOGISTICS AGENCY ENERGY

8725 JOHN J KINGMAN ROAD

FORT BELVOIR VA 22060‐6222

C-0003 C16.64-1 TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE) (ROCKY

MOUNTAIN /WEST) (WESTPAC) (ATL/EUR/MED) (PC&S) (DLA ENERGY NOV 2015)

(b) Aviation Turbine Fuel (JP8) shall conform to MIL-DTL-83133H with AMENDMENT 2, dated December 24, 2013 modified as follows:

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9130-01-031-5816 Turbine Fuel, Aviation JP8

(c) SPECIFICATION MODIFICATIONS

(1) TESTING

(i) PARTICULATE CONTAMINATION (PC) AND FILTRATION TIME (FT) TESTING. A minimum sample size of 3.79 liters (1 gallon) shall be filtered. Total solids shall be determined per ASTM D5452 and the use of a control filter shall be required. For filtration time, only one filter shall be used. For filtration time testing round upwards when reporting the filtration time, in minutes. For example, a filtration time of 10 minutes, 18 seconds, would be reported as 11 minutes.

(ii) MICROSEPAROMETER (MSEP) RATING LIMITS.

(A) Prior to initial production under this contract, the Contractor shall elect, on a one-time basis, which MSEP limit will be met for the balance of the contract. If the Contractor introduces fuel system icing inhibitor (FSII), corrosion inhibitor/lubricity improver (CI/LI), and/or static dissipater additive (SDA) after verification of product conformance with the MSEP requirement, the product is not required to meet a fixed limit on subsequent MSEP tests.

(B) If the Contractor elects to verify conformance with the MSEP requirement on a sample of product that does not contain FSII and CI/LI, an additional MSEP test shall be performed on a hand blend containing aviation turbine fuel, FSII, CI/LI, and antioxidant (AO; AO only if required). The FSII shall be included in this hand blend at a concentration of 0.07 to 0.10 volume percent and the amount of the CI/LI included shall be within the concentration range specified in QPL-25017. The additional MSEP result of this hand blend is a REPORT ONLY requirement, and shall be recorded corresponding to item 750X on the Standardized Report Form (see Attachment _____). This result shall be recorded with an asterisk next to it, and with a footnote below, stating, “*MSEP result is a ‘Report Only’ requirement. Original result of _____________ (fill in actual result) on product containing the following additives:

______________ (fill in combination of additives).”

(iii) WORKMANSHIP. The workmanship criteria in MIL-DTL-83133H with AMENDMENT 2, paragraph 3.4, is revised to read, “At the custody transfer point, the finished fuel shall be clear and bright and visually free from undissolved water and particulate matter in accordance with Standard Test Method for Free Water and Particulate Contamination in Distillate Fuels, ASTM D4176, Procedure 2, with a result of Rating 1, maximum. If the sample fails ASTM D4176 only because it contains visible particulate matter, but meets the particulate matter requirements of 1.0 mg/L maximum as stated in MIL- DTL-83133H with AMENDMENT 2, Table I, the workmanship criteria is met. In case of dispute as determined by sample results taken from the custody transfer point, the fuel shall be clear and bright at 21 degrees Celsius (70 degrees Fahrenheit) and shall contain no more than 1.0 mg/L of particulate matter. The sample in dispute shall be taken into an area where the sample is permitted to slowly equilibrate to 21 degrees Celsius (70 degrees Fahrenheit).

(iv) EXISTENT GUM. The preferred vaporizing medium for aviation turbine fuel is steam, however, the existent gum test may be performed using air as the vaporizing medium at the following operating temperatures: Bath: 232 to 246 degrees Celsius; Test well: 229 to 235 degrees Celsius. If air is used instead of steam while performing ASTM D381 and the test fails then the sample shall be retested using steam.

(2) SPECIAL LOCATION REQUIREMENTS

(i) Rocky Mountain/West. Aviation fuel movement via the Chevron Pipeline (Utah, Idaho, or Washington state entry points) shall be limited to total sulfur content of 0.15 mass percent, maximum.

(ii) Alaska. For fuels refined in Alaska and delivered to Alaska locations, the total Acid number shall be relaxed to 0.020 mg

KOH/g maximum.

(d) ADDITIVES. Additives are required for deliveries of JP8 per MIL-DTL-83133H with AMENDMENT 2, unless addition is excluded by specific solicitation line item, applicable contract clause, or other contractual requirement.

(1) The CI/LI additive(s) used shall be of the type and concentration cited in QPL-25017. To locate this information: (1) Go to the Acquisition Streamlining and Standardization Information System (ASSIST) QuickSearch website (URL http://quicksearch.dla.mil/), (2) type "QPL-25017" in the Document ID field, press the Search button, (3) click the QPL-25017 search result under Document ID, (4) click the "Qualification" link under Overview , and (5) click the “MIL-PRF-25017 CATEGORY 1” link under Govt Designation. The concentration range for each additive is listed under the “Source Notes” link under the far right column of the table.

(2) Metal deactivator additive shall not be used in JP8 unless the Contractor has obtained written consent from the Contracting Officer.

(3) The requirement for static dissipater additive (SDA) (see MIL-DTL-83133H with AMENDMENT 2, paragraph 3.3.3 and fuel electrical conductivity requirement in Table I) shall not apply unless stated otherwise in the Schedule.

(4) Line injection of additives (FSII, CI/LI and SDA) from shipping tank to delivery conveyance is permitted under the following conditions:

(i) A laboratory hand blend containing the required additives and aviation turbine fuel must be tested to verify compliance with the specification.

(ii) Additives must be proportionately injected throughout the entire loading process to ensure the additive is homogeneously blended into the product. The Contractor shall maintain records evidencing the homogeneous blending of all line injected additives. Such records shall include meter or tank gauge readings or test results taken at intervals to provide confidence in the injection process.

(iii) When FSII is line injected, additive concentration must be verified based on a representative sample from each shipping conveyance.

(iv) When SDA is line injected, and insufficient time is available for the fuel to reach equilibrium before departure of the shipping conveyance, the Contractor is not required to report or verify the conductivity level on a representative sample from the conveyance. This does not relieve the Contractor of the requirement to inject SDA homogeneously and in sufficient quantity to obtain a conductivity level which the Contractor would anticipate to be within the specification limits once the fuel is at equilibrium. The receiving activity will measure the conductivity and advise the Contractor if it does not meet the specification requirements and the Contractor shall adjust the SDA injection quantity accordingly.

(5) SPECIAL LOCATION REQUIREMENTS (AEM ONLY)

(i) For deliveries to La Spezia, Italy, the CI/LI shall be 3.5 g/m3 above the minimum effective concentration as identified in QPL-25017. See paragraph (c)(1) above.

(ii) When antioxidants (AO) are added to the hydrotreated portion of the finished product, the percentage of the blend that has been hydrotreated shall be reported.

(iii) The requirement for static dissipater additive (SDA) (see MIL-DTL-83133H with AMENDMENT 2, paragraph

3.3.3 and fuel electrical conductivity requirement in Table I) shall not apply unless stated otherwise in the Schedule.

SECTION D – PACKAGING AND MARKING

DLAD 52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM)

(FEB 2007)

(a) This clause only applies when wood packaging material (WPM) will be used to make shipments under this contract and/or when WPM is being acquired under this contract.

(b) Definition.

Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).

(c) All wood packaging material (WPM) used to make shipments under Department of Defense (DOD) contracts and/or acquired by DOD must meet requirements of international standards for phytosanitary measures (ISPM) 15, “Guidelines for Regulating Wood Packaging Materials in International Trade.” DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo.

(1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) wood packaging material program and WPM enforcement regulations (see http://www.alsc.org/).

(2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Markings shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved dunnage stamp.

(d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government."

SECTION E – INSPECTION AND ACCEPTANCE

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…